Beltran v. Terraform Global, Inc. et al

Filing 102

ORDER RE DISCOVERY DISPUTES AND BRIEFING SCHEDULE. Signed by Judge Beth Labson Freeman on 4/28/2016. (blflc1S, COURT STAFF) (Filed on 4/28/2016)

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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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JUAN M. RODRIGUEZ BELTRAN,
Individually and on Behalf of All Others
Similarly Situated,

Case No. 15-cv-04981-BLF

Plaintiff,
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v.
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United States District Court
Northern District of California

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TERRAFORM GLOBAL, INC., et al.,
Defendants.
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PYRAMID HOLDINGS, INC., Individually
and on Behalf of All Others Similarly
Situated,
Plaintiff,

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Case No. 15-cv-05068-BLF

v.
TERRAFORM GLOBAL, INC., et al.,
Defendants.

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ORDER RE DISCOVERY DISPUTES
AND BRIEFING SCHEDULE

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On April 11, 2016, the Court granted Pyramid Holdings, Inc.’s motion to conduct limited

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discovery regarding the ability of presumptive lead plaintiff, Furia Investment Fund, Ltd., to

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represent the putative class in this action brought under the Securities Act of 1933. The Court

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directed Pyramid and Furia to meet and confer regarding a proposed discovery plan. The parties

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were unable to agree on a number of issues and they have submitted competing discovery plans.

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Having reviewed the parties’ briefing, the Court orders as follows:

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(A)

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Furia and Emmanuel Hermann shall respond to Pyramid’s First Set of Requests for the

Scope of Document Production:

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Production of Documents, Exhibit A to the Declaration of Ian D. Berg, as modified by the Court

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below. The relevant time period for all documents is April 1, 2015 through the date of production:

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(1)

Document Request 1, unmodified.

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(2)

Document Request 2, unmodified.

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(3)

Document Request 3, modified as follows:

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Documents sufficient to show any separation, employment, resignation,

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consulting, confidentiality or other agreement or business relationship that you

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have with BTG Pactual, including any agreement concerning Furia’s investments in

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TerraForm and any agreement or other business relationship between BTG Pactual

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and Furia, Fundo de Investimento Multimercado Credito Privado Furia

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Investimento No Exterior, or Leste Group. This request is without regard to the
Relevant Time Period.

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United States District Court
Northern District of California

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(4)

Document Request 4, modified as follows:
No response is required.

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(B)

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Furia and Mr. Hermann shall produce the required documents on or before May 13, 2016

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Deadline for Document Production

or 7 days prior to the scheduled deposition of Mr. Hermann, whichever is earlier.
Mr. Hermann’s Deposition

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(C)

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Mr. Hermann has agreed to be deposed in Miami, Florida, between May 17, 2016 and June

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10, 2016. The Court denies Pyramid’s request to order the deposition to occur at a different

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location or time. However, Furia and Mr. Hermann shall give Pyramid at least 7 days advance

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notice of the deposition date, and all document production must be completed at least 7 days

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before the deposition date. The deposition shall last a maximum of 4 hours.

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(D)

Further Briefing Re Lead Plaintiff/Lead Counsel Motion

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Within 10 days after Mr. Hermann’s deposition, the parties shall submit supplemental

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briefs on the Lead Plaintiff/Lead Counsel motion, not to exceed 10 pages each. Within 5 days

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thereafter, the parties may submit reply briefs, not exceed 5 pages each.

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Dated: April 28, 2016

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______________________________________
BETH LABSON FREEMAN
United States District Judge
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