Ratinova v. Johnson et al

Filing 41

ORDER Proposing a Stay of Proceedings in Consolidated Derivative Actions. Signed by Judge Lucy H. Koh on 1/30/12. (lhklc3, COURT STAFF) (Filed on 1/30/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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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, et al.,

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Defendants.

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and

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JUNIPER NETWORKS, INC.,

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Nominal Defendant.
LISA E. COPPOLA, IRA, derivatively on
behalf of JUNIPER NETWORKS, INC.
Plaintiff,

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v.
KEVIN JOHNSON, et al.,

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Defendants.

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and

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JUNIPER NETWORKS, INC.,
Nominal Defendant.

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Case No.: 11-cv-04792-LHK
ORDER PROPOSING A STAY

Case No.: 11-cv-04792-LHK
Related Case No.: 11-cv-06667-LHK
Related Case No.: 11-cv-04003-LHK
ORDER PROPOSING A STAY OF
PROCEEDINGS IN CONSOLIDATED
DERIVATIVE ACTIONS

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CITY OF ROYAL OAK RETIREMENT
SYSTEM, Individually and on Behalf of All
Others Similarly Situated,
Plaintiff,
v.
JUNIPER NETWORKS, INC., KEVIN R.
JOHNSON, ROBYN M. DENHOLM, and
SCOTT G. KRIENS,
Defendants.

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In the Joint Case Management Statement, Plaintiff Olga Ratinova requested a stay of her

United States District Court
For the Northern District of California

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derivative action until “a decision on the anticipated motion to dismiss the Class Action” in City of

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Royal Oak Retirement System v. Juniper Networks, et al., Case No. 11-CV-04003-LHK. ECF No.

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32 at 7. At the January 12, 2012 Initial Case Management Conference, Plaintiff Olga Ratinova

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further clarified that her derivative action should be stayed until Plaintiff City of Royal Oak

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Retirement System survived a motion to dismiss. There may be multiple rounds of motions to

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dismiss. At the January 12, 2012 Initial Case Management Conference, the Court denied the stay

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request, ordered the filing of an amended complaint, and set a briefing schedule for a motion to

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dismiss Plaintiff Olga Ratinova’s derivative action, which was expected to be consolidated with

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related derivative action, Coppola v. Johnson, Case No. 11CV-06667-HRL.

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Having considered Plaintiff Olga Ratinova’s January 13, 2012 Opposition to, and

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Defendants’ January 20, 2012 Reply in Support of, Defendants’ Motion to Proceed in One Forum,

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the Court is inclined to grant a motion to stay the Ratinova action, which now has been

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consolidated with the related Coppola derivative action, until Plaintiff City of Royal Oak

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Retirement System survives a motion to dismiss. This would necessarily vacate Plaintiffs’

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deadline to amend the complaint and the motion to dismiss briefing schedule. Accordingly, the

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Court proposes that the parties so stipulate and that Defendants withdraw their Motion to Proceed

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in One Forum. Absent such a stipulation, the deadlines set forth in the January 12, 2012 Case

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Management Order remain in effect. See ECF No. 37. The parties are ordered to file a joint status

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Case No.: 11-cv-04792-LHK
ORDER PROPOSING A STAY

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report setting forth their positions on the Court’s proposal by 5:00 p.m. on Friday, February 3,

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2012.

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IT IS SO ORDERED.

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Dated: January 30, 2012

_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 11-cv-04792-LHK
ORDER PROPOSING A STAY