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Monachelli v. Hortonworks, Inc., 3:16-cv-00980-SI. (2016)

Court: District Court, N.D. California Number: infdco20160428866 Visitors: 24
Filed: Apr. 27, 2016
Latest Update: Apr. 27, 2016
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT SUSAN ILLSTON , District Judge . This Stipulation is entered into between Defendants Hortonworks, Inc., Robert J. Bearden, and Scott J. Davidson ("Defendants") and Plaintiff William Monachelli ("Plaintiff" and collectively, with Defendants, the "Parties"). WHEREAS, Plaintiff filed a Complaint for Violation of the Federal Securities Laws in this action
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT

This Stipulation is entered into between Defendants Hortonworks, Inc., Robert J. Bearden, and Scott J. Davidson ("Defendants") and Plaintiff William Monachelli ("Plaintiff" and collectively, with Defendants, the "Parties").

WHEREAS, Plaintiff filed a Complaint for Violation of the Federal Securities Laws in this action on February 29, 2016 ("the Complaint");

WHEREAS, Defendants waived service of the Summons and the Complaint in this action on March 29, 2016;

WHEREAS, as a federal securities class action governed by the provisions of the Private Securities Litigation Reform Act of 1995, 15 U.S.C. §78u-4, et seq., Defendants maintain that this action is subject to a mandatory stay of all discovery and other proceedings pending determination of a motion to dismiss;

WHEREAS, motions for appointment as Lead Plaintiff and approval of Lead Counsel for the putative Class in this action pursuant to the PSLRA are due to be filed on April 29, 2016;

WHEREAS, Defendants' responses to the Complaint are currently due to be filed on April 29, 2016;

WHEREAS, the Parties anticipate that after the Court appoints a Lead Plaintiff, Lead Plaintiff will file an Amended Complaint;

WHEREAS, the Parties anticipate that Defendants will move to dismiss Lead Plaintiff's Amended Complaint;

WHEREAS, the Court has scheduled a Case Management Conference ("CMC") in this action for June 17, 2016 at 2:30 p.m. (Dkt. No. 7);

WHEREAS, the Parties believe it would save judicial and Party resources if Defendants' obligation to answer or otherwise respond to the Complaint is stayed until after this Court has appointed a Lead Plaintiff and approved Lead Plaintiff's selection of Lead Counsel for the Class and after an Amended Complaint, if any, has been filed by Lead Plaintiff;

WHEREAS, there have been no previous requests for time modifications in this action;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned Parties that:

1. Defendants expressly reserve all rights, defenses, and or other objections to the Complaint, except insufficient service of process;

2. Defendants need not answer or otherwise respond to the Complaint in this action except as specified herein;

3. Within twenty (20) days after this Court appoints a Lead Plaintiff, the Lead Plaintiff and Defendants will submit to the Court a proposed schedule for (i) Lead Plaintiff's filing of an Amended Complaint or designation of the Complaint as the operative complaint in this action; (ii) Defendants' time to answer or otherwise respond to the operative complaint; (iii) Lead Plaintiff's time to respond to any motion to dismiss; and (iv) Defendants' time to reply with respect to the same.

4. The Initial Case Management Conference shall be rescheduled to September 16, 2016 at 2:30 pm or at such subsequent date and time that is convenient for the Court.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED:

1. The June 17, 2016 CMC shall be rescheduled to September 16, 2016, at 2:30 p.m.

Source:  Leagle

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