Welgus v. Trinet Group, Inc. et al

Filing 16

ORDER APPROVING, IN PART, 15 STIPULATION CONCERNING SCHEDULING OF PLAINTIFF'S AMENDED COMPLAINT, DEFENDANTS' RESPONSE THERETO, AND INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference continued to 4/21/2016 11:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Hon. Beth Labson Freeman on 9/1/2015. (blflc2S, COURT STAFF) (Filed on 9/1/2015)

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RICHARD L. GALLAGHER (CSB # 208714)
[e-mail]
ANNE JOHNSON PALMER (CSB # 302235)
[e-mail]
MATTHEW A. TOLVE (CSB # 267334)
[e-mail]
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
Tel: [phone]
Fax: [phone]
Attorneys for Defendants

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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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HOWARD WELGUS, Individually and
on Behalf of All Others Similarly Situated,
Plaintiff,

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v.
TRINET GROUP, INC., BURTON M.
GOLDFIELD and WILLIAM PORTER
Defendants.

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Case No. 5:15-cv-03625-BLF
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER CONCERNING SCHEDULING
OF PLAINTIFF’S AMENDED
COMPLAINT, DEFENDANTS’
RESPONSE THERETO, AND INITIAL
CASE MANAGEMENT CONFERENCE

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:15-cv-03625-BLF
52500639_1

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Pursuant to Civil Local Rules 16-2 and 7-12, Plaintiff Howard Welgus and Defendants

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TriNet Group, Inc., Burton Goldfield, and William Porter hereby agree and stipulate that good

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cause exists to request an order from the Court extending Defendants’ time to respond to the

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complaint, rescheduling the Initial Case Management Conference currently set for December

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10, 2015 pursuant to this Court’s August 7, 2015 Order Setting Initial Case Management

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Conference and ADR Deadlines (Dkt. 5), and adjusting the related deadlines set forth therein.

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RECITALS

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WHEREAS, the above-captioned putative federal securities class action was filed on
August 7, 2015 by Plaintiff Howard Welgus, individually and on behalf of all others similarly

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situated, against Defendants TriNet Group, Inc. (“TriNet”), Burton Goldfield, and William

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Porter;

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WHEREAS, Defendants have been served with the summons and complaint in this
action or, in the case of Defendant Goldfield, agreed to waive service of the summons;
WHEREAS, because the claims in this action arise under the Securities Exchange Act of

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1934 (“Exchange Act”) (i.e., Chapter 2B of title 15, U.S.C.) and this action “is brought as a

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plaintiff class action pursuant to the federal Rules of Civil Procedure” (15 U.S.C. § 78u4(a)(1)),

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Section 21D of the Exchange Act (15 U.S.C. § 78u-4) applies, including its provisions

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governing the appointment of the lead plaintiff and its counsel, which are set forth in Section

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21D(a)(3);

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WHEREAS, Title 15, Section 78u-4(a)(3)(A)-(B), of the United States Code provides

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that (i) not later than twenty (20) days after the date on which the first complaint is filed the

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plaintiff shall publish a notice advising members of the purported plaintiff class “of the

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pendency of the action, the claims asserted therein, and the purported class period”; (ii) not later

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than sixty (60) days after the date on which the notice is published any member of the purported

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class may move the court to serve as lead plaintiff; and (iii) not later than ninety (90) days after

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the date on which a notice is published the Court shall appoint the “most adequate plaintiff” as

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lead plaintiff for the class;

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:15-cv-03625-BLF
52500639_1

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WHEREAS, on August 7, 2015, counsel for Plaintiff caused such notice to be published,

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pursuant to 15 U.S.C. § 78u-4(a)(3)(A)(i)(I-II), which noticed was subsequently filed with the

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Court on August 24, 2015, see Dkt. No. 7;

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WHEREAS, any member of the putative class may move the Court to serve as lead

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plaintiff no later than October 6, 2015, pursuant to 15 U.S.C. § 78u-4(a)(3)(A)-(B) and Civil

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L.R. 23-1(b);

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WHEREAS, pursuant to the Court’s August 7, 2015 Order Setting Initial Case

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Management Conference and ADR Deadlines, an initial case management conference is

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scheduled for December 10, 2015, and associated deadlines have been scheduled pertaining to

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the submission of a Rule 26(f) report and joint case management statement, and to certain ADR

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requirements, in accord with the Federal Rules of Civil Procedure and the Court’s local rules;

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WHEREAS, in order to avoid the unnecessary expenditure of effort by the parties and

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the Court prior to the appointment of lead plaintiff and the filing of an amended complaint, the

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parties have agreed, subject to the Court’s approval, below;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT:

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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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following the appointment of a lead plaintiff pursuant to 15 U.S.C. § 78u-4(a)(3)(B) and

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following the filing by such lead plaintiff of a consolidated amended complaint;

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2.

Within sixty (60) days from the date the Court appointments lead plaintiff(s) and

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lead counsel pursuant to 15 U.S.C. § 78u-4(3)(B), such lead plaintiff(s) shall file an

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consolidated amended complaint (the “Amended Complaint”);

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3.

Within sixty (60) days from the date that an Amended Complaint is filed and

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served by the Court-appointed lead plaintiff(s), Defendants shall file and serve a motion to

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dismiss, answer, or other response to such Amended Complaint;

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:15-CV-03625-BLF

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4.

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

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lead plaintiff(s) shall have sixty (60) days from the filing and service of such motion to file and

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serve papers in opposition to the motion;

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Defendants shall have thirty (30) days from the filing and service of lead

plaintiff(s)’ opposition papers to file reply papers;

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6.

The case management conference presently scheduled for December 10, 2015,

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along with any associated deadlines under the Federal Rules of Civil Procedure and Local Rules

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(including ADR deadlines), shall be vacated and reset to a date after the Court rules on

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Defendants’ anticipated motion to dismiss the Amended Complaint;

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7.

This Stipulation is entered into without prejudice to any party seeking any

interim relief;

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8.

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

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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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9.

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

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10.

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

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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

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schedule these dates; and

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11.

The parties seek the Court’s approval of this Order on the basis that it would be

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an inefficient use of the Court’s time to consider motions to dismiss and joint case management

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statements and hear case management conferences prior to resolution of lead-plaintiff motions,

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the filing of an amended complaint, and the resolution of Defendants’ anticipated motion to

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dismiss.

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//

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//

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//

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:15-CV-03625-BLF

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SO STIPULATED AND AGREED TO BY:

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August 31, 2015

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/s/ Shawn A. Williams
Shawn A. Williams
Shawn A. Williams, SBN 213113
[e-mail]
ROBBINS GELLER RUDMAN
& DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff

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August 31, 2015

/s/ Richard L. Gallagher
Richard L. Gallagher

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RICHARD L. GALLAGHER (CSB # 208714)
[e-mail]
ANNE JOHNSON PALMER (CSB # 302235)
[e-mail]
MATTHEW A. TOLVE (CSB # 267334)
[e-mail]
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
Tel: [phone]
Fax: [phone]
Attorneys for Defendants

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:15-CV-03625-BLF

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, the parties’ proposed schedule is adopted with one

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exception: the December 10, 2015 Initial Case Management Conference in this case is

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HEREBY CONTINUED to April 21, 2016 at 11:00 a.m. in Courtroom 3, 5th Floor, San Jose.

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The parties may stipulate to a further continuance of the Initial Case Management Conference in

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the event that Defendants have not answered the complaint by that date.

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IT IS SO ORDERED.
DATED: September 1, 2015

_________________________________________
THE HONORABLE BETH LABSON FREEMAN
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER
Case No. 5:15-CV-03625-BLF