Steven Taormina v. Annie's, Inc. et al

Filing 25

STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE, RESET RELATED DEADLINES, AND EXTEND DEFENDANTS' TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT (approving 22 ). Signed by Judge Beth Labson Freeman on 8/25/2014. (blflc1, COURT STAFF) (Filed on 8/25/2014)

LIONEL Z. GLANCY (#134180)
1 MICHAEL GOLDBERG (#188669)
2 ROBERT V. PRONGAY (#270796)
ELAINE CHANG (#293937)
3 GLANCY BINKOW & GOLDBERG LLP
1925 Century Park East, Suite 2100
4 Los Angeles, California 90067
5 Telephone: [phone]
Facsimile:
[phone]
6 E-mail:
[e-mail]
7 Attorneys for Plaintiff Steven Taormina
8 [Additional Counsel on Signature Page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN TAORMINA, Individually and on
Behalf of All Others Similarly Situated,

CLASS ACTION
Plaintiff,

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Case No. 5:14-cv-02711-BLF

v.
ANNIE’S, INC., JOHN M. FORAKER,
KELLY J. KENNEDY, and ZAHIR M.
IBRAHIM,

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STIPULATION AND [PROPOSED]
ORDER TO CONTINUE THE INITIAL
CASE MANAGEMENT CONFERENCE,
RESET RELATED DEADLINES , AND
EXTEND DEFENDANT’S TIME TO
ANSWER OR OTHERWISE RESPOND
TO THE COMPLAINT

Defendants.

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[CIVIL L.R. 16-2, 7-12]

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Current CMC Date: November 20, 2014
Time: 1:30 PM
Judge: Hon. Beth L. Freeman

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288880.1 ANNIES

STIPULATION AND [PROPOSED] ORDER
Case No. 5:14-cv-02711-BLF

Pursuant to Civil Local Rules 16-2 and 7-12, Plaintiff Steven Taormina (“Taormina” or

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2 “Plaintiff”) and defendants Annie’s, Inc., John M. Foraker, Kelly J. Kennedy, and Zahir M.
3 Ibrahim (collectively, “Defendants”), hereby agree and stipulate that good cause exists to request
4 an order from the Court extending Defendants’ time to respond to the complaint and
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rescheduling the Initial Case Management Conferences currently set for November 20, 2014,

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pursuant to this Court’s June 11, 2014 Order Setting Initial Case Management Conference and

8 ADR Deadlines (Dkt. #6), and to adjust accordingly the related deadlines set forth therein.
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RECITALS

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WHEREAS, on June 11, 2014, Plaintiff Taormina filed a putative class action complaint,
captioned Taormina v. Annie’s, Inc. et al., Case No. 14-cv-02711-BLF (the “Taormina Action”),

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against Defendants for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of

14 1934;
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WHEREAS, on June 11, 2014, Plaintiff Taormina provided notice to the putative class,

16 and the sixty day deadline to file motions for consolidation of the related actions, appointment of
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lead plaintiff and approval of selection of lead counsel and liaison counsel has not yet passed;

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WHEREAS, on June 30, 2014, a similar putative class action complaint was filed by

20 Donna L. Weiss in this Court asserting the same or substantially similar claims against
21 Defendants, captioned Weiss v. Annie’s, Inc. et al., Case No. 14-cv-03001-BLF (the “Weiss
22 Action”);
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WHEREAS, on August 1, 2014, the parties filed an administrative motion to relate the

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Taormina Action and the Weiss Action pursuant to Northern District of California Civil Local

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288880.1 ANNIES

STIPULATION AND [PROPOSED] ORDER
Case No. 5:14-cv-02711-BLF
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Rule 3-12(a) because these actions involve substantially the same parties and events and are class

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2 actions brought against the same Defendants under the federal securities laws ;

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WHEREAS, under the Private Securities Litigation Reform Act of 1995 (“PSLRA”),

4 when a putative class action alleging securities fraud is filed, a process must be followed
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whereby the plaintiff gives notice to the putative class, there is a sixty (60) day deadline for

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motion(s) for appointment of lead plaintiff to be filed, and the Court appoints lead plaintiff(s)

8 and approves the selection of lead counsel. 15 U.S.C. § 78u-4(a);
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WHEREAS, on August 11, 2014, three purported shareholders filed motions to be

10 appointed lead plaintiff and to consolidate the actions;
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WHEREAS, Plaintiff Taormina anticipates that the actions will be consolidated and that

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the lead plaintiff will accordingly need to file a consolidated amended complaint;
WHEREAS, the parties believe that, in order to avoid the needless waste of the Court’s

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15 and the parties’ resources, it would be prudent to defer the initial case management conference
16 and related deadlines until a lead plaintiff has been appointed, the lead plaintiff’s selection of
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lead counsel has been approved, the lead plaintiff has filed a consolidated amended complaint,

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Defendants have had the opportunity to file any motion to dismiss, and the Court has ruled on

20 Defendants’ anticipated motion to dismiss; and
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties

22 hereto, through their undersigned counsel, as follows:
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1.

