Krystek v. Ruby Tuesday, Inc. et al

Filing 15

STIPULATION AND ORDER. Signed by District Judge Kevin H. Sharp on 6/2/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
DENNIS KYRSTEK, Individually and On Behalf
of All Others Similarly Situated,
Plaintiff,
- against –
RUBY TUESDAY, INC., JAMES J. BUETTGEN,
MICHAEL O. MOORE and KIMBERLY S.
GRANT,

No. 3:14 Civ. 1119 (KHS)

Defendants.
STIPULATION AND ORDER
WHEREAS, on May 6, 2014, plaintiff filed a class action complaint asserting
claims against defendants pursuant to Sections 10(b) and 20(a) of the Securities Exchange Act
of 1934 (the “Exchange Act”);
WHEREAS, the complaint in this action is governed by the Private Securities
Litigation Reform Act (the “PSLRA”), which provides for a specific process for the
appointment of lead plaintiff(s) and lead counsel to represent the putative class. See 15 U.S.C.
§78u-4 et seq.;
WHEREAS, the PSLRA provides for consolidation of all related actions and the
appointment of lead plaintiff and lead counsel, after a 60-day notice period expires following
publication of the filing of the initial securities class action. See 15 U.S.C. §78u-4(a)(3);
WHEREAS, motions seeking appointment as lead plaintiff are not due to be
filed in this action until July 7, 2014; and

WHEREAS, lead plaintiff and lead counsel will not be appointed until the
completion of briefing on the anticipated motions seeking appointment as lead plaintiff and
approval of lead plaintiff’s selection of lead counsel, and accordingly it is unclear at this time
who will ultimately have the authority to act on behalf of plaintiff and the putative class, and
whether the court-appointed lead plaintiff will file a consolidated class action complaint or
stand on the existing complaint filed herein;
IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys
for plaintiff and the attorneys for defendants, as follows:
1.

Undersigned counsel for defendants are authorized to accept, and hereby

do accept, service of the summons and complaint in the above-captioned action on behalf of
defendants, without prejudice and without waiver of any of defendants’ defenses, objections or
arguments in this matter or any other matter, except as to sufficiency of service of process.
2.

Defendants shall not be required to answer or otherwise respond to, and

are hereby expressly relieved from answering or otherwise responding to, the complaint in the
above-captioned action subject to the provisions of paragraph 3 below.
3.

Within 10 days after the entry of an order appointing, pursuant to the

PSLRA, lead plaintiff(s) and lead counsel in the above-captioned action (or a consolidated
action encompassing the above-captioned action), defendants and lead plaintiff(s) shall confer
and propose to the Court dates by which (1) lead plaintiff(s) shall either (a) serve and file a
consolidated class action complaint which shall serve as the operative complaint in the action
and shall supersede any other complaints filed in and/or transferred to this Court, or (b) notify
counsel for defendants that the original complaint filed by lead plaintiff(s) will be the operative

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complaint in the action; and (2) each of the defendants shall answer or otherwise respond to the
operative complaint.
There have been no requests for an extension of time previously made in this
matter.
Dated: May 29, 2014
ROBBINS GELLER RUDMAN & DOWD LLP

By: s/ Jerry E. Martin
JERRY E. MARTIN
217 Second Avenue, North
Nashville, TN 37201
[phone]
[e-mail]
SAMUEL H. RUDMAN
MARY K. BLASY
58 South Service Road, Suite 200
Melville, NY 11747
[phone]
[e-mail]
BARRETT JOHNSTON, LLC
GEORGE E. BARRETT
TIMOTHY L. MILES
217 Second Avenue, North
Nashville, TN 37201
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff

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Dated: May 29, 2014
BASS, BERRY & SIMS, PLC
By: s/ Britt K. Latham
BRITT K. LATHAM
JOSEPH B. CRACE
150 Third Avenue, South, Suite 2800
Nashville, TN 37201
[phone]
[e-mail]
[e-mail]
SHEARMAN & STERLING LLP
STUART J. BASKIN
BRIAN H. POLOVOY
DANIEL H.R. LAGUARDIA
599 Lexington Avenue
New York, NY 10022
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants
I, Jerry E. Martin, am the ECF User whose ID and password are being used to file this
STIPULATION AND PROPOSED ORDER. In compliance with Administrative Order No.
167, Administrative Practices and Procedures for Electronic Case Filing, §8, I hereby attest
that Britt K. Latham has concurred in this filing.
s/ Jerry E. Martin
JERRY E. MARTIN

SO ORDERED.

Dated:

_________________________
Hon. Kevin H. Sharp
United States District Judge

, 2014

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CERTIFICATE OF SERVICE
I hereby certify that on May 29, 2014, the foregoing STIPULATION AND PROPOSED
ORDER was filed electronically with the Clerk of the Court to be served by operation of the
Court’s electronic filing system upon the following:
BASS, BERRY & SIMS, PLC
BRITT K. LATHAM
JOSEPH B. CRACE
150 Third Avenue, South, Suite 2800
Nashville, TN 37201
[phone]
[e-mail]
[e-mail]
SHEARMAN & STERLING LLP
STUART J. BASKIN
BRIAN H. POLOVOY
DANIEL H.R. LAGUARDIA
599 Lexington Avenue
New York, NY 10022
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants

s/ JERRY E. MARTIN
JERRY E. MARTIN
ROBBINS GELLER RUDMAN
& DOWD LLP
217 Second Avenue North
Nashville, TN 37201
Telephone: [phone]
615/252-3798 (fax)
E-mail:[e-mail]

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