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ALBIN v. PINCUS, 12-cv-4330-MMC. (2012)

Court: District Court, N.D. California Number: infdco20121108984 Visitors: 1
Filed: Nov. 07, 2012
Latest Update: Nov. 07, 2012
Summary: STIPULATION AND ORDER RE-SETTING CASE MANAGEMENT CONFERENCE MAXINE M. CHESNEY, District Judge. RECITALS A. On August 16, 2012, plaintiff Marc Albin ("Plaintiff") commenced this action. Plaintiff seeks to bring a shareholder derivative action on behalf of Zynga Inc. against defendants Mark Pincus, Cadir Lee, Reid Hoffman, Owen Van Natta, David M. Wehner, Mark Vranesh, John Schappert, Reginald D. Davis, William Gordon, Jeffrey Katzenberg, Stanley J. Meresman, Sunil Paul, Jeff Karp, and nominal
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STIPULATION AND ORDER RE-SETTING CASE MANAGEMENT CONFERENCE

MAXINE M. CHESNEY, District Judge.

RECITALS

A. On August 16, 2012, plaintiff Marc Albin ("Plaintiff") commenced this action. Plaintiff seeks to bring a shareholder derivative action on behalf of Zynga Inc. against defendants Mark Pincus, Cadir Lee, Reid Hoffman, Owen Van Natta, David M. Wehner, Mark Vranesh, John Schappert, Reginald D. Davis, William Gordon, Jeffrey Katzenberg, Stanley J. Meresman, Sunil Paul, Jeff Karp, and nominal defendant Zynga Inc. (collectively, the "Defendants"), for violations of applicable state laws, breaches of fiduciary duties, waste of corporate assets, and unjust enrichment.

B. On October 22, 2012, Plaintiff filed a Motion to Consolidate Related Class Actions and Appoint Lead Counsel (Dkt. No. 5) (the "Consolidation Motion") to consolidate the following related actions (the "Related Actions"):

1. IRA for the Benefit of Karl Graulich v. Pincus, et al., 12-cv-04327-JSW (filed Aug. 16, 2012);

2. Marc Albin v. Pincus, et al., 12-cv-04330-MMC (filed Aug. 16, 2012);

3. Stacey Barron v. Pincus, et al., 12-cv-04547-DMR (filed Aug. 30, 2012); and

4. Jeanna Weber v. Pincus, et al., 12-cv-04684-WHA (filed Sept. 7, 2012);

C. On November 5, 2012, the parties filed a Joint Administrative Motion to Relate Shareholder Derivative Actions to Class Actions in the matter captioned In re Zynga Inc. Sec. Litig., Lead Case No. 12-cv-04007-JSW (Dkt. No. 94) (the "Administrative Motion"). The Administrative Motion, if granted, would result in the reassignment of the Related Actions, including this action, to Judge Jeffrey White for all purposes.

D. Counsel for the parties have met and conferred regarding scheduling of a case management conference ("CMC"). To conserve party and judicial resources, the parties agree that it would be prudent and beneficial to defer the CMC until after the Court's ruling on the Consolidation Motion.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendants, through their respective counsel herein, and subject to Court approval, as follows:

1. The CMC currently scheduled for November 16, 2012 shall be vacated pending the Court's ruling on the Consolidation Motion.

2. Counsel for the parties shall meet and confer within fourteen days of the Court's ruling on the Consolidation Motion to propose a new CMC date.

IT IS SO STIPULATED.

ORDER

The Case Management Conference currently set for November 16, 2012 is hereby CONTINUED to January 18, 2013

Source:  Leagle

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