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Harper v. Smart Technologies, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Jan 31, 2012
Case No. 11 CV 5232 (SBA) (N.D. Cal. Jan. 31, 2012)

Summary

In Harper v. Smart Technologies, Inc., Ms. Sara B. Brody served as co-counsel representing the defendants in a securities fraud class action that alleged solely Securities Act claims. 2012 WL 12505217, at *1.

Summary of this case from Iron Workers Mid-South Pension Fund v. TerraForm Global, Inc.

Opinion

Case No. 11 CV 5232 (SBA)

01-31-2012

THOMAS E. HARPER and DIANE KEENE, Individually and On Behalf of All Others Similarly Situated, Plaintiffs, v. SMART TECHNOLOGIES, INC., DAVID A. MARTIN, NANCY L. KNOWLTON, G.A. FITCH, SALIM NATHOO, ARVIND SODHANI, INTEL CORPORATION, APAX PARTNERS, MORGAN STANLEY & CO. INC., DEUTSCHE BANK AG, and RBC DOMINION SECURITIES INC, Defendants.

SIDLEY AUSTIN LLP Andrew W. Stern Attorneys for Defendants SMART TECHNOLOGIES INC., DAVID A. MARTIN, NANCY L. KNOWLTON, G.A. FITCH, SALIM NATHOO, ARVIND SODHANI, and APAX PARTNERS GIBSON, DUNN & CRUTCHER LLP Paul J. Collins Attorneys for Defendant INTEL CORPORATION MILBANK, TWEED, HADLEY & MCCLOY LLP By: Jerry L. Marks Jerry L. Marks Attorneys for Defendants MORGAN STANLEY & CO. LLC (F/K/A MORGAN STANLEY & CO. INC.), DEUTSCHE BANK AG, and RBC DOMINION SECURITIES INC. SCOTT & SCOTT LLP Anne L. Box Attorneys for Plaintiffs THOMAS E. HARPER and DIANNE KEENE


Sara B. Brody (SBN 130222)

SIDLEY AUSTIN LLP

Andrew W. Stern (admitted pro hac)

SIDLEY AUSTIN LLP

Attorneys for Defendants SMART Technologies Inc.,

David A. Martin, Nancy L. Knowlton, G.A. Fitch,

Salim Nathoo, Arvind Sodhani, and Apax Partners

[Counsel for Additional Parties

Listed on Signature Page]

Assigned to: Hon. Saundra Brown Armstrong


STIPULATION AND ORDER RESCHEDULING INITIAL CASE

MANAGEMENT CONFERENCE AND FILING OF JOINT CASE MANAGEMENT

STATEMENT

Pursuant to Civil Local Rule 6-2 and this Court's Standing Orders, Defendants SMART Technologies Inc., David A. Martin, Nancy L. Knowlton, G.A. Fitch, Salim Nathoo, Arvind Sodhani, Intel Corporation, Apax Partners, Morgan Stanley & Co. LLC (f/k/a Morgan Stanley & Co. Inc.), Deutsche Bank AG, and RBC Dominion Securities Inc. ("Defendants"), and Plaintiffs Thomas E. Harper and Dianne Keene ("Plaintiffs") (together, the "Parties"), by and through their respective counsel of record, hereby submit the following Stipulation and accompanying Declaration.

WHEREAS, the Parties' initial Case Management Conference is scheduled for February 9, 2012;

WHEREAS, in accordance with the Court's Standing Orders, the Parties must jointly submit a Case Management Statement at least ten (10) days before the date of the Case Management Conference;

WHEREAS, on December 16, 2011, the Parties completed briefing on Defendants' Motion to Transfer this action or in the alternative Dismiss or Stay this action and Strike the Class Allegations;

WHEREAS, on December 16, 2011, the Parties completed briefing on Plaintiffs' Motion to Remand this action (together with Defendants' Motion, the "Motions");

WHEREAS, the Motions remain pending, with this Court scheduled to hear argument on the Motions on March 13, 2012 at 1:00 P.M.;

WHEREAS, the resolution of either or both of the Motions potentially will divest this Court of jurisdiction over the instant action;

WHEREAS, Plaintiffs and Defendants have conferred and agree that, under the circumstances, deferring the Case Management Conference and submission of a joint Case Management Statement until after the Court has resolved the Motions will conserve resources of the parties and this Court;

THEREFORE, Plaintiffs and Defendants, by and through their respective counsel, hereby stipulate as follows:

1. The Parties' initial Case Management Conference shall be rescheduled for a date after the Court's resolution of the Motions that is convenient to the Court;
2. The Parties shall submit a joint Case Management Statement ten (10) days prior to the rescheduled date of the initial Case Management Conference.

SIDLEY AUSTIN LLP

By: Andrew W. Stern

Andrew W. Stern

Attorneys for Defendants SMART

TECHNOLOGIES INC., DAVID A. MARTIN,

NANCY L. KNOWLTON, G.A. FITCH,

SALIM NATHOO, ARVIND SODHANI, and

APAX PARTNERS

GIBSON, DUNN & CRUTCHER LLP

By: Paul J. Collins

Paul J. Collins

Attorneys for Defendant

INTEL CORPORATION

MILBANK, TWEED, HADLEY

& MCCLOY LLP

By: Jerry L. Marks

Jerry L. Marks

Attorneys for Defendants MORGAN STANLEY

& CO. LLC (F/K/A MORGAN STANLEY & CO.

INC.), DEUTSCHE BANK AG, and RBC

DOMINION SECURITIES INC.

SCOTT & SCOTT LLP

By: Anne L. Box

Anne L. Box

Attorneys for Plaintiffs

THOMAS E. HARPER and DIANNE KEENE

SIGNATURE ATTESTATION

Pursuant to General Order No. 45(X)(B), I hereby attest that I have on file written permission to sign this joint motion from all parties whose signatures are indicated by a conformed signature (/s/) within this e-filed document.

Andrew W. Stern

ORDER

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.

____________________________

The Honorable Saundra Brown Armstrong

United States District Court


Summaries of

Harper v. Smart Technologies, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Jan 31, 2012
Case No. 11 CV 5232 (SBA) (N.D. Cal. Jan. 31, 2012)

In Harper v. Smart Technologies, Inc., Ms. Sara B. Brody served as co-counsel representing the defendants in a securities fraud class action that alleged solely Securities Act claims. 2012 WL 12505217, at *1.

Summary of this case from Iron Workers Mid-South Pension Fund v. TerraForm Global, Inc.

In Harper v. Smart Technologies, Inc., Ms. Sara B. Brody served as co-counsel representing the defendants in a securities fraud class action that alleged solely Securities Act claims. 2012 WL 12505217, at *1.

Summary of this case from Patel v. TerraForm Global, Inc.
Case details for

Harper v. Smart Technologies, Inc.

Case Details

Full title:THOMAS E. HARPER and DIANE KEENE, Individually and On Behalf of All Others…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Date published: Jan 31, 2012

Citations

Case No. 11 CV 5232 (SBA) (N.D. Cal. Jan. 31, 2012)

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