Opinion
4:19-cv-05153-YGR 4:19-cv-05863-YGR 4:19- cv-05881-YGR 4:19- cv-08246- YGR
03-27-2023
IN RE APPLE INC. STOCKHOLDER DERIVATIVE LITIGATION This Document Relates To: ALL ACTIONS.
ORRICK, HERRINGTON & SUTCLIFFE LLP JAMES N. KRAMER ALEXANDER K. TALARIDES The Orrick Building Counsel for Nominal Defendant Apple Inc. WEISSLAW LLP JOEL E. ELKINS WEISSLAW LLP DAVID C. KATZ MARK D. SMILOW JOSHUA RUBIN ROBBINS LLP BRIAN J. ROBBINS CRAIG W. SMITH SHANE P. SANDERS Co-Lead Counsel for Plaintiffs
ORRICK, HERRINGTON & SUTCLIFFE LLP JAMES N. KRAMER ALEXANDER K. TALARIDES The Orrick Building Counsel for Nominal Defendant Apple Inc.
WEISSLAW LLP JOEL E. ELKINS WEISSLAW LLP DAVID C. KATZ MARK D. SMILOW JOSHUA RUBIN ROBBINS LLP BRIAN J. ROBBINS CRAIG W. SMITH SHANE P. SANDERS Co-Lead Counsel for Plaintiffs
STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULE
HONORABLE YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE
Plaintiffs Terrence Zehrer, Andrew Fine, Tammy Federman SEP/IRA, and the Rosenfeld Family Foundation (collectively “Plaintiffs”), and nominal defendant Apple Inc. (“Apple”), by and through their undersigned counsel, stipulate as follows:
WHEREAS, the Court previously entered orders, pursuant to stipulations submitted by the parties, temporarily staying this action pending further developments in the consolidated securities fraud class action captioned In re Apple Inc. Securities Litigation, No. 4:19-cv-02033-YGR (N.D. Cal.) (see Dkt. Nos. 43, 47, 49, 51, and 53);
WHEREAS, the most recently-entered stay expired on February 1, 2023 (see Dkt. No. 53);
WHEREAS, pursuant to paragraph 6 of the most recently-entered stipulation to stay this action (id.), the parties have now met and conferred concerning a proposed schedule for further proceedings;
WHEREAS, the parties agree it will preserve judicial and party resources to first brief and determine the issue of Plaintiffs' standing to assert claims derivatively on behalf of Apple, before any briefing takes place on motions raising substantive issues concerning Plaintiffs' claims pursuant to Federal Rule of Civil Procedure 12(b)(6);
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties, through their respective counsel of record, as follows:
1. On or before May 19, 2023, Plaintiffs shall either (a) file a Consolidated Complaint; or (b) file a notice designating one of the existing Complaints in this action as the operative Consolidated Complaint.
2. Nominal Defendant Apple shall file its anticipated motion to dismiss (“Apple's MTD”) no later than June 19, 2023.
3. Plaintiffs shall file an opposition to Apple's MTD no later than August 3, 2023.
4. Nominal Defendant Apple shall file a reply brief in support of Apple's MTD no later than August 24, 2023.
5. A hearing on Apple's MTD shall be set for October 3, 2023, at 2 p.m., or at a later date and time convenient to the Court.
6. The Individual Defendants shall not be required to answer or otherwise respond to the operative complaint pending the Court's ruling on Apple's MTD.
7. In the event Apple's MTD is denied, counsel will, within 10 days, meet and confer regarding a proposed schedule in connection with the Individual Defendants' response to the operative complaint, and will file a stipulation with the Court regarding the same.
8. By entering into this stipulation, the parties do not waive any rights or defenses not specifically addressed herein.
I, James N. Kramer, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Schedule. In compliance with Civil L.R. 5-1(i), I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories.
PURSUANT TO STIPULATION, IT IS SO ORDERED.