Feldbaum v. Hinton et al

Filing 25

ORDER STAYING CASE - It is hereby ORDERED that all proceedings in this action are temporarily stayed until the final resolution of Ash v. PowerSecure International, Inc., et al., Case No. 14-cv-00092-D. Signed by Chief Judge James C. Dever III on 11/26/2014. (Tripp, S.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No.: 5:14-cv-464 -D
IRVING FELDBAUM, Derivatively on
Behalf of POWERSECURE
INTERNATIONAL, INC.,

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Plaintiff,
v.

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ORDER STAYING PROCEEDINGS

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SIDNEY HINTON, CHRISTOPHER T.
HUTTER, W. KENT GEER, THOMAS J.
MADDEN III, KEVIN P. COLLINS,
JOHN A. MILLER, and A. DALE
JENKINS,
Defendants,
-andPOWERSECURE INTERNATIONAL,
INC., a Delaware corporation,
Nominal Defendant.

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Having considered the Joint Stipulation to Stay Proceedings, and good cause appearing,
the Court hereby temporarily STAYS proceedings in the above-captioned case as follows:
1.

It is hereby ORDERED that all proceedings in this action are temporarily stayed

until the final resolution of Ash v. PowerSecure International, Inc., et al., Case No. 14-cv-00092D (the "Securities Class Action").
2.

Individual Defendants Sidney Hinton, Christopher T. Hutter, W. Kent Geer,

Thomas J. Madden III, Kevin P. Collins, John A. Miller, and A. Dale Jenkins and nominal
defendant PowerSecure shall provide to plaintiff Irving Feldbaum, subject to entry of an
appropriate protective order and the other provisions of this stipulation, concurrently with any
production (formal or informal) in the Securities Class Action: (i) all documents and written

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responses to discovery requests produced to the plaintiffs in the Securities Class Action in the
form and manner in which such documents are produced to those plaintiffs; (ii) all written
agreements between the parties to the Securities Class Action that seek to define the scope of
discovery; and (iii) all deposition transcripts in the Securities Class Action.
3.

This order shall not be read: (a) to preclude or prevent the parties from stipulating

to, or filing a motion seeking, a court order lifting, modifying or extending the terms of the stay;
or (b) to serve as a waiver by any party of any rights or defenses not specifically addressed in
this order, including the right to pursue formal discovery and/or file any motion any party deems
appropriate, once this case is no longer stayed, including a challenge to Plaintiffs standing to
pursue these claims absent a pre-suit demand.
So ordered this~ day of

l\lcye.Mhc.r , 2014.

Chief United States District Judge

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