Yuan v. Facebook, Inc. et al

Filing 120

STIPULATION AND ORDER TO CHANGE TIME TO FILE AMENDED COMPLAINT PURSUANT TO CIVIL LOCAL RULE 6-2 AND ESTABLISHING BRIEFING SCHEDULE FOR RULE 12 MOTIONS OR TO ANSWER AMENDED COMPLAINT. Hearing on anticipated motion(s) to dismiss tentatively set for 5/21/2020 at 9:00 a.m. Signed by Judge Edward J. Davila on 10/3/2019. (ejdlc3S, COURT STAFF) (Filed on 10/3/2019)

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6 ROBBINS GELLER RUDMAN & DOWD LLP DENNIS J. HERMAN (220163) JASON C. DAVIS (253370) KENNETH J. BLACK (291871) One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: 415/288-4545 415/288-4534 (fax) dherman@rgrdlaw.com jdavis@rgrdlaw.com kennyb@rgrdlaw.com 7 Co-Lead Counsel for the Class 8 [Additional counsel appear on signature page] 1 2 3 4 5 BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP JOHN C. BROWNE JEREMY P. ROBINSON KATE W. AUFSES 1251 Avenue of the Americas New York, NY 10020 Telephone: 212/554-1400 212/554-1444 (fax) johnb@blbglaw.com jeremy@blbglaw.com kate.aufses@blbglaw.com 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 In re FACEBOOK, INC. SECURITIES LITIGATION 14 This Document Relates To: 15 ALL ACTIONS. 16 17 18 ) ) ) ) ) ) ) ) ) ) ) ) Master File No. 5:18-cv-01725-EJD CLASS ACTION STIPULATED REQUEST AND [PROPOSED] ORDER TO CHANGE TIME TO FILE AMENDED COMPLAINT PURSUANT TO CIVIL LOCAL RULE 6-2 AND ESTABLISHING BRIEFING SCHEDULE FOR RULE 12 MOTIONS OR TO ANSWER AMENDED COMPLAINT 19 20 Pursuant to Local Rule 6-2, Lead Plaintiffs Amalgamated Bank, as Trustee for the LV 21 LargeCap 1000 Growth Index Fund, LongView Quantitative LargeCap Fund, and LongView 22 Quant LargeCap Equity VEBA Fund, and Public Employees’ Retirement System of Mississippi 23 24 (collectively, “Plaintiffs”) and Defendants Facebook, Inc., Mark E. Zuckerberg, David M. Wehner, and Sheryl K. Sandberg (“Defendants”), by and through their undersigned counsel, 25 26 hereby stipulate and agree to the following: 27 28 STIPULATED REQUEST AND [PROPOSED] ORDER TO CHANGE TIME TO FILE AMENDED COMPLAINT AND ESTABLISHING SCHEDULE NO. 5:18-CV-01725-EJD 1 2 3 4 5 6 WHEREAS, on September 25, 2019, this Court entered an order granting Defendants’ motion to dismiss the consolidated class action complaint (ECF No. 118); WHEREAS, this Court set a deadline of October 26, 2019 for Plaintiffs to file an amended complaint (ECF No. 118); WHEREAS, in light of multiple scheduling conflicts faced by Co-Lead Counsel for Plaintiffs, Plaintiffs requested Defendants’ consent to a short extension of the deadline to file an 7 8 9 10 amended complaint to November 15, 2019; WHEREAS, Defendants consented to Plaintiffs’ requested extension; WHEREAS, good cause exists for the requested extension given the parties’ agreement 11 on the requested extension; scheduling conflicts faced by Co-Lead Counsel for Plaintiffs, 12 including preexisting commitments and deadlines faced in other matters; and because no other 13 case deadlines will be affected by this short extension; 14 WHEREAS, this is the first request to extend the time for Plaintiffs to file and serve an 15 16 17 amended complaint; and WHEREAS, the Parties have met and conferred and agreed to the schedule set forth 18 below for filing the consolidated complaint and responding to any motion directed at the 19 pleading. 20 21 THEREFORE, IT IS HEREBY AGREED TO AND STIPULATED BY THE PARTIES, SUBJECT TO THE COURT’S APPROVAL: 22 23 1. Plaintiffs shall file and serve a first amended complaint (the “FAC”) on November 15, 2019; 24 2. Defendants shall file and serve their response to the FAC on or before January 15, 2020; 25 26 27 28 3. If Defendants respond by moving to dismiss the FAC, Plaintiffs shall file and serve their opposition papers on or before March 16, 2020; 4. Defendants shall file a reply in further support of their motion to dismiss on or before April 24, 2020; and -2STIPULATED REQUEST AND [PROPOSED] ORDER TO CHANGE TIME TO FILE AMENDED COMPLAINT AND ESTABLISHING SCHEDULE NO. 5:18-CV-01725-EJD 1 2 5. The parties expressly reserve all of their claims, rights, defenses, and arguments, and, by entering into this stipulation, in no way waive or intend to waive any claims, rights, defenses, or arguments they may wish to exercise or assert in this action or any separate action. 