Opinion
C11-02448-EMC. No. C11-02448-EMC (NC) Lead Case No. C11-3176-EMC (NC)
05-02-2013
CURTIS AND CHARLOTTE WESTLEY, Individually and on Behalf of All Others Similarly Situated, Plaintiffs, v. OCLARO, INC., et al., Defendants. In re OCLARO, INC. DERIVATIVE LITIGATION This Document Relates To: Westley v. Oclaro, Inc., et al.
Gidon M. Caine (Cal. State Bar No. 188110) ALSTON & BIRD LLP Jessica P. Corley (admitted pro hac vice ) Andrew T. Sumner (admitted pro hac vice ) ALSTON & BIRD LLP Attorneys for Defendants OCLARO, INC., ALAIN COUDER, JERRY TURIN, and JAMES HAYNES Shawn A. Williams (213113) Sunny S. Sarkis (258073) ROBBINS GELLER RUDMAN & DOWD LLP Julie A. Kearns ROBBINS GELLER RUDMAN & DOWD LLP Lead Counsel for Plaintiffs
Gidon M. Caine (Cal. State Bar No. 188110)
ALSTON & BIRD LLP
Jessica P. Corley (admitted pro hac vice)
Andrew T. Sumner (admitted pro hac vice)
ALSTON & BIRD LLP
Attorneys for Defendants
OCLARO, INC., ALAIN COUDER,
JERRY TURIN, and JAMES HAYNES
Shawn A. Williams (213113)
Sunny S. Sarkis (258073)
ROBBINS GELLER RUDMAN & DOWD
LLP
Julie A. Kearns
ROBBINS GELLER RUDMAN & DOWD
LLP
Lead Counsel for Plaintiffs
and related consolidated action
(Lead Case No. C11-3176-EMC)
(Derivative Action)
STIPULATION AND [PROPOSED] ORDER PARTIALLY STAYING MATTER
WHEREAS, on May 19, 2011, plaintiffs Curtis and Charlotte Westley filed a complaint (Dkt. No. 1) against defendants Oclaro, Inc., Alain Couder, Jerry Turin, and James Haynes;
WHEREAS, on September 12, 2011, this Court issued an Order Granting Connecticut Laborers' Pension Fund's Motion for Appointment as Lead Plaintiff and Approval of Selection of Counsel;
WHEREAS, on April 27, 2012, lead plaintiff filed a Second Amended Complaint for Violations of the Federal Securities Laws ("SAC");
WHEREAS, on September 21, 2012, this Court issued an Order Granting Defendants' Motion to Dismiss the Second Amended Complaint;
WHEREAS, on January 10, 2013, this Court issued an Order Granting in Part and Denying in Part Plaintiffs' Motion for Leave to File Motion for Reconsideration finding that the SAC had adequately alleged claims arising from alleged false statements in May and June 2010 (Dkt. No. 107);
WHEREAS, on January 30, 2013, this Court entered a minute order, that inter alia limited discovery to the issue of scienter with respect to certain statements and setting a discovery cutoff, a deadline for the filing of a Third Amended Complaint ("TAC"), briefing schedules in connection with defendants' motion to dismiss the TAC and defendants' motion for summary judgment with respect to scienter for the May and June statements, and an oral argument date for the motion for summary judgment (Dkt. No. 111);
WHEREAS, on March 1, 2013, lead plaintiff filed a TAC (Dkt. No. 121);
WHEREAS, on April 1, 2013, defendants filed a motion to dismiss the TAC (Dkt. No. 130);
WHEREAS, oral argument on defendants' motion to dismiss the TAC is currently scheduled for May 16, 2013;
WHEREAS, on April 3, 2013, this Court ordered inter alia, that defendants to produce certain documents by April 24, 2013, and to make a witness or witnesses available for deposition to testify on topics defined in lead plaintiff's Rule 30(b)(6) deposition notice (Dkt. No. 138);
WHEREAS, the parties have agreed, subject to this Court's approval, to partially stay this matter, including discovery deadlines, until such time as this Court renders a decision on the motion to dismiss in order to obtain greater clarity on the ultimate scope of the litigation; and
WHEREAS, the parties enter this stipulation, not for the purposes of delay, but to efficiently manage this case going forward;
NOW THEREFORE, the undersigned parties, by and through their counsel of record, stipulate as follows:
1. All proceedings and deadlines in this matter are stayed, with the exception of proceedings related to the motion to dismiss the TAC, and the discovery to be produced on May 1, 2013, until after this Court decides defendants' motion to dismiss the TAC.
2. Unless otherwise agreed by the parties or ordered by this Court, the January 30, 2013 Order is hereby modified to provide that (i) the discovery cutoff shall be five weeks after this Court rules on defendants' motion to dismiss the TAC; (ii) defendants' summary judgment motion shall be filed no later than fourteen days after the discovery cutoff; and (iii) a hearing on the motion shall be set for the first Thursday on which Judge Chen is available, at 1:30 p.m., which is at least thirty-five days after the motion for summary judgment is filed. DATED: San Francisco, California
May 1, 2013
ROBBINS GELLER RUDMAN
& DOWD LLP
________________________
SHAWN A. WILLIAMS
SUNNY S. SARKIS
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: 415/288-4545
415/288-4534 (fax)
ROBBINS GELLER RUDMAN
& DOWD LLP
JULIE A. KEARNS
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: 619/231-1058
619/231-7423 (fax)
Lead Counsel for Plaintiffs
ROBERT M. CHEVERIE & ASSOCIATES
GREGORY S. CAMPORA
Commerce Center One
333 E. River Drive, Suite 101
East Hartford, CT 06108
Telephone: 860/290-9610
860/290-9611 (fax)
HOLZER HOLZER & FISTEL, LLC
MICHAEL I. FISTEL, JR.
200 Ashford Center North, Suite 300
Atlanta, GA 30338
Telephone: 770/392-0090
770/392-0029 (fax)
DYER & BERENS LLP
ROBERT J. DYER III
JEFFREY A. BERENS
303 East 17th Avenue, Suite 810
Denver, CO 80203
Telephone: 303/861-1764
303/395-0393 (fax)
Additional Counsel for Plaintiff DATED: Menlo Park, California
May 1, 2013
ALSTON & BIRD LLP
________________________
GIDON M. CAINE
275 Middlefield Road, Suite 150
Menlo Park, CA 94025-4008
Telephone: 650/838-2000
650/838-2001 (fax)
Jessica P. Corley (admitted pro hac vice)
Andrew T. Sumner (admitted pro hac vice)
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone: (404) 881-7000
Facsimile: (404) 881-7777
jessica.corley@alston.com
Attorneys for Defendants
SIGNATURE ATTESTATION
I am the ECF User whose identification and password are being used to file the foregoing STIPULATION AND [PROPOSED] ORDER STAYING DISCOVERY. Pursuant to General Order No. 45, Section X (B) regarding signatures, I, Gidon M. Caine, attest that concurrence in the filing of this document has been obtained.
________________________
GIDON M. CAINE (CAL. STATE BAR NO. 188110)
* * *
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
________________________
THE HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT JUDGE