Defendants need not answer, move or otherwise respond to the Complaint in this

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action or any related, subsequently filed actions transferred to this Court until a date to be set
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The administrative motion to relate also included a derivative action entitled Anna H. Goodman
v. John M. Foraker, et al., Case No. 14-cv-02760-NC (the “Goodman Derivative Action”). The
27 parties do not anticipate that the “Goodman Derivative Action” will be consolidated with the
“Taormina Action” or the “Weiss Action.”
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288880.1 ANNIES

STIPULATION AND [PROPOSED] ORDER
Case No. 5:14-cv-02711-BLF
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following the appointment of a lead plaintiff pursuant to 15 U.S.C. §78u-4(a)(3)(B) and the filing

2 by such lead plaintiff of a consolidated amended complaint.
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2.

Within forty-five (45) days from the date that the Court appoints lead plaintiff(s)

4 and lead counsel pursuant to 15 U.S.C. § 78u-4(3)(B), such lead plaintiff(s) shall file an amended
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consolidated complaint (“Amended Complaint”).

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3.

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Within forty-five (45) days from the date that an Amended Complaint is filed by

8 the Court-appointed lead plaintiff(s), Defendants shall file a motion to dismiss, answer, or other
9 response to such Amended Complaint.
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4.

In the event the Defendants file a motion to dismiss the Amended Complaint, lead

plaintiff(s) shall have 45 days from filing of such motion in which to file papers in opposition to

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the motion. Defendants shall have 30 days from the filing of lead plaintiff’s opposition papers in

14 which to file reply papers.
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5.

The case management conference presently scheduled in the Taormina Action for

16 November 20, 2014, along with any associated deadlines under the Federal Rules of Civil
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Procedure and Local Rules (including ADR deadlines), shall be vacated, and reset to a date after

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the Court rules on Defendants’ anticipated motion to dismiss the Amended Complaint.
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This Stipulation is entered into without prejudice to any party seeking any interim

7.

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Nothing in this Stipulation shall be construed as a waiver of any of Defendants’

21 relief.
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rights or positions in law or equity, or as a waiver of any defenses that Defendants would

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otherwise have, including, without limitation, jurisdictional defenses.

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8.

The Parties have not sought any other extensions of time in this action.

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9.

The Parties do not seek to reset these dates for the purpose of delay, and the

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288880.1 ANNIES

STIPULATION AND [PROPOSED] ORDER
Case No. 5:14-cv-02711-BLF
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proposed new dates will not have an effect on any pre-trial and trial dates as the Court has yet to

2 schedule these dates.
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WHEREFORE, the Parties respectfully request that this Court issue an order granting the

4 parties’ request to reset the Initial Case Management Conference and related deadlines as set
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forth in the following [Proposed] Order.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

8 DATED: August 18, 2014

GLANCY BINKOW & GOLDBERG LLP

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By: s/ Robert V. Prongay
Lionel Z. Glancy
Michael Goldberg
Robert V. Prongay
Elaine Chang
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]

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LAW OFFICES OF HOWARD G. SMITH
Howard G. Smith
3070 Bristol Pike, Suite 112
Bensalem, PA 19020
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Steven Taormina
DATED: August 18, 2014

COOLEY LLP

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By: s/ Shannon M. Eagan
John C. Dwyer
Shannon M. Eagan
Jeffrey M. Kaban
Meaghan Banks-Innes
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants

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288880.1 ANNIES

STIPULATION AND [PROPOSED] ORDER
Case No. 5:14-cv-02711-BLF
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ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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7 DATED: _____________
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______________________________________
Hon. Beth L. Freeman
United States District Court Judge

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288880.1 ANNIES

STIPULATION AND [PROPOSED] ORDER
Case No. 5:14-cv-02711-BLF
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PROOF OF SERVICE VIA ELECTRONIC POSTING PURSUANT TO NORTHERN
DISTRICT OF CALIFORNIA LOCAL RULES AND LOCAL CIVIL RULE 5-1

I, the undersigned, say:
I am a citizen of the United States and am over the age of 18 and not a party to the within
action. My business address is 1925 Century Park East, Suite 2100, Los Angeles, California 90067.
On August 18, 2014, I served the following document:
STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE
MANAGEMENT CONFERENCE, RESET RELATED DEADLINES , AND EXTEND
DEFENDANT’S TIME TO ANSWER OR OTHERWISE RESPOND TO THE
COMPLAINT
By posting the document to the ECF Website of the United States District Court for the
Northern District of California, for receipt electronically by the parties as listed on the attached
Court’s ECF Service List.
And on any non-ECF registered parties:
By U.S. Mail: By placing true and correct copies thereof in individual sealed envelope: with
postage thereon fully prepaid, which I deposited with my employer for collection and mailing by the
United States Postal Service. I am readily familiar with my employer’s practice for the collection
and processing of correspondence or mailing with the United States Postal Service. In the ordinary
course of business, this correspondence would be deposited by my employer with the United States
Postal Service that same day.
I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on August 18, 2014, at Los Angeles, California.

s/ Robert V. Prongay
Robert V. Prongay

288878.1 ANNIES

CAND-ECF-

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Meaghan Banks-Innes
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Elaine Chang
[e-mail]
John C. Dwyer
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Shannon Marie Eagan , Esq
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Lionel Z. Glancy
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Michael M. Goldberg
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Jeffrey Michael Kaban
[e-mail],[e-mail]
Robert Vincent Prongay
[e-mail],[e-mail],[e-mail]
Mark Punzalan
[e-mail],[e-mail]
Laurence M. Rosen
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[e-mail]

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8/18/2014 3:12 PM