Welgus v. Trinet Group, Inc. et al
Filing
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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)
richard.gallagher@ropesgray.com
ANNE JOHNSON PALMER (CSB # 302235)
anne.johnsonpalmer@ropesgray.com
MATTHEW A. TOLVE (CSB # 267334)
matthew.tolve@ropesgray.com
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
Tel: (415) 315-6300
Fax: (415) 315-6350
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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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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//
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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
shawnw@rgrdlaw.com
ROBBINS GELLER RUDMAN
& DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Tel: (415) 288-4545
Fax: (415) 288-4534
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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)
richard.gallagher@ropesgray.com
ANNE JOHNSON PALMER (CSB # 302235)
anne.johnsonpalmer@ropesgray.com
MATTHEW A. TOLVE (CSB # 267334)
matthew.tolve@ropesgray.com
ROPES & GRAY LLP
Three Embarcadero Center
San Francisco, CA 94111-4006
Tel: (415) 315-6300
Fax: (415) 315-6350
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
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