Filed: Apr. 01, 2014
Latest Update: Apr. 01, 2014
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SCHEDULING OF MOTION EDWARD M. CHEN, District Judge. WHEREAS, the above-captioned consolidated action is a proposed class action alleging violations of the federal securities laws against Vocera Communications, Inc., certain individual officers and directors of the Company, and certain investment banks that served as underwriters in connection with the Company's initial public offering (collectively, "Defendants");
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SCHEDULING OF MOTION EDWARD M. CHEN, District Judge. WHEREAS, the above-captioned consolidated action is a proposed class action alleging violations of the federal securities laws against Vocera Communications, Inc., certain individual officers and directors of the Company, and certain investment banks that served as underwriters in connection with the Company's initial public offering (collectively, "Defendants"); ..
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STIPULATION AND[PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND SCHEDULING OF MOTION
EDWARD M. CHEN, District Judge.
WHEREAS, the above-captioned consolidated action is a proposed class action alleging violations of the federal securities laws against Vocera Communications, Inc., certain individual officers and directors of the Company, and certain investment banks that served as underwriters in connection with the Company's initial public offering (collectively, "Defendants");
WHEREAS, on January 1, 2014, this Court issued an order resetting the date for the initial case management conference from January 23, 2014 to April 24, 2014 (ECF No. 65);
WHEREAS, on November 20, 2013, this Court issued an order appointing Baltimore County Employees' Retirement System and Arkansas Teacher Retirement System (together, the "Retirement Systems") as Lead Plaintiff, and approving the selection of Lead Plaintiff's counsel;
WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, Pub.L. No. 104-67, 109 Stat. 737 (1995) (the "Reform Act"), unless otherwise ordered by the Court, discovery in this action is stayed during the pendency of any motion to dismiss (15 U.S.C. § 78u-4(b)(3)(B));
WHEREAS, Lead Plaintiff, in furtherance of its efforts to investigate the matter, intends to file a motion with the Court concerning the use of information that Defendants maintain is confidential and/or subject to certain agreements (the "Motion"). The Parties have conferred with respect to this Motion and have agreed to notice a hearing date of July 10, 2014, and a related briefing schedule set forth below;
WHEREAS, the resolution of the Motion will impact the filing of the consolidated complaint. Accordingly, the Parties shall meet and confer and submit to the Court a schedule for the filing of the consolidated complaint and related dispositive motion practice promptly upon the Court's resolution of the Motion; and
WHEREAS, in view of the Motion, the Reform Act's stay of discovery, the uncertain timing of filing of the consolidated complaint and the resolution of any dispositive motions related thereto, the Parties agree that good cause exists to vacate the existing April 24, 2014 initial case management conference and associated ADR deadlines until and unless such time as the consolidated complaint has been filed and the Court rules on any motion(s) to dismiss.
IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between the undersigned counsel for the parties, that:
i. Lead Plaintiff shall file the Motion on or before April 22, 2014; Defendants shall file an opposition on or before May 22, 2014; and Lead Plaintiff shall file a reply on or before June 5, 2014. The Motion shall be noticed for hearing on July 10, 2014.
ii. Pursuant to Civil L.R. 16-2, the Initial Case Management Conference scheduled for April 24, 2014 be vacated, along with any associated deadlines under the Federal Rules of Civil Procedure and Local Rules, to be rescheduled for a date that is 30 days after entry of a Court order ruling on Defendants' anticipated motion(s) to dismiss the consolidated complaint, or such other date as the Court shall determine to be appropriate; and all associated ADR Multi-Option Program deadlines likewise be deferred.
[PROPOSED]ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
