Moomjy v. HQ Sustainable Maritime Industries, Inc. et al

Filing 131

STIPULATION AND ORDER EXTENDING TIME, by Judge Robert S. Lasnik. The motions to dismiss, docket nos. 109 , 111 and 115 shall be re-noted for October 19, 2012. Opposition ddl 9/14/2012, reply ddl 10/19/2012. (CL)

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1 Hon. Robert S. Lasnik 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 10 JASON MOOMJY, individually and on behalf of all others similarly situated, 11 12 13 14 15 16 No. 2:11-cv-00726-RSL Plaintiff, v. HQ SUSTAINABLE MARITIME INDUSTRIES, INC., NORBERT SPORNS and JEAN-PIERRE DALLAIRE, et al., CLASS ACTION STIPULATION AND ORDER EXTENDING TIME TO FILE BRIEFING ON MOTIONS TO DISMISS IN LIGHT OF SETTLEMENT PROGRESS NOTE ON MOTION CALENDAR: August 3, 2012 Defendants. 17 18 19 20 WHEREAS Defendants in this case filed motions to dismiss (Dkt. Nos. 109, 111, and 115) on February 7, 2012 (the "Motions to Dismiss"); WHEREAS on March 13, 2012, the Parties filed a Stipulation and Order extending 21 the time for Lead Plaintiff to file its opposition to the Motions to Dismiss from March 30, 22 2012, until May 25, 2012 (and for Defendants to file their replies from April 25, 2012 to 23 June 25, 2012), because the Parties had scheduled a mediation session with mediator Jed 24 Melnick in New York on April 24-25, 2012; 25 26 WHEREAS by stipulations and orders dated May 25, 2012, and June 18, 2012, the Court ordered that the deadlines for Lead Plaintiff’s opposition to the Motions to Dismiss STIP AND ORDER EXTENDING TIME TO FILE BRIEFING ON MOTIONS TO DISMISS IN LIGHT OF SETTLEMENT PROGRESS – Page 1 ( (No. 11-726-RSL) 818 STEW ART STREET, SUITE 1400 SEATTLE W ASHINGTON 98101 T 206.516.3800 F 206.516.3888 1 and Defendants’ replies thereto be extended at the parties’ request in order to permit them 2 to continue settlement negotiations. Lead Plaintiff’s opposition to the Motions to Dismiss 3 and Defendants’ replies thereto are now due on August 3, 2012, and September 7, 2012, 4 respectively, and the motions have been re-noted for September 7, 2012 (Dkt. No. 128); 5 WHEREAS as a result of the mediation and settlement discussions that occurred 6 during the months following mediation, which were described in the stipulations filed by 7 counsel for the parties on May 24, 2012 (Dkt. No. 123) and June 15, 2012 (Dkt. No. 126), 8 the parties have made substantial progress toward reaching an agreement to settle all claims 9 in this case; 10 WHEREAS since June 15, 2012, the parties have continued to make progress 11 toward resolving this action, including with respect to the ongoing process of preparing 12 drafts of the settlement agreement and papers related to preliminary approval of the 13 settlement, notice to the class, and the hearing for final approval of the settlement; 14 WHEREAS once the settlement process has been completed, Lead Plaintiff will file 15 a motion requesting that the Court preliminarily approve the settlement, approve the notice 16 to be disseminated to class members, and set a date for a hearing to consider the fairness 17 and adequacy of the proposed settlement; 18 WHEREAS, despite diligent efforts, the parties have been unable to finalize the 19 settlement documents for filing before the current August 3, 2012 deadline for Lead 20 Plaintiff’s opposition to the motions to dismiss; 21 22 23 24 25 26 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the Parties that: 1. The time for Lead Plaintiff to file an opposition to the motions to dismiss should be extended from August 3, 2012, until September 14, 2012. 