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)

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: [phone]
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: [phone]
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: [phone]

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: [phone]
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: [phone]
[e-mail]

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: [phone]
[e-mail]
[e-mail]
[e-mail]
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
[e-mail]
[e-mail]
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