Ratinova v. Johnson et al

Filing 40

Order by Hon. Lucy H. Koh granting (36) Stipulation in case 5:11-cv-04792-LHK to Consolidate Shareholder Derivative Actions.Associated Cases: 5:11-cv-04792-LHK, 5:11-cv-06667-LHK(lhklc3, COURT STAFF) (Filed on 1/30/2012)

Case5:11-cv-04792-LHK Document36 Filed01/17/12 Page1 of 9

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BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER
ALAN R. PLUTZIK (State Bar No. 77785)
[e-mail]
MICHAEL S. STRIMLING (State Bar No. 96135)
[e-mail]
2125 Oak Grove Road, Suite 120
Walnut Creek, CA 94598
Telephone: [phone]
Facsimile: [phone]
LEVI & KORSINKY, LLP
DOUGLAS E. JULIE (admitted pro hac vice)
[e-mail]
JOSEPH LEVI (admitted pro hac vice)
[e-mail]
30 Broad Street, 15th Floor
New York, NY 10004
Telephone: [phone]
Facsimile: [phone]

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LAW OFFICES OF DAVID A. BAIN, LLC
DAVID A. BAIN (admitted pro hac vice)
[e-mail]
1050 Promenade II
1230 Peachtree Street, NE
Atlanta, GA 30309
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiffs Olga Ratinova and Lisa E. Coppola, IRA

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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OLGA RATINOVA, derivatively on behalf of
JUNIPER NETWORKS, INC.,

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Plaintiff,
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v.
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KEVIN JOHNSON, SCOTT KRIENS,
PRADEEP SINDHU, ROBERT M.
CALDERONI, MARY B. CRANSTON, JOHN
MICHAEL LAWRIE, STRATTON SCLAVOS,
WILLIAM R. STENSRUD, WILLIAM
MEEHAN, DAVID SCHLOTTERBECK,
MERCEDES JOHNSON,

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Defendants,
STIPULATION AND [PROPOSED] ORDER
CASES NOS.: 11-CV-4003-LHK, 11-CV-4792-HRL

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CASE NO: 11-CV-4792-LHK
STIPULATION AND [PROPOSED]
ORDER REGARDING
CONSOLIDATION

Case5:11-cv-04792-LHK Document36 Filed01/17/12 Page2 of 9

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and

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JUNIPER NETWORKS, INC.

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LISA E. COPPOLA, IRA, derivatively on behalf )
of JUNIPER NETWORKS, INC.,
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Plaintiff,
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v.
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KEVIN JOHNSON, SCOTT KRIENS,
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PRADEEP SINDHU, ROBERT M.
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CALDERONI, MARY B. CRANSTON, JOHN )
MICHAEL LAWRIE, STRATTON SCLAVOS, )
WILLIAM R. STENSRUD, WILLIAM
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MEEHAN, DAVID SCHLOTTERBECK,
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MERCEDES JOHNSON, ROBYN M.
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DENHOLM,
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Defendants,
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and
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JUNIPER NETWORKS, INC.,
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Nominal Defendant.
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STIPULATION AND [PROPOSED] ORDER
CASES NOS.: 11-CV-4003-LHK, 11-CV-4792-HRL

CASE NO: 11-CV-06667-LHK

Case5:11-cv-04792-LHK Document36 Filed01/17/12 Page3 of 9

WHEREAS, plaintiff Olga Ratinova (“Ratinova”) filed a Verified Shareholder Derivative

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Complaint on September 27, 2011 (the “Ratinova Action”);
WHEREAS, plaintiff Lisa E. Coppola, IRA (“Coppola”) filed a Verified Shareholder

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Derivative Complaint December 28, 2011 (the “Coppola Action”);

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WHEREAS, all parties agree that consolidating the Ratinova Action, the Coppola Action,

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and all similar later filed actions is in the interests of judicial economy and the efficient

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management of this litigation;

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WHEREAS, all parties agree that lead and liaison counsel should be appointed on behalf

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of plaintiffs in such consolidated litigation, with Ratinova and Coppola agreeing that the law

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firms Levi & Korsinsky LLP (“Levi & Korsinsky”) and the Law Offices of David A Bain, LLC

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(the “Bain Firm”) should be appointed Co-Lead Counsel and Bramson, Plutzik, Mahler &

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Birkhaeuser (“Bramson, Plutzik”) should be appointed Liaison Counsel, and Defendants take no

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position on the appointment of lead and liaison counsel;
NOW, THEREFORE, the parties hereby agree and stipulate as follows:
1.
The cases described in this paragraph are referred to herein as the “Consolidated

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Actions.” The above-captioned shareholder derivative actions pending in this District are hereby

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consolidated pursuant to Rule 42(a) of the Federal Rules of Civil procedure for purposes

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including, but not limited to, discovery, pretrial proceedings and trial. Any other shareholder

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derivative action that is subsequently filed in or transferred to this Court that arises out of or is

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related to the same facts and claims alleged in the complaints in the any of the Consolidated

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Actions shall be immediately consolidated with the Consolidated Actions, except as specified
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herein.
2.

