Filed: May 25, 2016
Latest Update: May 25, 2016
Summary: STIPULATION AND [ PROPOSED ] SCHEDULING ORDER SUSAN ILLSTON , District Judge . Pursuant to Civil Local Rule 7-12, Defendants Fitbit Inc., James Park, and William R. Zerella ("Defendants") and Plaintiff Brian H. Robb ("Plaintiff" and collectively, with Defendants, the "Parties"), by and through their undersigned counsel of record, submit the following stipulation and proposed scheduling order: WHEREAS, the Court scheduled a Case Management Conference ("CMC") in this Action for April 15,
Summary: STIPULATION AND [ PROPOSED ] SCHEDULING ORDER SUSAN ILLSTON , District Judge . Pursuant to Civil Local Rule 7-12, Defendants Fitbit Inc., James Park, and William R. Zerella ("Defendants") and Plaintiff Brian H. Robb ("Plaintiff" and collectively, with Defendants, the "Parties"), by and through their undersigned counsel of record, submit the following stipulation and proposed scheduling order: WHEREAS, the Court scheduled a Case Management Conference ("CMC") in this Action for April 15, ..
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STIPULATION AND [PROPOSED] SCHEDULING ORDER
SUSAN ILLSTON, District Judge.
Pursuant to Civil Local Rule 7-12, Defendants Fitbit Inc., James Park, and William R. Zerella ("Defendants") and Plaintiff Brian H. Robb ("Plaintiff" and collectively, with Defendants, the "Parties"), by and through their undersigned counsel of record, submit the following stipulation and proposed scheduling order:
WHEREAS, the Court scheduled a Case Management Conference ("CMC") in this Action for April 15, 2016 at 2:30 p.m. (Dkt. No. 5);
WHEREAS, on April 11, 2016, the Court entered an order (Dkt. No. 54) approving the Parties' joint stipulation extending Defendants' time to respond to the complaint, which provided that "Within 10 (ten) days after this Court appoints a Lead Plaintiff, the Lead Plaintiff and Defendants will submit to the Court a proposed schedule for (1) Lead Plaintiff's filing of an Amended Complaint or designation of the Complaint as the operative complaint in this action; and (2) Defendants' time to answer or otherwise respond to the operative complaint." (Dkt. No. 50);
WHEREAS, on April 12, 2016, the Parties submitted a joint stipulation requesting that the April 15, 2016 CMC be rescheduled to June 3, 2016 at 2:30 p.m., or a subsequent date convenient for the Court (Dkt. No. 56);
WHEREAS, on April 14, 2016, the Court entered an order approving the Parties' April 12, 2016 stipulation and rescheduled the CMC to June 10, 2016 at 2:30 p.m. (Dkt. No. 57);
WHEREAS, on April 15, 2016, the Court held a hearing on motions to appoint lead plaintiff and lead counsel. (Dkt. No. 60);
WHEREAS, on April 19, 2016, the Court advanced the CMC scheduled for June 10, 2016 to June 9, 2016 at 2:30 p.m. (Dkt. No. 63);
WHEREAS, on May 10, 2016, the Court issued a written order granting Fitbit Investor Group's motion for appointment of lead plaintiff and granting its motion for appointment of Pomerantz LLP and Glancy Prongay & Murray LLP as co-lead counsel. (Dkt No. 73);
WHEREAS, the parties have met and conferred and agreed that given the parties' schedules and the complexity of this securities action, that approximately 45 days should be afforded to file an amended complaint and approximately 30 days should be afforded to respond to that complaint.
WHEREAS, the Parties believe it would save judicial and Party resources if the CMC is deferred until after the Court rules on Defendants' anticipated motion to dismiss;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned Parties that:
1. Lead Plaintiff shall file an amended complaint no later than July 1, 2016;
2. Defendants' motion to dismiss the amended complaint shall be filed on or before July 29, 2016.
3. The CMC shall be rescheduled to October 14, 2016 at 2:30 p.m., or such subsequent date that is convenient for the Court.
POMERANTZ LLP
/s/Jeremy A. Lieberman
___________________________________________
Jeremy A. Lieberman (Pro Hac Vice)
J. Alexander Hood II (Pro Hac Vice)
Marc C. Gorrie
600 Third Avenue, 20th Floor
New York, New York 10016
Telephone: 212-661-1100
Facsimile: 212-661-8665
POMERANTZ LLP
Jennifer Pafiti (SBN 282790)
468 North Camden Drive
Beverly Hills, CA 90210
Telephone: (818) 532-6499
E-mail: jpafiti@pomlaw.com
POMERANTZ LLP
Patrick V. Dahlstrom
10 South LaSalle Street, Suite 3505
Chicago, IL 60603
Telephone: 312-377-1181
Facsimile: 312-377-1184
GLANCY PRONGAY & MURRAY LLP
Lionel Z. Glancy (SBN #134180)
Robert V. Prongay (SBN #270796)
Casey E. Sadler (SBN #274241)
Lesley F. Portnoy (SBN #304851)
Leanne H. Solish (SBN #280297)
1925 Century Park East, Suite 2100
Los Angeles, California 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
Email: rprongay@glancylaw.com
Co-Lead Counsel for Plaintiffs
MORRISON & FOERSTER LLP
/s/Ryan M. Keats
____________________________________
Jordan Eth
Anna Erickson White
Ryan M. Keats
425 Market Street
San Francisco, CA 94105
Telephone: 415-268-7000
Facsimile: 415-268-7522
Counsel for Defendants
FITBIT INC., JAMES PARK,
and WILLIAM R. ZERELLA
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED:
1. Lead Plaintiff shall file an amended complaint no later than July 1, 2016;
2. Defendants' motion to dismiss the amended complaint shall be filed on or before July 29, 2016.
3. The CMC shall be rescheduled to October 14, 2016 at 2:30 p.m.
ATTESTATION
I, Ryan M. Keats, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] SCHEDULING ORDER. In compliance with Civil L.R. 5-1, I hereby attest that Jeremy A. Lieberman concurred in this filing.
/s/Ryan M. Keats
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