Filed: Dec. 22, 2011
Latest Update: Dec. 22, 2011
Summary: STIPULATION AND [PROPOSED] ORDER (1) SETTING DATE FOR FILING OF AMENDED CLASS ACTION COMPLAINT (2) ESTABLISHING BRIEFING SCHEDULE FOR RESPONSIVE MOTION(S) AND (3) CONTINUING CASE MANAGEMENT CONFERENCE AS MODIFIED BY THE COURT RICHARD SEEBORG, District Judge. Lead Plaintiff the Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters ("Lead Plaintiff" or "Inter-Local Pension Fund") and defendants Blue Coat Systems, Inc., Brian M. NeSm
Summary: STIPULATION AND [PROPOSED] ORDER (1) SETTING DATE FOR FILING OF AMENDED CLASS ACTION COMPLAINT (2) ESTABLISHING BRIEFING SCHEDULE FOR RESPONSIVE MOTION(S) AND (3) CONTINUING CASE MANAGEMENT CONFERENCE AS MODIFIED BY THE COURT RICHARD SEEBORG, District Judge. Lead Plaintiff the Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters ("Lead Plaintiff" or "Inter-Local Pension Fund") and defendants Blue Coat Systems, Inc., Brian M. NeSmi..
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STIPULATION AND [PROPOSED] ORDER (1) SETTING DATE FOR FILING OF AMENDED CLASS ACTION COMPLAINT (2) ESTABLISHING BRIEFING SCHEDULE FOR RESPONSIVE MOTION(S) AND (3) CONTINUING CASE MANAGEMENT CONFERENCE AS MODIFIED BY THE COURT
RICHARD SEEBORG, District Judge.
Lead Plaintiff the Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters ("Lead Plaintiff" or "Inter-Local Pension Fund") and defendants Blue Coat Systems, Inc., Brian M. NeSmith and Gordon C. Brooks ("Defendants"), by and through their respective counsel hereby recite and stipulate, subject to Court approval, as follows concerning the filing of an amended class complaint ("Amended Complaint"), the briefing schedule for any responsive motions and the continuance of the Case Management Conference scheduled for February 2, 2012.
RECITALS
WHEREAS plaintiff Robert Scandlon ("Scandlon") filed a securities class action complaint ("Initial Complaint") on August 30, 2011 (Docket Number ("Dkt.") 1), alleging that Defendants violated federal securities laws;
WHEREAS the Initial Complaint alleged claims arising under the Private Securities Litigation Reform Act of 1995 ("PSLRA");
WHEREAS on October 31, 2011, in accordance with procedures set forth in the PSLRA, Scandlon and the Inter-Local Pension Fund each filed competing motions to Appoint Lead Plaintiff and Lead Counsel (Dkt. 13 and 23);
WHEREAS, on December 12, 2011, the Court granted the Inter-Local Pension Fund's motion appointing it Lead Plaintiff and appointing Spector Roseman Kodroff & Willis, P.C. as lead counsel and Berman DeValerio as liaison counsel (Dkt. 41);
WHEREAS counsel for Lead Plaintiff and Defendants have conferred and the parties have reached agreement, subject to Court approval, as to a schedule for the filing by Lead Plaintiff of an amended class action complaint ("Amended Complaint") and the filing by Defendants of motions to dismiss the Amended Complaint;
WHEREAS the parties further agree that it will serve the interests of justice and judicial economy to continue the scheduled Case Management Conference, currently set for February 2, 2012, until after the Court has ruled on all motions filed in response to the Amended Complaint;
STIPULATION
Therefore, IT IS HEREBY STIPULATED AND AGREED, by Lead Plaintiff and defendants, through their respective counsel of record, as follows:
1. Lead Plaintiff shall file and serve the Amended Complaint on or before February 17, 2012.
2. Defendants shall file and serve any responsive motion(s) to the Amended Complaint on or before April 17, 2012.
3. Lead Plaintiff shall file and serve any opposition to Defendants' responsive motion(s) on or before June 15, 2012.
4. Defendants shall file and serve any reply to Lead Plaintiffs reply on or before July 18, 2012.
5. The parties hereby request that the Case Management Conference scheduled for February 2, 2012 at 10:00 a.m. be taken off calendar pending further order of the Court.
[PROPOSED] ORDER
IT IS HEREBY ORDERED that:
1. Lead Plaintiff the Inter-Local Pension Fund of the Graphic Communications Conference of the International Brotherhood of Teamsters shall file and serve the Amended Complaint on or before February 17, 2012.
2. Defendants shall file and serve any responsive motion(s) to the Amended Complaint on or before April 17, 2012.
3. Lead Plaintiff shall file and serve any opposition to Defendants' responsive motion(s) on or before June 15, 2012.
4. Defendants shall file and serve any reply to Lead Plaintiffs reply on or before July 18, 2012.
5. The clerk shall remove the Case Management Conference scheduled for February 2, 2012 at 10:00 a.m. from the Court's calendar.
6. The Court will schedule a new Case Management Conference after ruling on the motions responsive to the Amended Complaint contemplated above. Initial Case Management Conference set for September 6, 2012 at 10:00 a.m.
PURSUANT TO STIPULATION, IT IS SO ORDERED
