Filed: Feb. 23, 2011
Latest Update: Feb. 23, 2011
Summary: STIPULATION AND ORDER POSTPONING CASE MANAGEMENT CONFERENCE JEFFREY S. JACOBI, District Judge. RECITALS 1. On December 1, 2009, the parties entered into, and on December 9, 2009, the Court (Judge Ware) signed, a stipulation and order coordinating the settling of the pleadings in this derivative action (the "Derivative Action") with the resolution of motions to dismiss expected to be filed in the related consolidated class actions, No. C-09-1001-SI (the "Class Actions"). See Stipulation and
Summary: STIPULATION AND ORDER POSTPONING CASE MANAGEMENT CONFERENCE JEFFREY S. JACOBI, District Judge. RECITALS 1. On December 1, 2009, the parties entered into, and on December 9, 2009, the Court (Judge Ware) signed, a stipulation and order coordinating the settling of the pleadings in this derivative action (the "Derivative Action") with the resolution of motions to dismiss expected to be filed in the related consolidated class actions, No. C-09-1001-SI (the "Class Actions"). See Stipulation and O..
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STIPULATION AND ORDER POSTPONING CASE MANAGEMENT CONFERENCE
JEFFREY S. JACOBI, District Judge.
RECITALS
1. On December 1, 2009, the parties entered into, and on December 9, 2009, the Court (Judge Ware) signed, a stipulation and order coordinating the settling of the pleadings in this derivative action (the "Derivative Action") with the resolution of motions to dismiss expected to be filed in the related consolidated class actions, No. C-09-1001-SI (the "Class Actions"). See Stipulation and Order, Doc. 16 in this action, filed December 9, 2009. As stated in their stipulation, the parties did so (inter alia) for two reasons:
"7. Although it asserts different legal theories, the Derivative Action arises out of the same transactions and occurrences as the Consolidated Class Actions, and names the same individual defendants and underwriter defendants.
"9. The parties agree that it makes sense to postpone further activity in the Derivative Action until the motions to dismiss the Consolidated Class Actions are heard and resolved."
See Doc. 16, ¶¶ 7, 9.
2. On December 14, 2009, this Court (Judge Illston) entered an Order Relating Case relating this Derivative Action to the Class Actions. See Doc. 17 in this case and Doc. 57 in C-09-1001-SI.
3. On April 27, 2010, this Court granted defendants' motions to dismiss the amended consolidated complaint in the Class Actions. Doc. 90 in C-09-1001-SI. On May 28, 2010, plaintiffs in the Class Actions filed a Second Amended Consolidated Class Action Complaint and, on June 24, 2010, plaintiffs filed a Third Amended Consolidated Class Action Complaint ("TAC"). See Doc. 94 and 99 in C-09-1001-SI.
4. On September 3, 2010, this Court heard defendants' motions to dismiss the TAC in the Class Actions. See Doc. 122 in C-08-1001-SI, at 4. At the same time, the Court vacated the case management conference in the Class Actions, which was to be rescheduled after the Court issued its order on defendants' motions to dismiss the TAC. See id. The Court has not yet issued an order on defendants' motions and consequently has not rescheduled the case management conference in the Class Actions.
5. In light of the foregoing, the parties agree that it makes sense to postpone the case management conference in this Derivative Action (currently set for February 25 at 3:00 p.m.) so that it occurs on the same day as the case management conference in the Class Actions, which date has yet to be determined by this Court.
STIPULATION
THEREFORE, IT IS HEREBY STIPULATED, by and between the undersigned counsel for the parties herein and the parties hereby respectfully request that the Court continue the Case Management Conference currently set for February 25, 2011 at 3:00 p.m. until the date and time set for the case management conference in the Class Actions, which date and time will be determined by this Court after it issues an order on defendants' motions to dismiss the TAC filed in the Class Actions.
DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B
I, JEFFREY S. JACOBI, hereby declare pursuant to General Order 45, § X.B, that I have obtained the concurrence in the filing of this document from each of the other signatories listed below.
I declare under penalty of perjury that the foregoing declaration is true and correct.
Executed on February 23, 2011, at San Francisco, California.
[PROPOSED] ORDER
Upon consideration of the parties' stipulation and good cause appearing, IT IS HEREBY ORDERED THAT the Initial Case Management Conference currently set for February 25 at 3:00 p.m. is hereby continued until the date and time set for the case management conference in the related consolidated class actions, No. C-09-1001-SI (the "Class Actions"), which date and time will be determined by this Court after it issues an order on defendants' motions to dismiss the TAC filed in the Class Actions.
