Hampton v. Aqua Metals, Inc. et al

Filing 121

ORDER by Judge Haywood S. Gilliam, Jr. Denying 120 JOINT ADMINISTRATIVE MOTION RELIEF TO SET BRIEFING SCHEDULE AND EXCEED PAGE LIMITS FOR THEIR MOTIONS TO DISMISS.(ndrS, COURT STAFF) (Filed on 10/8/2019)

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Michael R. Hogue (SBN 272083)
[e-mail]
GREENBERG TRAURIG, LLP
4 Embarcadero Center, Suite 3000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

Nicole Lavallee (SBN 165755)
[e-mail]
Kristin J. Moody (SBN 206326)
[e-mail]
A. Chowning Poppler (SBN 272870)
[e-mail]
BERMAN TABACCO
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: [phone]

Robert Horowitz
[e-mail]
MetLife Building
200 Park Avenue
New York, NY 10166
Telephone: [phone]
Facsimile: [phone]
(pro hac vice)
Attorneys for Defendants
Aqua Metals, Inc.,
Thomas Murphy, and
Selwyn Mould

Counsel for the PLYMOUTH COUNTY
GROUP and Co-Lead Counsel for the
Class
[Additional Counsel on Signature Page]

Steven M. Schatz, State Bar No. 118356
Boris Feldman, State Bar No. 128838
Dylan G. Savage, State Bar No. 310452
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
Stephen R. Clarke
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
In Re Aqua Metals, Inc. Securities Litigation

Lead Case No. 4:17-CV-07142-HSG
CLASS ACTION
STIPULATION AND ORDER TO SET
BRIEFING SCHEDULE AND EXCEED
PAGE LIMITS RE MOTION TO
DISMISS AMENDED CONSOLIDATED
COMPLAINT

Case No. 4:17-CV-07142-HSG
STIPULATION AND ORDER TO EXCEED PAGE LIMITS RE BRIEFING ON MOTION TO DISMISS
AMENDED CONSOLIDATED COMPLAINT

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WHEREAS, on September 20, 2019, Plaintiffs filed their Amended Consolidated

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Complaint for Violation of Securities Laws (“Amended Complaint”) [Doc. 119]. The Amended

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Complaint, excluding exhibits, is 205 pages long and contained 550 paragraphs of allegations.

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Id.

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WHEREAS, on September 27, 2019, counsel for Defendants contacted counsel for

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Plaintiffs to discuss a stipulation as to briefing schedule as to Defendants’ anticipated motions to

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dismiss the Amended Complaint (“Motions”) as well as setting appropriate page limits for

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briefing given the size and nature of the Amended Complaint and the fact that Defendant

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Stephen R. Clarke had separate counsel from the other Defendants.

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WHEREAS, pursuant to those discussions, the parties agreed that the Defendants would

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have until November 22, 2019 to file their Motions, that Plaintiffs would have until January 31,

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2020 to file their response to the Motions, and that Defendants would have until March 2, 2020

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to file their reply briefs.

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WHEREAS, the parties also agreed to a proposed hearing date of March 12, 2020, or as
soon thereafter as is convenient to the Court and to the parties.

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WHEREAS, the parties agreed that Defendants’ motion papers would be no more than 50

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pages combined for their respective briefs in support of the respective Motions, to be split

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between Defendants as they deem appropriate, that Plaintiffs would be similarly permitted 50

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pages for their brief in response, and that Defendants would be permitted 20 pages combined for

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their reply briefing.

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IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned, that:

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1. Pursuant to Local Rule 6-1, the deadline for Defendants to file their Motions is

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continued to November 22, 2019.
2. Pursuant to Local Rule 6-1, the deadline for Plaintiffs to file their responses to
Defendants’ anticipated Motions is continued to January 31, 2020.
3. Pursuant to Local Rule 6-1, the deadline for Defendants to file their replies in support
of their anticipated Motions is continued to March 2, 2020.
4. The Court shall set a hearing date of March 12, 2020, or as soon thereafter as is
Case No. 4:17-CV-07142-HSG
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STIPULATION AND ORDER TO EXCEED PAGE LIMITS RE BRIEFING ON MOTION TO DISMISS
AMENDED CONSOLIDATED COMPLAINT

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convenient to the Court and to the parties.

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5. The page limit imposed by Local Rule 7-4(b) with respect to Defendants’ anticipated

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Motions is extended to fifty (50) total pages, to be divided between Defendants as

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they deem appropriate.

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6. The page limit imposed by Local Rule 7-4(b) with respect to Plaintiffs’ response to
Defendants’ anticipated Motions is extended to fifty (50) pages.

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7. The page limit imposed by Local Rule 7-4(b) with respect to Defendants’ anticipated

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reply briefs in support of their Motions is extended to twenty (20) total pages, to be

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divided between Defendants as they deem appropriate.

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Case No. 4:17-CV-07142-HSG
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STIPULATION AND ORDER TO EXCEED PAGE LIMITS RE BRIEFING ON MOTION TO DISMISS
AMENDED CONSOLIDATED COMPLAINT

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IT IS SO STIPULATED.
BERMAN TABACCO
DATED: October 7, 2019
By:

/s/ Nicole Lavalee
Nicole Lavallee

Kristin J. Moody
A. Chowning Poppler
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Leslie R. Stern
BERMAN TABACCO
One Liberty Square
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Shannon L. Hopkins
Nancy A. Kulesa
Stephanie A. Bartone
LEVI & KORSINSKY, LLP
1111 Summer Street, Suite 403
Stamford, CT 06901
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Rosemary M. Rivas
LEVI & KORSINSKY, LLP
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for the Plymouth County Group and
Co-Lead Counsel for the Class
Case No. 4:17-CV-07142-HSG
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STIPULATION AND ORDER TO EXCEED PAGE LIMITS RE BRIEFING ON MOTION TO DISMISS
AMENDED CONSOLIDATED COMPLAINT

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DATED: October 7, 2019

GREENBERG TRAURIG, LLP

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By:

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Michael R. Hogue
4 Embarcadero Center, Suite 3000
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

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/s/ Michael R. Hogue

Robert Horowitz
MetLife Building
200 Park Avenue
New York, NY 10166
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
(pro hac vice)

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Counsel for Defendants Aqua Metals, Inc.,
Thomas Murphy, and Selwyn Mould

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DATED: October 7, 2019

WILSON SONSINI GOODRICH & ROSATI
By:

/s/ Steven M. Schatz
Steven M. Schatz

Steven M. Schatz, State Bar No. 118356
Boris Feldman, State Bar No. 128838
Dylan G. Savage, State Bar No. 310452
WILSON SONSINI GOODRICH & ROSATI
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
Stephen R. Clarke

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Case No. 4:17-CV-07142-HSG
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STIPULATION AND ORDER TO EXCEED PAGE LIMITS RE BRIEFING ON MOTION TO DISMISS
AMENDED CONSOLIDATED COMPLAINT

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Pursuant to Civil L.R. 5-1(i)(3), I hereby attest that all other signatories to this document
have concurred in its filing.
By: _/s/ Michael R. Hogue___________

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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_____________________________
Haywood S. Gilliam, Jr.
D
UNITED STATES DISTRICT
DENIE
COURT JUDGE

UNIT
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DATED: October 8, 2019

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Case No. 4:17-CV-07142-HSG
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STIPULATION AND ORDER TO EXCEED PAGE LIMITS RE BRIEFING ON MOTION TO DISMISS
AMENDED CONSOLIDATED COMPLAINT