Opinion
2:22-cv-01159-RFB-NJK
08-05-2022
CHRISTIAN A. FELIPE, individually as administrator of the CHRISTIAN A. FELIPE CONTRIBUTORY IRA, and on Behalf of Similarly Situated Persons, Plaintiff, v. PLAYSTUDIOS, INC., a Delaware corporation; ANDREW PASCAL, an individual; and DOES 1 through 100, inclusive, Defendants.
MUEHLBAUER LAW OFFICE, LTD. Andrew R. Muehlbauer, Esq. POMERANTZ LLP Jeremy A. Lieberman, Esq. (admitted pro hac vice) Attorneys for Lead Plaintiff and Lead Counsel for the Proposed Class SNELL & WILMER L.L.P. Patrick G. Byrne, Esq. Bradley T. Austin, Esq. FENWICK & WEST LLP Dean S. Kristy, Esq. (admitted pro hac vice) Jennifer Bretan, Esq. (admitted pro hac vice) Sofia Ritala, Esq. (admitted pro hac vice) Attorneys for Defendants PLAYSTUDIOS, Inc. and Andrew Pascal
MUEHLBAUER LAW OFFICE, LTD.
Andrew R. Muehlbauer, Esq.
POMERANTZ LLP
Jeremy A. Lieberman, Esq.
(admitted pro hac vice)
Attorneys for Lead Plaintiff and Lead Counsel for the Proposed Class
SNELL & WILMER L.L.P.
Patrick G. Byrne, Esq.
Bradley T. Austin, Esq.
FENWICK & WEST LLP
Dean S. Kristy, Esq. (admitted pro hac vice)
Jennifer Bretan, Esq. (admitted pro hac vice)
Sofia Ritala, Esq. (admitted pro hac vice)
Attorneys for Defendants PLAYSTUDIOS, Inc. and Andrew Pascal
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR FILING AN AMENDED COMPLAINT AND RESPONSES THERETO
Lead Plaintiff The Phoenix Insurance Company Ltd. and The Phoenix Provident Pension Fund Ltd. (“Phoenix”) and Defendants PLAYSTUDIOS, Inc. and Andrew Pascal (collectively, “Defendants” and, with Lead Plaintiff, the “Parties”) stipulate as follows:
WHEREAS, on April 5, 2022, a complaint was filed in the United States District Court for the Northern District of California alleging violations of the securities laws on behalf of a putative class of stockholders (the “Action”);
WHEREAS, the Action is subject to the Private Securities Litigation Reform Act of 1995, Pub. L. No. 104-67, 109 Stat. 737 (1995) (the “Reform Act”), which sets forth specialized procedures for the administration of securities class actions, including appointment of a lead plaintiff, and approval of its selection of lead counsel, to act on behalf of a purported class;
WHEREAS, under the Reform Act, all discovery is stayed during the pendency of any motion to dismiss (and all case management and associated deadlines in the Action have been stayed, accordingly) (ECF No. 19);
WHEREAS, following a contested lead plaintiff process, on July 12, 2022, the Honorable Judge Vince Chhabria of the United States District Court for the Northern District of California appointed Phoenix as Lead Plaintiff and approved its selection of Pomerantz LLP as lead counsel;
WHEREAS, the parties thereafter stipulated to transfer this case to the District of Nevada, Southern Division, and upon transfer, to meet and confer and submit to the Court a proposed schedule for Lead Plaintiff to file an amended complaint and for Defendants' responses thereto and associated briefing (ECF No. 47), which transfer order issued on July 18, 2022 (ECF No. 48);
WHEREAS, on July 20, 2022, the Action was transferred to this Court and assigned to the Honorable Judge Richard F. Boulware, II and Magistrate Judge Nancy J. Koppe;
WHEREAS, the Parties having conferred on scheduling matters;
NOW THEREFORE, IT IS STIPULATED AND AGREED, subject to the Court's approval, that:
i. Lead Plaintiff shall file an amended complaint by October 4, 2022 (60 days from the submission of this stipulation). The amended complaint will supersede the existing complaint in the Action, and Defendants are not required to respond to any
complaint filed prior to the amended complaint;
ii. The deadline for Defendants to move, answer, or otherwise respond to the amended complaint is December 5, 2022;
iii. In the event that Defendants move to dismiss the amended complaint, Lead Plaintiff shall file any opposition to Defendants' motion(s) no later than February 3, 2023;
v. In the event that Defendants move to dismiss the amended complaint, Defendants shall file any replies to Lead Plaintiff's opposition(s) to the motion(s) to dismiss no later than March 21, 2023.
IT IS SO ORDERED.