A Master Docket is hereby established for the Consolidated Actions. The original

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of this order shall be filed by the Clerk in the Master File. The Clerk shall mail a copy of this

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Order to counsel of record in each of the Consolidated Actions. Entries in the Master Docket shall

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be applicable to the Consolidated Actions as more fully set forth below. The Clerk of the Court

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STIPULATION AND [PROPOSED] ORDER
CASES NOS.: 11-CV-4003-LHK, 11-CV-4792-HRL

Case5:11-cv-04792-LHK Document36 Filed01/17/12 Page4 of 9

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shall file all pleadings in any of the actions in the Master File and shall note such filing in the

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Master Docket. No further copies need be filed or docket entries made. The terms of this Order

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shall not have the effect of making any person, firm or corporation a party to any action in which

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he, she or it has not been named, served or added as such in accordance with the Federal Rules of

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Civil Procedure.

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3.

If a shareholder derivative action related to the same subject matters as these

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Consolidated Actions is hereafter filed in this Court or transferred here from another Court, the
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Clerk of this Court shall:
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File a copy of this Order in the separate file for such action;
Notify all counsel of record of the filing or transfer of such action;
Make an appropriate entry in the Master Docket;
Mail to counsel of record in the newly filed or transferred case a copy of this Order;
and
• Upon the first appearance of any new defendants, mail to the attorneys for the
defendants in such newly filed or transferred case a copy of this Order.

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All counsel shall assist the Clerk of the Court by calling to the attention of the Clerk the

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filing or transfer of any case which might properly be consolidated with these Consolidated

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Actions.

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This Order shall apply to each shareholder derivative action that is subsequently filed in or

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transferred to this Court, or consolidated with any of these actions, that arises out of or is related to

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the same facts and claims alleged in the complaints in the Consolidated Actions, unless a party

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objecting to the consolidation of such case or to any other provision of this Order shall, within ten
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(10) days after the date upon which a copy of this Order is mailed to counsel for such party, files

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an application for relief from this Order or any provision herein and this Court deems it

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appropriate to grant the application. The provisions of this Order shall apply to such action

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pending the Court’s ruling on the application.

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STIPULATION AND [PROPOSED] ORDER
CASES NOS.: 11-CV-4003-LHK, 11-CV-4792-HRL

Case5:11-cv-04792-LHK Document36 Filed01/17/12 Page5 of 9

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The defendants do not have to answer, move or otherwise respond to any complaints filed

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in any of the actions consolidated hereunder or any action subsequently filed and consolidated,

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except that defendants must answer or otherwise respond to the Consolidated Complaint to be

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filed by Co-Lead Counsel in this action or as otherwise ordered by the Court. Nothing in the

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foregoing shall be construed as a waiver of the defendants’ right to object to consolidation of any

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subsequently-filed or transferred related action.

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4.

Every pleading filed in these Consolidated Actions shall bear the following caption:

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION
IN RE JUNIPER NETWORKS, INC.
SHAREHOLDER DERIVATIVE LITIGATION
Master File No. 11-CV-04792-LHK

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This Document Relates To:

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When a document is intended to be applicable to all actions to which this Order is

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applicable, the words “All Actions” shall appear immediately after the words “This Document

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Relates To” in the caption set forth above. When a document is intended to be applicable only to

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some, but not all, actions, immediately after the words “This Document Relates To:” in the

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caption described above, there shall appear “Civil Action No. [insert number] [insert name of
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Plaintiff].”
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Levi & Korsinsky and the Bain Firm are hereby appointed Co-Lead Counsel for

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plaintiffs in this action. Co-Lead Counsel are hereby vested by the Court with the following

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responsibilities and duties for plaintiffs in connection with this action:

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a.

To direct and coordinate the briefing and arguing of motions;

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STIPULATION AND [PROPOSED] ORDER
CASES NOS.: 11-CV-4003-LHK, 11-CV-4792-HRL

Case5:11-cv-04792-LHK Document36 Filed01/17/12 Page6 of 9

b.

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To direct and coordinate the initiation and conduct of discovery

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proceedings, including, but not limited to, requests for production of documents and/or

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third party subpoenas.

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c.

To direct and coordinate the examination of witnesses in depositions and

oral interrogatories;

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d.

