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In re Vocera Communications, Inc. Securities Litigation

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Aug 15, 2014
3:13-cv-03567 EMC ACTION (N.D. Cal. Aug. 15, 2014)

Opinion

          SHAWN A. WILLIAMS ROBBINS GELLER RUDMAN & DOWD LLP San Francisco, California, Liaison Counsel for Lead Plaintiffs

          JONATHAN GARDNER (pro hac vice) LABATON SUCHAROW LLP New York, New York, Lead Counsel for Lead Plaintiffs Baltimore County Employees' Retirement System and Arkansas Teacher Retirement System

          FENWICK & WEST LLP Jennifer C. Bretan, Esq. San Francisco, California, Attorneys for Vocera Communications, Inc., Robert J. Zollars, Brent D. Lang, Martin J. Silver, William R. Zerella, Brian D. Ascher, John B. Grotting, Jeffrey H. Hillebrand, Howard E. Janzen, John N. McMullen, Hany M. Nada, and Donald F. Wood.

          SIMPSON THACHER & BARTLETT LLP Simona G. Strauss, Esq. Palo Alto, CA Attorneys for Defendants J.P. Morgan Securities LLC, Piper Jaffray & Co., Robert W. Baird & Co. Incorporated, William Blair & Company, L.L.C., Wells Fargo Securities, LLC, and Leerink Partners LLC.


          STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE FOR FILING OF CONSOLIDATED COMPLAINT AND RESPONSIVE MOTION(S) AND CONTINUING CASE MANAGEMENT CONFERENCE AS MODIFIED

          EDWARD M. CHEN, District Judge.

         WHEREAS, the above-captioned consolidated action is a proposed class action alleging violations of the federal securities laws against Vocera Communications, Inc., certain individual officers and directors of the Company, and certain investment banks that served as underwriters in connection with the Company's initial public offering (collectively, "Defendants");

         WHEREAS, on July 30, 2014, the Court issued an order granting in part Lead Plaintiffs' Confidentiality Motion (the "Confidentiality Order") (ECF No. 73) and ordered, inter alia, that (i) Lead Plaintiffs may use the documents at issue in the Confidentiality Motion subject to a protective order (the form of which is to be agreed to by the parties) and to claims of privilege, (ii) Vocera shall provide the documents and a privilege log for any redactions to Lead Counsel within 21 days of the date of the Confidentiality Order, and (iii) Lead Plaintiffs' consolidated class action complaint is due 21 days after the production of the documents and privilege log by Vocera;

         WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, Pub.L. No. 104-67, 109 Stat. 737 (1995) (the "Reform Act"), unless otherwise ordered by the Court, discovery in this action is stayed during the pendency of any motion to dismiss (15 U.S.C. § 78u-4(b)(3)(B));

         WHEREAS, Lead Plaintiffs represent that during the pendency of the Confidentiality Motion, they suspended their investigation with respect to former Vocera employees while awaiting guidance from the Court on the issues raised in the Confidentiality Motion;

         WHEREAS, now that the Confidentiality Motion has been resolved, the Parties have conferred regarding a schedule for the filing of the consolidated complaint and motion(s) to dismiss and therefore respectfully submit that good cause exists (i) to enter a briefing schedule for the filing of a consolidated complaint and motion(s) to dismiss; and (ii) to vacate the existing September 18, 2014 initial case management conference and associated ADR deadlines until and unless such time as the consolidated complaint has been filed and this matter survives any motion(s) to dismiss.

         IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between the undersigned counsel for the parties, that:

i. Lead Plaintiffs shall file the consolidated complaint 30 days after the production of the documents and privilege log by Vocera; Defendants shall file their motion(s) to dismiss the consolidated complaint 45 days after the filing of the consolidated complaint; Lead Plaintiffs shall file their opposition 14 days after the filing of Defendants' motion(s) to dismiss; and Defendants shall file their reply 7 days after the filing of Lead Plaintiffs' opposition. All motions to dismiss shall be noticed for hearing on the same day and in accordance with Civil L.R. 7-2.

ii. Pursuant to Civil L.R. 16-2, the Initial Case Management Conference scheduled for September 18, 2014 shall be vacated, along with any associated deadlines under the Federal Rules of Civil Procedure and Local Rules. The Initial Case Management Conference will be held at the same time and day as the hearing for the motions to dismiss.

         Pursuant to Pursuant to Civil Local Rule 5-1(i)(3), all signatories concur in filing this stipulation.

         ORDER AS MODIFIED

         PURSUANT TO STIPULATION, IT IS SO ORDERED.


Summaries of

In re Vocera Communications, Inc. Securities Litigation

United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division
Aug 15, 2014
3:13-cv-03567 EMC ACTION (N.D. Cal. Aug. 15, 2014)
Case details for

In re Vocera Communications, Inc. Securities Litigation

Case Details

Full title:IN RE VOCERA COMMUNICATIONS, INC. SECURITIES LITIGATION This Document…

Court:United States District Court, Ninth Circuit, California, N.D. California, San Francisco Division

Date published: Aug 15, 2014

Citations

3:13-cv-03567 EMC ACTION (N.D. Cal. Aug. 15, 2014)