Jaszczyszyn v. SunPower Corporation et al

Filing 13

ORDER by Judge Haywood S. Gilliam, Jr. Granting #12 STIPULATION ACCEPTING SERVICE, SETTING SCHEDULE FOR FURTHER PROCEEDINGS, AND VACATING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES. (bns, COURT STAFF) (Filed on 2/24/2022)

Case 4:22-cv-00956-HSG Document 13 Filed 02/24/22 Page 1 of 4

1 Robert V. Prongay (SBN 270796)
[e-mail]
2 Charles H. Linehan (SBN 307439)
[e-mail]
3 Pavithra Rajesh (SBN 323055)
[e-mail]
4 GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
5 Los Angeles, California 90067
Telephone: [phone]
6 Facsimile: [phone]
7 Counsel for Plaintiff Piotr Jaszczyszyn
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PIOTR JASZCZYSZYN, Individually and on
12 Behalf of All Others Similarly Situated,
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Plaintiff,
v.

15 SUNPOWER CORPORATION, PETER
FARICY, and MANAVENDRA S. SIAL,
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Defendants.
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Case No. 4:22-cv-00956-HSG
STIPULATION AND ORDER
ACCEPTING SERVICE, SETTING
SCHEDULE FOR FURTHER
PROCEEDINGS, AND VACATING
INITIAL CASE MANAGEMENT
CONFERENCE AND RELATED
DEADLINES

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782457.2

STIPULATION AND ORDER REGARDING CASE MANAGEMENT Case No.
4:22-cv-00956-HSG

Case 4:22-cv-00956-HSG Document 13 Filed 02/24/22 Page 2 of 4

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WHEREAS, on February 16, 2022, Plaintiff Piotr Jaszczyszyn (“Plaintiff”) commenced

2 the above-captioned action against Defendants SunPower Corporation, Peter Faricy, and
3 Manavendra S. Sial (collectively, “Defendants”), alleging violations of Sections 10(b) and 20(a) of
4 the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act
5 of 1995 (the “PSLRA”) (ECF No. 1);
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WHEREAS, on February 18, 2022, the Court issued an Order scheduling an Initial Case

7 Management Conference for May 17, 2022 at 2:00 p.m. and setting associated deadlines pursuant
8 to the Federal Rules of Civil Procedure, the Civil Local Rules, and the Alternative Dispute
9 Resolution Local Rules (see ECF No. 10);
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WHEREAS, the PSLRA provides a procedure for the appointment of lead plaintiff and

11 lead counsel, 15 U.S.C. § 78u-4(a)(3), and motions for appointment as lead plaintiff and approval
12 of lead counsel must be filed no later than April 18, 2022 (see ECF No. 8);
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WHEREAS, the Parties anticipate that the Court-appointed lead plaintiff will file an

14 amended complaint and that Defendants will file motion(s) to dismiss;
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WHEREAS, an amended complaint would render any response to the currently pending

16 complaint moot; and
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WHEREAS, the PSLRA provides that discovery shall be stayed during the pendency of

18 any motion to dismiss, 15 U.S.C. § 78u-4(b)(3)(B);
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WHEREAS, the undersigned parties respectfully submit that, because the pleadings are not

20 yet set and in light of the PSLRA’s discovery stay, good cause exists to find that Defendants
21 should not be required to respond to a complaint in this case until after lead plaintiff and lead
22 counsel have been appointed and have filed an amended complaint and to vacate the Initial Case
23 Management Conference and related deadlines to be reset after the Court has an opportunity to
24 rule on Defendants’ anticipated motion to dismiss;
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NOW, THEREFORE, IT IS HEREBY STIPULATED, by and between the undersigned,

26 subject to Court approval, as follows:
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782457.2

STIPULATION AND ORDER REGARDING CASE MANAGEMENT Case No.
4:22-cv-00956-HSG

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Case 4:22-cv-00956-HSG Document 13 Filed 02/24/22 Page 3 of 4

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1.

The undersigned counsel for Defendants hereby accepts service of the summons

2 and complaint in this action without waiving any rights or defenses, except as to sufficiency of
3 service.
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2.

The Parties agree that Defendants need not respond to the current complaint.

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3.

Within fourteen (14) days of entry of the Order appointing lead plaintiff and lead

6 counsel, the Court-appointed lead plaintiff and Defendants shall confer and submit a proposed
7 schedule for the filing of an amended complaint and Defendants’ response(s) thereto.
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4.

The Initial Case Management Conference set for May 17, 2022 at 2:00 p.m., and all

9 associated deadlines, are vacated and shall be reset after the Court has an opportunity to rule on
10 Defendants’ anticipated motion to dismiss.
11 DATED: February 23, 2022
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GLANCY PRONGAY & MURRAY LLP
By: /s/ Pavithra Rajesh
Robert V. Prongay
Charles Linehan
Pavithra Rajesh
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Counsel for Plaintiff Piotr Jaszczyszyn

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19 DATED: February 23, 2022
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WILSON SONSINI GOODRICH & ROSATI
By: /s/ Katherine L. Henderson
Katherine L. Henderson
One Market Street
Spear Tower, Suite 3300
San Francisco, California 94105
Telephone: [phone]
Facsimile: (415( 947-2099
Email: [e-mail]
Counsel for Defendants SunPower Corporation, Peter
Faricy, and Manavendra S. Sial

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782457.2

STIPULATION AND ORDER REGARDING CASE MANAGEMENT Case No.
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Case 4:22-cv-00956-HSG Document 13 Filed 02/24/22 Page 4 of 4

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Pursuant to Civil L.R. 5-1(i)(3), all signatories concur in filing this stipulation.

2 Dated: February 23, 2022
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_/s/ Pavithra Rajesh
Pavithra Rajesh

_________

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
2/24/2022
Dated: ___________________

_________________________________________
HONORABLE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT JUDGE

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782457.2

STIPULATION AND ORDER REGARDING CASE MANAGEMENT Case No.
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