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Chuakay v. Brocade Communications Systems, Inc., 3:17-cv-00058-EMC. (2017)

Court: District Court, N.D. California Number: infdco20170314467 Visitors: 9
Filed: Mar. 03, 2017
Latest Update: Mar. 03, 2017
Summary: STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE EDWARD M. CHEN , District Judge . WHEREAS, plaintiff Elizabeth Chuakay ("Plaintiff") filed the above-captioned securities class action lawsuit on January 5, 2017; WHEREAS, this action is subject to the provisions of the Private Securities Litigation Reform Act of 1995 ("Reform Act"), 15 U.S.C. 78u-4, which, inter alia, requires the Court to appoint a lead plaintiff; WHEREAS, on February 1, 2017, the Court entered an Order set
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STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE

WHEREAS, plaintiff Elizabeth Chuakay ("Plaintiff") filed the above-captioned securities class action lawsuit on January 5, 2017;

WHEREAS, this action is subject to the provisions of the Private Securities Litigation

Reform Act of 1995 ("Reform Act"), 15 U.S.C. §78u-4, which, inter alia, requires the Court to appoint a lead plaintiff;

WHEREAS, on February 1, 2017, the Court entered an Order setting an initial Case Management Conference ("CMC") for March 16, 2017 and setting Rule 26(f) and CMC deadlines for March 9, 2017;

WHEREAS, no lead plaintiff motion has been filed and a lead plaintiff has not been appointed;

WHEREAS, if appointed lead plaintiff by the Court, Plaintiff anticipates that it will file an amended complaint;

WHEREAS, defendants anticipate that they will move to dismiss the amended complaint;

WHEREAS, on February 6, 2017, this Court ordered, pursuant to the parties' stipulation, that Defendants need not respond to the complaint and that the parties shall meet and confer on a schedule after consolidation and the filing of a consolidated amended complaint;

WHEREAS, in light of the current procedural posture, and in particular, the fact that a lead plaintiff has not yet been appointed, and a consolidated complaint has not been filed nor an operative complaint designated, the parties respectfully request that the CMC and related deadlines be continued as set forth below.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, subject to Court approval, as follows:

1. The CMC is continued pending the appointment of a lead plaintiff and the subsequent filing of an amended complaint or designation of an operative complaint. Likewise, the deadline for filing a CMC statement is continued accordingly.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. CMC is reset from 3/16/17 to 4/13/17 at 1:30 p.m. (same time as motion to appoint lead counsel.) Joint CMC statement due 4/6/17.

Source:  Leagle

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