3 IT IS SO STIPULATED. 4 DATED: October 2, 2019 ROBBINS GELLER RUDMAN & DOWD LLP DENNIS J. HERMAN JASON C. DAVIS KENNETH J. BLACK 5 6 7 /s/ Dennis J. Herman DENNIS J. HERMAN 8 9 One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: 415/288-4545 415/288-4534 (fax) 10 11 Counsel for Amalgamated and Co-Lead Counsel for the Class 12 13 BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP JOHN C. BROWNE JEREMY P. ROBINSON KATE W. AUFSES 14 15 16 /s/ John C. Browne JOHN C. BROWNE 17 1251 Avenue of the Americas New York, NY 10020 Telephone: 212/554-1400 212/554-1444 (fax) 18 19 20 Counsel for Mississippi and Co-Lead Counsel for the Class 21 PIERCE BAINBRIDGE BECK PRICE & HECHT LLP DAVID L. HECHT YI WEN WU 20 West 23rd Street, Fifth Floor New York, NY 10010 Telephone: 213/262-9333 22 23 24 25 Counsel for Helms and Additional Counsel for the Class 26 27 28 -3STIPULATED REQUEST AND [PROPOSED] ORDER TO CHANGE TIME TO FILE AMENDED COMPLAINT AND ESTABLISHING SCHEDULE NO. 5:18-CV-01725-EJD 1 POMERANTZ LLP JEREMEY A. LIEBERMAN J. ALEXANDER HOOD II 600 Third Avenue, 20th Floor New York, NY 10016 Telephone: 212/661-1100 212/661-8665 (fax) Counsel for Kacouris and Additional Counsel for the Class 2 3 4 5 6 DATED: October 2, 2019 GIBSON, DUNN & CRUTCHER LLP 7 8 ** /s/ Orin Snyder ORIN SNYDER 9 200 Park Avenue New York, NY 10166 Telephone: 212/351-4000 212/351-4035 (fax) 10 11 12 Attorneys for Defendants Facebook, Inc., Mark E. Zuckerberg, Sheryl K. Sandberg, and David M. Wehner 13 14 ** Pursuant to Civ. L.R. 5-1(i)(3), the electronic filer has obtained approval from this signatory. 15 16 17 CERTIFICATE PURSUANT TO LOCAL RULE 5-1(i)(3) I, John C. Browne, am the ECF User whose identification and password are being used to 18 19 20 21 22 23 file this document. Pursuant to Local Rule 5-1(i)(3), I attest that concurrence in the filing of the document has been obtained from each of the other signatories. * * * [PROPOSED] ORDER GRANTING STIPULATION Pursuant to stipulation and for good cause shown, IT IS SO ORDERED. 24 A hearing on the anticipated motion to dismiss is tentatively set for May 21, 2020 at 9:00 a.m. ____________________________________ October 3, 2019 25 DATED: ______________________ THE HONORABLE EDWARD J. DAVILA UNITED STATES DISTRICT JUDGE 26 27 28 -4STIPULATED REQUEST AND [PROPOSED] ORDER TO CHANGE TIME TO FILE AMENDED COMPLAINT AND ESTABLISHING SCHEDULE NO. 5:18-CV-01725-EJD 1 CERTIFICATE OF SERVICE 2 I, John C. Browne, declare as follows: 3 I am employed in the County of New York, State of New York, I am over the age of 4 eighteen years and am not a party to this action; my business address is 1251 Avenue of the 5 Americas, 44th Floor, New York, NY 10020, in said County and State. 6 I hereby certify that on October 2, 2019, the foregoing STIPULATED REQUEST AND 7 [PROPOSED] ORDER TO CHANGE TIME TO FILE AMENDED COMPLAINT 8 PURSUANT TO CIVIL LOCAL RULE 6-2 AND ESTABLISHING BRIEFING 9 SCHEDULE FOR RULE 12 MOTIONS OR TO ANSWER AMENDED COMPLAINT 10 was filed with the Clerk of the Court via CM/ECF. Notice of this filing will be sent electronically 11 to all registered parties by operation of the Court’s electronic filing systems. 12 13 Dated: October 2, 2019 /s/ John C. Browne John C. Browne 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5STIPULATED REQUEST AND [PROPOSED] ORDER TO CHANGE TIME TO FILE AMENDED COMPLAINT AND ESTABLISHING SCHEDULE NO. 5:18-CV-01725-EJD

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