Filed: Jun. 15, 2017
Latest Update: Jun. 15, 2017
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTIONS TO DISMISS JON S. TIGAR , District Judge . WHEREAS, on February 8, 2017, the Court entered an order setting the briefing schedule on Defendants' motion to dismiss the Consolidated Complaint on the threshold issue of demand futility [Dkt. 81]; WHEREAS, the February 8, 2017 order preserved Defendants' right to assert other defenses, including by motion or otherwise, after the Court's consideration of
Summary: STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTIONS TO DISMISS JON S. TIGAR , District Judge . WHEREAS, on February 8, 2017, the Court entered an order setting the briefing schedule on Defendants' motion to dismiss the Consolidated Complaint on the threshold issue of demand futility [Dkt. 81]; WHEREAS, the February 8, 2017 order preserved Defendants' right to assert other defenses, including by motion or otherwise, after the Court's consideration of ..
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STIPULATION AND [PROPOSED] ORDER REGARDING PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTIONS TO DISMISS
JON S. TIGAR, District Judge.
WHEREAS, on February 8, 2017, the Court entered an order setting the briefing schedule on Defendants' motion to dismiss the Consolidated Complaint on the threshold issue of demand futility [Dkt. 81];
WHEREAS, the February 8, 2017 order preserved Defendants' right to assert other defenses, including by motion or otherwise, after the Court's consideration of Defendants' demand futility motion to dismiss;
WHEREAS, on February 24, 2017, Lead Plaintiffs Fire and Police Pension Association of Colorado and The City of Birmingham Retirement and Relief System filed their Consolidated Amended Verified Stockholder Derivative Complaint [Dkt. 83];
WHEREAS, on March 17, 2017, Defendants filed their motion to dismiss for failure to adequately plead demand futility [Dkt. 99], which Plaintiffs opposed on April 3, 2017 [Dkt. 115] and Defendants replied to on April 14, 2017 [Dkt. 116];
On May 4, 2017, the Court held argument on Defendants' motion to dismiss on demand futility grounds, and the same day denied in part and granted in part Defendants' motion to dismiss [Dkt. 129], holding that Plaintiffs had adequately pled demand futility;
WHEREAS, on May 23, 2017, the parties submitted a stipulation and proposed briefing schedule for any remaining motions to dismiss pursuant to Federal Rule of Civil Procedure 12 that Defendants intended to make [Dkt. 134], which the Court entered on May 30, 2017 [Dkt. 135];
WHEREAS, on June 5, 2017, certain Defendants filed a total of five motions to dismiss pursuant to Rule 12 [Dkts. 139, 140, 141, 143, 144] and Defendant Stumpf filed a notice of joinder to certain of those motions [Dkt. 145];
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Lead Plaintiffs, by and through their counsel, and Defendants, by and through their counsel, that Plaintiffs will respond to Defendants' motions in a single opposition brief, not to exceed 70 pages. The 70 pages is less than the total number of pages for Defendants' motions to dismiss (78 pages).
ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Richard M. Heimann, in compliance with General Order 45, Section X(B), hereby attest that I obtained the concurrence of all of the above-listed counsel in filing this document.
Dated: June 14, 2017.
/s/Richard M. Heimann
________________________________________
Richard M. Heimann
ORDER
PURSUANT TO STIPULATION IT IS SO ORDERED.
