Opinion
Robbins Umeda LLP, Brian J. Robbins (190264), Craig W. Smith (164886), Shane P. Sanders (237146), Gina Stassi (261263), Counsel for Plaintiff Iron Workers Mid-South Pension Fund and [Proposed] Co-Lead Counsel for Plaintiffs.
Johnson & Weaver, LLP, Frank J. Johnson (174882), Brett M. Weaver (204715), Shawn E. Fields (255267), Counsel for Plaintiff Iron Workers Mid-South Pension Fund and [Proposed] Co-Lead Counsel for Plaintiffs.
The Weiser Law Firm, P.C., Kathleen A. Herkenhoff (168562), 12707 High Bluff Drive, Robert B. Weiser, Brett D. Stecker, Jeffrey J. Ciarlanto, Joseph M. Profy, Counsel for Plaintiff Yahia Tawila and [Proposed] Co-Lead Counsel for Plaintiffs.
Law Offices of David N. Lake, David N. Lake, Law Offices of Kenneth A. Elan, Kenneth A. Elan, 217 Broadway, Roy Jacobs & Associates, Roy L. Jacobs, Counsel for Plaintiff Debra Salzman.
Morrison & Foerster LLP, Mark R.S. Foster (223682), Jordan ETH (121617), Anna Erickson White (161385), Counsel for Nominal Defendant Yahoo, Inc., Carol A. Bartz, Jerry Yang, Roy Bostock, Patti Hart, Susan James, Vyomesh Joshi, David Kenny, Arthur Kern, Brad Smith, and Gary Wilson.
[PROPOSED] ORDER CONSOLIDATING THE RELATED ACTIONS, APPOINTING CO-LEAD COUNSEL, AND CONCERNING RELATED MATTERS THEREON
CHARLES R. BREYER, District Judge.
For good cause appearing, the Court HEREBY ORDERS:
1. The following shareholder actions are currently pending in this Court on behalf of Nominal Defendant Yahoo! Inc. ("Yahoo" or the "Company") are hereby related and consolidated for pre-trial proceedings (the "Consolidated Action"):
Abbreviated Case Name Case Number Date Filed Salzman v. Bartz, et al. 3:11-CV-03269-CRB July 1, 2011 Tawila v. Bartz et al. 3:11-CV-03301-CRB July 6, 2011 Iron Workers Mid-South Pension Fund v. Bartz et al. 3:11-CV-03302-CRB July 6, 2011
2. Every pleading filed in the Consolidated Action, or in any separate action included herein, shall bear the following caption:
3. When a pleading or other court paper filed in the Consolidated Action is intended to apply to all actions therein, the words "All Actions" shall appear immediately after the words "This Document Relates To:" in the caption set forth above. When a pleading or other court paper is intended to be applicable only to one, or some, but not all of such actions, the party filing the document shall indicate the action(s) to which the document is intended to be applicable by last name of the named plaintiff(s) and the docket number(s). The files of the Consolidated Actions shall be maintained in one file under Master Docket No. 3:11-CV-03269-CRB.
4. Co-Lead Counsel for Plaintiffs for the conduct of the Consolidated Action are:
Robbins Umeda LLP Brian J. Robbins (190264) Craig W. Smith (164886) Shane P. Sanders (237146) Gina Stassi (261263) 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: (619) 525-3990 Facsimile: (619) 525-3991 brobbins@robbinsumeda.com csmith@robbinsumeda.com ssanders@robbinsumeda.com gstassi@robbinsumeda.com Johnson & Weaver, LLP Frank J. Johnson (174882) Brett M. Weaver (204715) Shawn E. Fields (255267) 110 West "A" Street, Suite 750 San Diego, CA 92101 Telephone: (619) 230-0063 Facsimile: (619) 255-1856 frankj@johnsonandweaver.com brettw@johnsonandweaver.com shawnf@johnsonandweaver.com The Weiser Law Firm, P.C. Kathleen A. Herkenhoff (168562) 12707 High Bluff Drive, Suite 200 San Diego, CA 92130 Telephone: (858) 794-1441 Facsimile: (858) 794-1450 kah@weiserlawfirm.com The Weiser Law Firm, P.C. Robert B. Weiser Brett D. Stecker Jeffrey J. Ciarlanto Joseph M. Profy 121 N. Wayne Avenue, Suite 100 Wayne, PA 19087 Telephone: (610) 225-2677 Facsimile: (610) 225-2678 rw@weiserlawfirm.com bds@weiserlawfirm.com jjc@weiserlawfirm.com jmp@weiserlawfim.com
5. Plaintiffs' Co-Lead Counsel shall have authority to speak for Plaintiffs in matters regarding pre-trial procedure, trial, and settlement negotiations and shall make all work assignments in such manner as to facilitate the orderly and efficient prosecution of the Consolidated Action and to avoid duplicative or unproductive effort.
6. Plaintiffs' Co-Lead Counsel shall be responsible for coordinating all activities and appearances on behalf of plaintiffs in the Consolidated Action. No motion, request for discovery, or other pre-trial or trial proceedings shall be initiated or filed by any plaintiff in the Consolidated Action except through Plaintiffs' Co-Lead Counsel.
7. Defendants' counsel may rely upon all agreements made with either of Plaintiffs' Co-Lead Counsel, or other duly authorized representative of Plaintiffs' Co-Lead Counsel, and such agreements shall be binding on all plaintiffs in the Consolidated Action, and on plaintiffs in all other actions that are pending in, transferred to, or removed to, this Court that are related to, and consolidated with, the Consolidated Action.
8. This Order shall apply to each case, arising out of the same or substantially the same transactions or events as these cases, which is subsequently filed in, removed to, or transferred to this Court.
9. When a case which properly belongs as part of the In re YAHOO! Inc. Shareholder Derivative Litigation, Master Docket No. 3:11-CV-03269-CRB, is hereafter filed in, transferred to, or removed to, this Court, this Court requests the assistance of Co-Lead Counsel in filing a Notice of Pendency of Other Action or Proceeding (L.R. 3-13) (the "Notice") to call in to the attention of the clerk of the Court the filing, transfer or removal of any case which might properly be consolidated as part of the In re YAHOO! Inc. Shareholder Derivative Litigation, Master Docket No. 3:11-CV-03269-CRB, and Co-Lead Counsel are to assist in assuring that plaintiffs and their counsel in subsequent actions (the "Later Filed Plaintiff(s)") receive notice of this Order. Within the time period set forth in L.R. 3-13(c) and (d) following service of this Order and the Notice upon the Later Filed Plaintiff(s), this Court shall, if it determines appropriate to do so, enter an order consolidating the action by the Later Filed Plaintiff(s) with the Consolidated Action.
10. The October 14, 2011 hearing on the competing lead plaintiff/lead counsel and consolidation motions (including the September 30, 2011 date to submit reply briefs) is vacated.
IT IS SO ORDERED.
CERTIFICATE OF SERVICE
I hereby certify that on October 3, 2011, I authorized the electronic filing of the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List. I also certify that I caused to be mailed the foregoing document or paper via the United States Postal Service to the CM/ECF participants indicated on the attached Manual Notice List that are noted by a single asterisk (*).
In Pro PerI certify under the penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on October 3, 2011.