Copeland v. Apotheker et al

Filing 29

ORDER GRANTING 28 Notice of Voluntary Dismissal filed by Hewlett-Packard Company. Order granting dismissal shall otherwise be without prejudice and with the Parties bearing their own fees and costs in connection with the Action. Signed by Judge Edward J.Davila on 4/14/2016. (ecgS, COURT STAFF) (Filed on 4/14/2016)

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STEVEN M. SCHATZ, State Bar No. 118356
[e-mail]
KATHERINE L. HENDERSON, State Bar No. 242676
[e-mail]
JESSICA L. SNORGRASS, State Bar No. 259962
[e-mail]
BENJAMIN J. TOLMAN, State Bar No. 302942
[e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
MARK J. SONNENFELD (Pro Hac Vice)
[e-mail]
KAREN A. PIESLAK POHLMANN (Pro Hac Vice)
[e-mail]
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103-2921
Telephone: [phone]
Facsimile: [phone]
Attorneys for Nominal Defendant
HP Inc. (formerly known as Hewlett-Packard
Company)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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A.J. COPELAND,

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Plaintiff,
v.
LEO APOTHEKER, MARGARET C.
WHITMAN, RAYMOND J. LANE, MARC L.
ANDREESEN, SHUMEET BANERJI, RAJIV L.
GUPTA, JOHN H. HAMMERGREN, ANN M.
LIVERMORE, GARY M. REINER, PATRICIA
F. RUSSO, G. KENNEDY THOMPSON,
RAYMOND E. OZZIE, JAMES A. SKINNER,
ROBERT R. BENNETT, RALPH V.
WHITWORTH, and MICHAEL R. LYNCH,

CASE NO.: 5:14-cv-00622-EJD
JOINT REQUEST FOR DISMISSAL
OF ACTION
Courtroom 1, 5th Floor
Before: Hon. Edward J. Davila
Date Action Filed: Feb. 10, 2014
Trial Date: None Set

Defendants.
– and –
HEWLETT-PACKARD COMPANY, a
Delaware corporation,
Nominal Defendant.
Joint Request for Dismissal of Action
Case No. 5:14-cv-00622-EJD

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Plaintiff A.J. Copeland, Martha J. Copeland, and Nominal Defendant HP Inc. (“HP” or

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the “Company”),1 by and through their undersigned counsel, hereby jointly request as follows:

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WHEREAS, pursuant to the Parties’ Joint Stipulation for Voluntary Dismissal, on March

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4, 2016, the Court issued an Order requiring the Parties to provide notice of the proposed

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voluntary dismissal of the above-captioned action (the “Action”) by filing a Form 8-K with the

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U.S. Securities and Exchange Commission (“SEC”) for both Defendant Entities, which will also

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be accessible on the Defendant Entities’ respective websites;

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WHEREAS, the Court’s Order also provided that, in the event no shareholder sought to

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intervene within thirty (30) days of issuance of the notice, this Action shall be dismissed on the

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terms provided for in the Stipulation and Order, with prejudice as to Plaintiff and Martha J.

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Copeland, except for this prejudicial bar shall not extend to the claims raised and released in In

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re Hewlett-Packard Company Shareholder Derivative Litigation, Case No. 3:12-cv-06003-CRB

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(“In re HP”), as to which Plaintiff, as Objector – Appellant, is litigating a Ninth Circuit appeal

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(Case No. 15-16688);

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WHEREAS, the Court’s Order also provided that the Defendant Entities agree that the

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dismissal of this Action will have no affect upon the standing of Plaintiff to pursue his objections

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in In re HP or his appeal, Case No. 15-16688;

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WHEREAS, the Court’s Order also provided that the voluntary dismissal shall otherwise

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be without prejudice and that the Parties shall bear their own fees and costs in connection with

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the Action;

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WHEREAS, on March 8, 2016, the Defendant Entities filed Forms 8-K with the SEC,

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copies of which are attached hereto as Exhibit A and Exhibit B, and which were also made

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available on the Defendant Entities’ respective websites;

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Hewlett-Packard Company completed a separation into two independent companies on
October 31, 2015. As part of the separation, Hewlett-Packard Company was renamed HP Inc.,
and the enterprise technology business, including Autonomy, was transferred to Hewlett Packard
Enterprise Company. The nominal defendant is still HP Inc. The dismissal addressed herein
applies to both HP Inc. and Hewlett Packard Enterprise Company (collectively the “Defendant
Entities”).
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Joint Request for Dismissal of Action
Case No. 5:14-cv-00622-EJD

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WHEREAS, no shareholder has sought to intervene in the Action since the issuance of
the aforementioned notices,
THEREFORE, the Parties respectfully request that the Court issue an order dismissing

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the entire Action, on the terms provided for in the Court’s March 4, 2016 Order, with prejudice

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as to Plaintiff and Martha J. Copeland, except for this prejudicial bar shall not extend to the

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claims raised and released in In re Hewlett-Packard Company Shareholder Derivative Litigation,

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Case No. 3:12-cv-06003-CRB as to which Plaintiff, as Objector – Appellant, is litigating a Ninth

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Circuit appeal (Case No. 15-16688). The Parties respectfully request that this order regarding

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dismissal shall otherwise be without prejudice and with the Parties bearing their own fees and

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costs in connection with the Action.

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Respectfully submitted,

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Dated: April 8, 2016

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By:

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MORGAN, LEWIS & BOCKIUS LLP
MARC J. SONNENFELD
KAREN A. PIESLAK POHLMANN
1701 Market Street
Philadelphia, PA 19103-2921
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Nominal Defendant
HP Inc. (formerly known as Hewlett-Packard
Company)

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/s/ Steven M. Schatz
Steven M. Schatz

650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]

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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
STEVEN M. SCHATZ
KATHERINE L. HENDERSON
JESSICA L. SNORGRASS
BENJAMIN J. TOLMAN

Dated: April 8, 2016

SHEPHERD FINKELMAN MILLER &
SHAH LLP
KOLIN TANG (SBN 279834)
ROSE F. LUZON (SBN 221544)
By:
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Rose F. Luzon
Joint Request for Dismissal of Action
Case No. 5:14-cv-00622-EJD

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Rose F. Luzon

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401 West A Street, Suite 2550
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]

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SHEPHERD FINKELMAN MILLER &
SHAH LLP
SCOTT R. SHEPHERD
35 East State Street
Media, PA 19063
Telephone: [phone]
Facsimile: [phone]

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GREENFIELD & GOODMAN, LLC
RICHARD. D. GREENFIELD
MARGUERITE R. GOODMAN
ILENE F. BROOKLER
ANN M. CALDWELL

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250 Hudson Street, 8th Fl.
New York, NY 10013
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff A. J. Copeland and for
Martha J. Copeland

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, Katherine L. Henderson, am the ECF User whose identification and password are being

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used to file the JOINT REQUEST FOR DISMISSAL OF ACTION. In compliance with

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General Order 45.X.B, I hereby attest that each of the signatories above has concurred in this

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filing.

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Dated: April 8, 2016

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

By: /s/ Katherine L. Henderson
Katherine L. Henderson
Counsel for Nominal Defendant
HP Inc. (formerly known as Hewlett-Packard
Company)

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Joint Request for Dismissal of Action
Case No. 5:14-cv-00622-EJD

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

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Dated:

4/14

, 2016

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Hon. Edward J. Davila
United States District Judge
Northern District of California

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Joint Request for Dismissal of Action
Case No. 5:14-cv-00622-EJD