Ziolkowski v. Netflix, Inc. et al

Filing 19

ORDER by Judge Haywood S. Gilliam, Jr. Granting 18 Stipulated Request and [Proposed] Order Regarding Defendants' Time to Respond to Complaint and to Continue the Initial Case Management Conference. (ndrS, COURT STAFF) (Filed on 4/26/2017)

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KEITH E. EGGLETON, State Bar No. 159842
Email: [e-mail]
RODNEY G. STRICKLAND, State Bar No. 161934
Email: [e-mail]
LUKE A. LISS, State Bar No. 247520
Email: [e-mail]
CELINE G. PURCELL, State Bar No. 305158
Email: [e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
Netflix, Inc., Reed Hastings,
and David Wells

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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JAMES ZIOLKOWSKI, Individually and On
Behalf of All Other Persons Similarly Situated,

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Plaintiff,
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v.
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NETFLIX, INC., REED HASTINGS, and
DAVID WELLS,

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Defendants.

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STIPULATED REQUEST AND [PROPOSED] ORDER
RE: DEFENDANTS’ TIME TO RESPOND TO
COMPLAINT AND CONTINUE INITIAL CMC

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CASE NO.: 4:17-CV-01070-HSG
CLASS ACTION
STIPULATED REQUEST AND
ORDER REGARDING
DEFENDANTS’ TIME TO
RESPOND TO COMPLAINT AND
TO CONTINUE THE INITIAL
CASE MANAGEMENT
CONFERENCE

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Defendants Netflix, Inc., Reed Hastings, and David Wells (collectively, “Defendants”),

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by and through their counsel, and plaintiff James Ziolkowski, individually and behalf of all

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others similarly situated (“Plaintiff”), by and through his counsel, hereby stipulate to the

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following:

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WHEREAS, on March 1, 2017, Plaintiff filed a putative class action complaint (the

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“Complaint”) against Defendants alleging violations of Sections 10(b) and 20(a) of the Securities

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Exchange Act of 1934 (“Exchange Act”) and Securities and Exchange Commission Rule 10b-5

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promulgated thereunder;

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WHEREAS, on March 2, 2017 the Court issued an Order setting the deadline for the

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filing of a Case Management Statement as May 23, 2017 and scheduling the Joint Case

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Management Conference for May 30, 2017;

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WHEREAS, this action is subject to the provisions of the Private Securities Litigation

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Reform Action of 1995 (“PSLRA”), 15 U.S.C. § 78u-4 et seq., which, inter alia, requires the

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Court to appoint a lead plaintiff to oversee the litigation and to approve the lead plaintiff’s

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selection of lead counsel;

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WHEREAS, motions for appointment as lead plaintiff are due on May 1, 2017;

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WHEREAS, the hearing on any motions for appointment as lead plaintiff will be after the

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current due date for Defendants’ response to the Complaint (May 15, 2017) and after the current

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deadline for filing a Case Management Statement (May 23, 2017);

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WHEREAS, the parties anticipate that the Court-appointed lead plaintiff will file a

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consolidated or amended complaint that will supersede the existing Complaint and any later-filed

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complaint(s);

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WHEREAS, Defendants presently intend to file a motion to dismiss, which would trigger
a stay of discovery under the PSLRA, 15 U.S.C. § 78u-4(b)(3)(B);
WHEREAS, in order to avoid the unnecessary expenditure of judicial resources or effort

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by the parties and the Court prior to the appointment of a lead plaintiff and the filing of the

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anticipated amended complaint, the parties have agreed, subject to the Court’s approval, to the

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STIPULATED REQUEST AND [PROPOSED] ORDER
RE: DEFENDANTS’ TIME TO RESPOND TO
COMPLAINT AND CONTINUE INITIAL CMC

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continuance of the initial case management conference and an extension of time for Defendants

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to respond to the current Complaint; and

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WHEREAS, this Stipulation and [Proposed] Order is without prejudice to, or waiver of,

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any rights, arguments, or defenses otherwise available to the parties to this action, including, but

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not limited to the right to revisit the timing of the below-referenced pleadings and motions once

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lead counsel has been designated by the Court.

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, and respectfully

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requested, by and among the parties hereto, through their undersigned counsel of record, that the

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Court order as follows:

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1.

Defendants shall not be required to respond to the Complaint filed in the above-

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captioned action until after the appointment of a lead plaintiff pursuant to 15 U.S.C. § 78u-

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4(a)(3)(B) and after the filing by such lead plaintiff of a consolidated or amended complaint or

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the designation of an operative complaint. Pursuant to Local Rule 6-1(a) this paragraph shall be

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effective upon the filing of this Stipulation with the Court.

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2.

Following the appointment of a lead plaintiff, Defendants shall meet and confer

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with the court-appointed lead plaintiff regarding a schedule for the filing of an amended

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complaint and the filing of Defendants’ response thereto.

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3.

The deadline for submission of a Case Management Statement is extended and the

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Case Management Conference is continued until such time following the filing of Defendants’

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response to the consolidated or amended complaint designated by the court-appointed lead

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plaintiff, on a date to be selected by the Court.

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IT IS SO STIPULATED.

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Dated: April 26, 2017

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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By: s/ Rodney G. Strickland
Attorneys for Defendants

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STIPULATED REQUEST AND [PROPOSED] ORDER
RE: DEFENDANTS’ TIME TO RESPOND TO
COMPLAINT AND CONTINUE INITIAL CMC

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Da
ated: April 26 2017
6,

K
KAHN, SWI
ICK & FOTI LLP
I,

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B s/Ramzi Abadou
By:
Ra
amzi Abadou
u
KAHN SW
WICK & FO LLP
OTI,
912 Cole Street #251
San Franc
cisco, CA 94
4117
Telephone [phone]
e:
Facsimile: 504-455-1498
unsel.com
ramzi.abadou@ksfcou

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STEIN & KR
RINSK LLP
FINKELS
Jeffrey R. Krinsk, Esq
q.
Trenton R Kashima, E
R.
Esq.
550 West C Street, Su 1760
uite
o,
a
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San Diego California 92101-3579
Telephone [phone]
e:
Facsimile: [phone]

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Attorneys f Plaintiff
for
ff

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O
Order
UANT TO STIPULATI
S
ION, IT IS SO ORDER
RED.
PURSU

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ATED: Apri 26, 2017
il
DA

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___________
_
__________
___________
_________
Hono
orable Haywo S. Gillia Jr.
ood
am,
ed
strict Judge
Unite States Dis

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TESTATIO (CIVIL L
ON
LOCAL RU
ULE 5-1(i)(3
3))
ATT

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(3),
that
Abadou conc
curred in
In accordance with Civil Local Rule 5-1(i)( I attest t Ramzi A

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e
is
the filing of thi document.

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Da
ated: April 26 2017
6,

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___ s/ Rodne G. Strickl
_
ey
land
Rodne G. Strick
ey
kland

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STIP
PULATED REQU
UEST AND [PRO
OPOSED] ORDER
R
RE: DEFENDANTS’ TIME TO RESP
POND TO
COM
MPLAINT AND CONTINUE INIT
TIAL CMC

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