Chen v. Illumina, Inc., et al.

Filing 19

ORDER granting 5 Motion of Natissisa Enterprises Ltd. for Appointment of Lead Plaintiff and ; granting 5 Motion to Consolidate with Member Case 17-cv-00053-L-MDD. Signed by Judge M. James Lorenz on 3/30/2017. (sjt)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 YI FAN CHEN, and FRONTLINE GLOBAL TRADING PTE. LTD., Individually and on Behalf of All Others Similarly Situated, 14 15 16 17 18 19 20 Plaintiffs, v. ILLUMINA, INC., FRANCIS A. DESOUZA, and MARC A. STAPLEY, Defendants. JAMES MCLEOD, Individually and on Behalf of All Others Similarly Situated, 21 22 Plaintiff, vs. 23 24 ILLUMINA, INC., FRANCIS A. DESOUZA, and MARC A. STAPLEY, 25 26 27 28 Defendants. No. 3:16-cv-03044-L-MDD ORDER GRANTING MOTION OF NATISSISA ENTERPRISES LTD. FOR CONSOLIDATION OF THE ACTIONS, APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF COUNSEL No. 3:17-cv-00053-L-MDD 1 Having considered the papers filed in support of the Motion of class member 2 Natissisa Enterprises Ltd. (“Movant”) for Consolidation of the Actions, 3 Appointment as Lead Plaintiff, and Approval of Selection of Counsel pursuant to 4 the Private Securities Litigation Reform Act of 1995 (the “PSLRA”), 15 U.S.C. § 5 78u-4(a)(3)(B), and for good cause shown, the Court hereby ORDERS as follows: 6 I. 7 CONSOLIDATION OF RELATED ACTIONS 1. The above-captioned securities fraud class actions (the “Actions”) 8 pending in this Judicial District are hereby consolidated for all purposes pursuant 9 to Rule 42(a) of the Federal Rules of Civil Procedure. 10 2. A Master File is hereby established for the consolidated proceedings 11 in the Consolidated Action. The docket number for the Master File shall be Master 12 File No. 3:16-cv-03044-L-MDD. The original of this Order shall be filed by the 13 Clerk in the Master File. The Clerk shall mail a copy of this Order to counsel of 14 record in each of the above-captioned actions. 15 16 3. Every pleading filed in the Consolidated Action shall bear the following caption: 17 18 19 IN RE ILLUMINA, INC. SECURITIES LITIGATION Master File No. 3:16-cv-03044-LMDD 20 21 22 23 24 II. APPOINTMENT OF LEAD PLAINTIFF AND COUNSEL 4. Movant has moved this Court to be appointed as Lead Plaintiff in the Actions and to approve the counsel he retained to be Lead Counsel. 5. Having considered the provisions of Section 21D(a)(3)(B) of the 25 PSLRA, 15 U.S.C. § 78u-4(a)(3)(B), the Court hereby determines that Movant is 26 the most adequate plaintiff and satisfies the requirements of the PSLRA. The Court 27 hereby appoints Movant as Lead Plaintiff to represent the interests of the class. 28 6. Pursuant to Section 21D(a)(3)(B)(v) of the PSLRA, 15 U.S.C. § 78u- 4(a)(3)(B)(v), Movant has selected and retained the law firm of Levi & Korsinsky 2 1 LLP to serve as Lead Counsel. The Court approves Movant’s selection of Lead 2 Counsel. 3 7. Lead Counsel shall have the following responsibilities and duties, to 4 be carried out either personally or through counsel whom Lead Counsel shall 5 designate: 6 a. to coordinate the briefing and argument of any and all motions; 7 b. to coordinate the conduct of any and all discovery proceedings; 8 c. to coordinate the examination of any and all witnesses in d. to coordinate the selection of counsel to act as spokesperson at 9 depositions; 10 11 all pretrial conferences; 12 13 e. and appropriate from time to time; 14 15 to call meetings of the plaintiffs’ counsel as he deems necessary f. to coordinate all settlement negotiations with counsel for g. to coordinate and direct the pretrial discovery proceedings and defendants; 16 17 the preparation for trial and the trial of this matter, and to delegate work 18 responsibilities to selected counsel as may be required; 19 h. to coordinate the preparation and filings of all pleadings; and 20 i. to supervise all other matters concerning the prosecution or 21 resolution of the claims asserted in the Consolidated Action. 22 23 24 III. NEWLY FILED OR TRANSFERRED ACTIONS 8. The Court requests the assistance of counsel in calling to the attention 25 of the Clerk of this Court the filing or transfer of any case that may properly be 26 consolidated as part of this action. When a case that arises out of the subject matter 27 of this action is hereinafter filed in this Court or transferred from another Court, the 28 Clerk of this Court shall: 3 1 a. file a copy of this Order in the separate file for such action; 2 b. mail a copy of this Order to the attorneys for the plaintiff(s) in 3 the newly filed or transferred case and to any new defendant(s) in the newly filed 4 or transferred case; and 5 6 c. 9. make the appropriate entry on the docket for this action. Each new case that arises out of the subject matter of the action that is 7 filed in this Court or transferred to this Court shall be consolidated with the 8 Consolidated Action and this Order shall apply thereto, unless a party objecting to 9 this Order or any provision of this Order shall, within ten (10) days after the date 10 upon which a copy of this Order is served on counsel for such party, file an 11 application for relief from this Order or any provision herein and this Court deems 12 it appropriate to grant such application. 13 10. During the pendency of this litigation, or until further order of this 14 Court, the parties shall take reasonable steps to preserve all documents within their 15 possession, custody or control, including computer-generated and stored 16 information and materials such as computerized data and electronic mail, containing 17 information that is relevant to or which may lead to the discovery of information 18 relevant to the subject matter of the pending litigation. 19 20 IT IS SO ORDERED. 21 Dated: March 30, 2017 22 23 24 25 26 27 28 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?