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)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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YI FAN CHEN, and FRONTLINE
GLOBAL TRADING PTE. LTD.,
Individually and on Behalf of All
Others Similarly Situated,

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Plaintiffs,
v.
ILLUMINA, INC., FRANCIS A.
DESOUZA, and MARC A.
STAPLEY,
Defendants.
JAMES MCLEOD, Individually and on
Behalf of All Others Similarly Situated,

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Plaintiff,
vs.

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ILLUMINA, INC., FRANCIS A.
DESOUZA, and MARC A. STAPLEY,

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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

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Having considered the papers filed in support of the Motion of class member

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Natissisa Enterprises Ltd. (“Movant”) for Consolidation of the Actions,

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Appointment as Lead Plaintiff, and Approval of Selection of Counsel pursuant to

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the Private Securities Litigation Reform Act of 1995 (the “PSLRA”), 15 U.S.C. §

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78u-4(a)(3)(B), and for good cause shown, the Court hereby ORDERS as follows:

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I.

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CONSOLIDATION OF RELATED ACTIONS
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The above-captioned securities fraud class actions (the “Actions”)

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pending in this Judicial District are hereby consolidated for all purposes pursuant

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to Rule 42(a) of the Federal Rules of Civil Procedure.

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2.

A Master File is hereby established for the consolidated proceedings

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in the Consolidated Action. The docket number for the Master File shall be Master

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File No. 3:16-cv-03044-L-MDD. The original of this Order shall be filed by the

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Clerk in the Master File. The Clerk shall mail a copy of this Order to counsel of

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record in each of the above-captioned actions.

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3.

Every pleading filed in the Consolidated Action shall bear the

following caption:

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IN RE ILLUMINA, INC.
SECURITIES LITIGATION

Master File No. 3:16-cv-03044-LMDD

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II.

APPOINTMENT OF LEAD PLAINTIFF AND COUNSEL
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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.
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Having considered the provisions of Section 21D(a)(3)(B) of the

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PSLRA, 15 U.S.C. § 78u-4(a)(3)(B), the Court hereby determines that Movant is

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the most adequate plaintiff and satisfies the requirements of the PSLRA. The Court

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hereby appoints Movant as Lead Plaintiff to represent the interests of the class.

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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
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LLP to serve as Lead Counsel. The Court approves Movant’s selection of Lead

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Counsel.

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Lead Counsel shall have the following responsibilities and duties, to

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be carried out either personally or through counsel whom Lead Counsel shall

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designate:

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a.

to coordinate the briefing and argument of any and all motions;

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b.

to coordinate the conduct of any and all discovery proceedings;

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c.

to coordinate the examination of any and all witnesses in

d.

to coordinate the selection of counsel to act as spokesperson at

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depositions;

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all pretrial conferences;

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e.

and appropriate from time to time;

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to call meetings of the plaintiffs’ counsel as he deems necessary

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to coordinate all settlement negotiations with counsel for

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to coordinate and direct the pretrial discovery proceedings and

defendants;

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the preparation for trial and the trial of this matter, and to delegate work

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responsibilities to selected counsel as may be required;

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h.

to coordinate the preparation and filings of all pleadings; and

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i.

to supervise all other matters concerning the prosecution or

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resolution of the claims asserted in the Consolidated Action.

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III.

NEWLY FILED OR TRANSFERRED ACTIONS
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The Court requests the assistance of counsel in calling to the attention

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of the Clerk of this Court the filing or transfer of any case that may properly be

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consolidated as part of this action. When a case that arises out of the subject matter

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of this action is hereinafter filed in this Court or transferred from another Court, the

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Clerk of this Court shall:
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a.

file a copy of this Order in the separate file for such action;

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b.

mail a copy of this Order to the attorneys for the plaintiff(s) in

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the newly filed or transferred case and to any new defendant(s) in the newly filed

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or transferred case; and

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c.
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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

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filed in this Court or transferred to this Court shall be consolidated with the

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Consolidated Action and this Order shall apply thereto, unless a party objecting to

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this Order or any provision of this Order shall, within ten (10) days after the date

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upon which a copy of this Order is served on counsel for such party, file an

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application for relief from this Order or any provision herein and this Court deems

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it appropriate to grant such application.

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10.

During the pendency of this litigation, or until further order of this

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Court, the parties shall take reasonable steps to preserve all documents within their

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possession, custody or control, including computer-generated and stored

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information and materials such as computerized data and electronic mail, containing

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information that is relevant to or which may lead to the discovery of information

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relevant to the subject matter of the pending litigation.

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IT IS SO ORDERED.

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Dated: March 30, 2017

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