To act as spokesperson at pretrial conferences;

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To call meetings of plaintiffs’ counsel as appropriate or necessary from time

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to time;
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To direct the preparation for a trial of this matter and to delegate work

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responsibilities to selected counsel as may be required in such a manner as to lead to the

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orderly and efficient prosecution of this litigation and to avoid duplicative or unproductive

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effort.

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g.

To direct and coordinate the conduct of pre-trial, trial and post-trial

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proceedings;

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h.

To consult with and employ experts;

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i.

To coordinate and collect monthly time and expense reports from all

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plaintiffs’ attorneys in this action;
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To initiate and conduct all settlement negotiations with counsel for

defendants; and

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k.

To perform such other duties as may be expressly authorized by further

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order of the Court.

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No motion, request for discovery, or other pre-trial proceedings shall be initiated or filed

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by any plaintiff except through Co-Lead Counsel. Defendants’ counsel may rely upon all

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agreements made with either Co-Lead Counsel, and such agreements shall be binding on all

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STIPULATION AND [PROPOSED] ORDER
CASES NOS.: 11-CV-4003-LHK, 11-CV-4792-HRL

Case5:11-cv-04792-LHK Document36 Filed01/17/12 Page7 of 9

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plaintiffs in this action. Co-Lead Counsel are hereby designated as the counsel for plaintiffs upon

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whom all notices, orders, pleadings, motions, discovery, and memoranda may be served and

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defendants shall effect service of papers on plaintiffs by serving Co-Lead Counsel. If defendants

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file a single pleading or other paper directed to all plaintiffs in this action, the response on behalf

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of plaintiffs shall be made in a single pleading or other paper to be served by Co-Lead Counsel.

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All plaintiffs in this action shall be bound by that pleading or paper. The organizational structure

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established by this Order shall bind counsel for plaintiffs in this action or any subsequently filed
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cases consolidated therewith.
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Bramson, Plutzik is hereby appointed Liaison Counsel for plaintiffs in this action.

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Liaison Counsel will be available and responsible for communications to and from this Court,

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including distributing orders and other directions from the Court to counsel. Plaintiff’s Liaison

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Counsel will be responsible for creating and maintaining a master service list of all parties and

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their respective counsel.

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7.

Waiving only the defenses of insufficiency of process and insufficiency of service

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of process, the undersigned counsel, on behalf of each named Defendant, acknowledges service of

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the complaint in the Coppola action.

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8.

The parties agree that defendants’ Motion To Proceed In One Forum, made

December 16, 2011 in the Ratinova Action shall be deemed as having been made in all of the
Consolidated Actions.

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9.

The Case Management Conference scheduled for March 27, 2012 in the Coppola

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Action is adjourned pending consolidation of the above-captioned actions. The parties to the

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Coppola Action need not file a separate Case Management Conference Statement.

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Dated: January 17, 2012

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STIPULATION AND [PROPOSED] ORDER
CASES NOS.: 11-CV-4003-LHK, 11-CV-4792-HRL

LEVI & KORSINKY, LLP

Case5:11-cv-04792-LHK Document36 Filed01/17/12 Page8 of 9

By: /s/ Douglas E. Julie
Doug Julie

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Attorneys for Plaintiffs Olga Ratinova and Lisa E.
Coppola, IRA

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Dated: January 17, 2012

LAW OFFICES OF DAVID A. BAIN, LLC

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By: /s/ David A. Bain
David A. Bain

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Attorneys for Plaintiff Lisa E. Coppola, IRA

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Dated: January 17, 2012

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By: s/ Alan R. Plutzik
Alan R. Plutzik

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2125 Oak Grove Road, Suite 120
Walnut Creek, CA 94598
E-mail: [e-mail]

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Attorneys for Plaintiffs Olga Ratinova and Lisa E.
Coppola, IRA

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BRAMSON, PLUTZIK, MAHLER &
BIRKHAEUSER

Dated: January 17, 2012

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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
By: /s/ Joni Ostler
Joni Ostler

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Attorneys for Nominal Defendant Juniper Networks,
Inc. and Defendants Kevin Johnson, Scott Kriens,
Pradeep Sindhu, Robert M. Calderoni, Mary B.
Cranston, John Michael Lawrie, Stratton Sclavos,
William R. Stensrud, William Meehan, David
Schlotterbeck, Mercedes Johnson and Robyn M.
Denholm

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STIPULATION AND [PROPOSED] ORDER
CASES NOS.: 11-CV-4003-LHK, 11-CV-4792-HRL

Case5:11-cv-04792-LHK Document36 Filed01/17/12 Page9 of 9

ORDER

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The above stipulation having been considered, and good cause appearing therefore,
IT IS SO ORDERED.
January 18, 2012
30,
DATED: __________________

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__________________________________
THE HONORABLE LUCY H. KOH
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
CASES NOS.: 11-CV-4003-LHK, 11-CV-4792-HRL