2. The time for HQ Sustainable Maritime Industries, Inc., Norbert Sporns, Jean-Pierre Dallaire, Ladenburg Thalmann & Co. and Roth Capital Partners, LLC to file STIP AND ORDER EXTENDING TIME TO FILE BRIEFING ON MOTIONS TO DISMISS IN LIGHT OF SETTLEMENT PROGRESS – Page 2 ( (No. 11-726-RSL) 818 STEW ART STREET, SUITE 1400 SEATTLE W ASHINGTON 98101 T 206.516.3800 F 206.516.3888 1 replies in further support of their motions to dismiss should be extended from September 7, 2 2012, until October 19, 2012. 3 3. The motions to dismiss should be re-noted for October 19, 2012. 4 5 DATED: August 3, 2012 6 7 8 9 10 11 12 13 14 15 16 KELLER ROHRBACK L.L.P. /s/ Elizabeth A. Leland Lynn Lincoln Sarko, WSBA # 16569 Juli E. Farris, WSBA #17593 Elizabeth A. Leland, WSBA # 23433 1201 Third Avenue, Suite 3200 Seattle, WA 98101-3052 Telephone: (206) 623-1900 Liaison Counsel for the Proposed Class COHEN MILSTEIN SELLERS & TOLL PLLC Steven J. Toll Julie G. Reiser, WSBA #27485 1100 New York Avenue, N.W. Suite 500, West Tower Washington, D.C. 20005 Telephone: (202) 408-4600 Lead Counsel for the Proposed Class 17 18 19 20 21 COZEN O'CONNOR /s/ Michael D. Handler Michael D. Handler, WSBA #25654 1201 Third Avenue, Suite 5200 Seattle, WA 98101-3071 Telephone: (206) 808-7839 22 23 24 25 26 STIP AND ORDER EXTENDING TIME TO FILE BRIEFING ON MOTIONS TO DISMISS IN LIGHT OF SETTLEMENT PROGRESS – Page 3 ( (No. 11-726-RSL) 818 STEW ART STREET, SUITE 1400 SEATTLE W ASHINGTON 98101 T 206.516.3800 F 206.516.3888 1 5 Robert Hayes Rachel Robbins Peter M. Ryan Cozen O'Connor 1900 Market Street Philadelphia, PA 19103 Telephone: (215) 665-2000 Counsel for Defendant HQ Sustainable Maritime Industries, Inc. 6 YARMUTH WILSDON PLLC 7 /s/ Jeremy E. Roller Jeremy E. Roller, WSBA No. 32021 818 Stewart Street, Suite 1400 Seattle, WA 98101 Telephone: (206) 516-3800 jroller@yarmuth.com 2 3 4 8 9 10 16 CHADBOURNE & PARKE LLP Thomas J. McCormack Marc D. Ashley Marcelo M. Blackburn 30 Rockefeller Plaza New York, NY 10112 Telephone: (212) 408-5100 tmccormack@chadbourne.com mashley@chadbourne.com mblackburn@chadbourne.com Counsel for Defendants Norbert Sporns and Jean-Pierre Dallaire 17 SAVITT BRUCE & WILLEY LLP 11 12 13 14 15 18 19 20 21 22 /s/ James P. Savitt James P. Savitt, WSBA #16847 Miles A. Yanick, WSBA #26603 1425 Fourth Avenue, Suite 800 Seattle, WA 98101-2272 jsavitt@jetcitylaw.com myanick@jetcitylaw.com Counsel for Defendants Ladenburg Thalmann & Co. and Roth Capital Partners, LLC 23 24 25 26 STIP AND ORDER EXTENDING TIME TO FILE BRIEFING ON MOTIONS TO DISMISS IN LIGHT OF SETTLEMENT PROGRESS – Page 4 ( (No. 11-726-RSL) 818 STEW ART STREET, SUITE 1400 SEATTLE W ASHINGTON 98101 T 206.516.3800 F 206.516.3888 1 2 [PROPOSED] ORDER IT IS HEREBY ORDERED that in light of the parties’ progress toward settlement 3 of this action, and to conserve the resources of the Parties and the Court, the deadline for 4 the Lead Plaintiff to file an opposition to the pending motions to dismiss the consolidated 5 complaint in this action (Dkt. Nos. 109, 111, and 115) is extended until September 14, 6 2012. The Defendants shall have until October 19, 2012, to file any replies in further 7 support of their motions to dismiss. The motions to dismiss shall be re-noted for October 8 19, 2012. 9 10 DATED: This 16th day of August, 2012. 11 13 A Robert S. Lasnik 14 United States District Judge  ___________________________ 12 15 16 17 18 19 20 21 22 23 24 25 26 STIP AND ORDER EXTENDING TIME TO FILE BRIEFING ON MOTIONS TO DISMISS IN LIGHT OF SETTLEMENT PROGRESS – Page 5 ( (No. 11-726-RSL) 818 STEW ART STREET, SUITE 1400 SEATTLE W ASHINGTON 98101 T 206.516.3800 F 206.516.3888

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