Opinion
2:20-cv-01209-JCM-NJK
01-25-2023
IN RE PLAYAGS, INC. SECURITIES LITIGATION
KIRK B. LENHARD, ESQ. Nevada Bar No. 1437 BROWNSTEIN HYATT FARBER SCHRECK, LLP DOUGLAS W. GREENE, ESQ. (admitted pro hac vice) BAKER & HOSTETLER LLP Attorneys for Defendants PLAYAGS, INC., DAVID LOPEZ, KIMO AKIONA, DAVID SAMBUR, DANIEL COHEN, ERIC PRESS, YVETTE LANDAU, ADAM CHIBIB, AND GEOFF FREEMAN KEMP JONES, LLP Don Springmeyer (SBN 1021) Liaison Counsel for the Proposed Class LABATON SUCHAROW LLP Jonathan Gardner (pro hac vice forthcoming) Alfred L. Fatale III (admitted pro hac vice) Jeffrey A. Dubbin (admitted pro hac vice) Joseph Cotilletta (pro hac vice forthcoming) Marco A. Dueñas (pro hac vice forthcoming) Lisa Strejlau (admitted pro hac vice) Counsel for Lead Plaintiff and Lead Counsel for the Proposed Class
JOINT STIPULATION AND ORDER EXTENDING THE BRIEFING SCHEDULES FOR AGS AND THE EXECUTIVE DEFENDANTS' (1) MOTION FOR JUDGMENT ON THE PLEADINGS AND (2) MOTION TO TEMPORARILY STAY DISCOVERY
(First Request)
KIRK B. LENHARD, ESQ. Nevada Bar No. 1437 BROWNSTEIN HYATT FARBER SCHRECK, LLP DOUGLAS W. GREENE, ESQ. (admitted pro hac vice) BAKER & HOSTETLER LLP Attorneys for Defendants PLAYAGS, INC., DAVID LOPEZ, KIMO AKIONA, DAVID SAMBUR, DANIEL COHEN, ERIC PRESS, YVETTE LANDAU, ADAM CHIBIB, AND GEOFF FREEMAN
KEMP JONES, LLP Don Springmeyer (SBN 1021) Liaison Counsel for the Proposed Class
LABATON SUCHAROW LLP Jonathan Gardner (pro hac vice forthcoming) Alfred L. Fatale III (admitted pro hac vice) Jeffrey A. Dubbin (admitted pro hac vice) Joseph Cotilletta (pro hac vice forthcoming) Marco A. Dueñas (pro hac vice forthcoming) Lisa Strejlau (admitted pro hac vice) Counsel for Lead Plaintiff and Lead Counsel for the Proposed Class
STIPULATION
Defendants PLAYAGS, INC. (“AGS”), and DAVID LOPEZ and KIMO AKIONA (the “Executive Defendants”), and Court appointed Lead Plaintiff OKLAHOMA POLICE PENSION AND RETIREMENT SYSTEM (“Lead Plaintiff,” and together with AGS and the Executive Defendants, the “Parties”) jointly submit this Stipulation and Proposed Order Extending the Briefing Schedules for AGS and the Executive Defendants' (1) Motion for Judgment on the Pleadings and (2) Motion to Temporarily Stay Discovery, and in support thereof state as follows:
WHEREAS, on March 25, 2021, Lead Plaintiff filed the operative Second Amended Consolidated Class Action Complaint (Dkt. #60; the “SAC”);
WHEREAS, on May 24, 2021, all defendants in the action, including AGS and the Executive Defendants, filed motions to dismiss the SAC (Dkts. #69-72);
WHEREAS, on December 2, 2022, the Court issued an opinion (Dkt. #95; the “Opinion”) granting in part the defendants' motions to dismiss, denying dismissal with respect to Lead Plaintiff's scheme liability claim under Section 10(b) and Rule 10b-5 against AGS and the Executive Defendants, and granting Lead Plaintiff leave to amend within 30 days;
WHEREAS, on January 3, 2023, Lead Plaintiff filed a notice of intent not to amend the SAC (Dkt. #96);
WHEREAS, on January 4, 2023, the Honorable Nancy J. Koppe ordered the parties to file a joint discovery plan by January 25, 2023 (Dkt. #97);
WHEREAS, on January 17, 2023, AGS and the Executive Defendants filed their Answer (Dkt. #98), a Motion for Judgment on the Pleadings (Dkt. #99), and a Motion to Temporarily Stay Discovery pending resolution of the Motion for Judgment on the Pleadings (Dkt. #100);
WHEREAS, Lead Plaintiff opposes both Motions;
WHEREAS, the Parties are concurrently filing a joint stipulation and proposed order seeking adjournment of the January 25, 2023 deadline to file a joint discovery plan until after AGS and the Executive Defendants' Motion to Temporarily Stay Discovery has been resolved; and WHEREAS, the Parties have met and conferred regarding this stipulation, and in the interests of orderly facilitation of this case and the avoidance of unnecessary motion practice:
IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the Parties, subject to the Court's approval, as follows:
1. In the interests of providing the Court with fuller argument on the potentially dispositive Motion for Judgment on the Pleadings, and to keep briefing for the related Motion to Temporarily Stay Discovery proceeding in parallel with the Motion for Judgment on the Pleadings, the Parties agree that the following briefing schedule should apply to both Motions;
2. Lead Plaintiff shall file its Oppositions to the Motion for Judgment on the Pleadings and the Motion to Temporarily Stay Discovery on or before February 17, 2023; and
3. AGS and the Executive Defendants, together, shall file their Replies in further support of their Motion for Judgment on the Pleadings and their Motion to Temporarily Stay Discovery on or before March 3, 2023.
This is the Parties' first stipulated request to extend the briefing schedules for AGS and the Executive Defendants' Motion for Judgment on the Pleadings and their Motion to Temporarily Stay Discovery in the above-referenced action.
ORDER
IT IS SO ORDERED.