Opinion
Lead Case No. 12-cv-04007-JSW c/w Case No. 12-CV-4048-JSW c/w Case No. 12-CV-4059-JSW c/w Case No. 12-CV-4064-JSW c/w Case No. 12-CV-4066-JSW c/w Case No. 12-CV-4133-JSW c/w Case No. 12-CV-4250-JSW
03-19-2013
IN RE ZYNGA INC. SECURITIES LITIGATION This Document Relates To: All Actions.
Joseph J. Tabacco, Jr. (SBN 75484) Christopher T. Heffelfinger (SBN 118058) Nicole Lavallee (SBN 165755) Victor Elias (SBN 262269) BERMAN DEVALERIO Jeffrey M. Norton (Admitted Pro Hac Vice ) Roy Shimon (Admitted Pro Hac Vice ) NEWMAN FERRARA LLP Co-Lead Counsel and Attorneys for Lead Plaintiff David Fee
Joseph J. Tabacco, Jr. (SBN 75484)
Christopher T. Heffelfinger (SBN 118058)
Nicole Lavallee (SBN 165755)
Victor Elias (SBN 262269)
BERMAN DEVALERIO
Jeffrey M. Norton (Admitted Pro Hac Vice)
Roy Shimon (Admitted Pro Hac Vice)
NEWMAN FERRARA LLP
Co-Lead Counsel and Attorneys for
Lead Plaintiff David Fee
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER REGARDING CASE
MANAGEMENT CONFERENCE AND
CORRESPONDING DATES
WHEREAS, on January 23, 2013, the Court appointed David Fee as Lead Plaintiff and approved Lead Plaintiff's selection of counsel, i.e., Newman Ferrara LLP and Berman DeValerio (ECF No. 110);
WHEREAS, on February 7, 2013, Lead Plaintiff's counsel and counsel for Defendants Zynga Inc., Mark Pincus, David M. Wehner, John Schappert, Mark Vranesh, Reginald D. Davis, Cadir B. Lee, William Gordon, Reid Hoffman, Jeffrey Katzenberg, Stanley J. Meresman, Sunil Paul, and Owen Van Natta (the "Zynga Defendants") submitted a Stipulation and Proposed order regarding Case Management Conference and corresponding dates applicable to all Defendants, which the Court granted on February 8, 2013 (ECF Nos. 111-112);
WHEREAS, pursuant to the February 8, 2013 Stipulation and Order, the Consolidated Complaint is currently to be filed no later than Friday, March 22, 2013;
WHEREAS, the February 8, 2013 Stipulation and Order thus provided Lead Plaintiff forty two (42) days from the date of its entry to file the Consolidated Complaint;
WHEREAS, on February 15, 2013, Lead Plaintiff's counsel served Defendants Morgan Stanley & Co., LLC, Goldman, Sachs & Co., J.P. Morgan Securities LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated, Barclays Capital Inc., and Allen & Company LLC (the "Underwriter Defendants") (see ECF Nos. 114-119);
WHEREAS, Lead Plaintiff's counsel states that they have engaged in ongoing investigations. Lead Plaintiff's counsel further states that a portion of their investigation time was devoted, in good faith, to resolving certain matters relating to a "Confidential Witness" with counsel for the Zynga Defendants, without the necessity of the Court's intervention. And Lead Plaintiff's counsel notes that the brief extension requested will not result in more than fifty four (54) days from entry of the February 8, 2013 Stipulation and Order setting the existing schedule;
WHEREAS, Lead Plaintiff's counsel and counsel for both the undersigned Zynga and Underwriter Defendants have conferred regarding the case management conference and related dates.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the undersigned parties, subject to Court approval and for good cause shown, as follows:
• The Consolidated Complaint shall be filed no later than Wednesday, April 3, 2013;
• Defendants' Motion to Dismiss shall be filed no later than Friday, May 31, 2013;
• Plaintiff's Opposition brief on the Motion to Dismiss shall be filed no later than Friday, July 12, 2013;
• Defendants' Reply brief on the Motion to Dismiss shall be filed no later than Friday, August 9, 2013;
• The hearing on the Motion to Dismiss shall be set for Friday, August 30, 2013 at 9:00 a.m. in Courtroom 11 on the 19th floor; and
• The Case Management Conference shall be rescheduled for a date five weeks after the Court issues its Order on the Motion to Dismiss. A Joint case management conference statement shall be filed five court days in advance of the Case Management Conference.
IT IS SO STIPULATED.
BERMAN DEVALERIO
By: ______________
Nicole Lavallee
Joseph J. Tabacco, Jr.
Christopher T. Heffelfinger
Victor Elias
One California Street, Suite 900
San Francisco, CA 94111
Telephone: (415) 433-3200
Facsimile: (415) 433-6282
Email: jtabacco@bermandevalario.com
cheffelfinger@bermandevalario.com
nlavallee@bermandevalario.com
velias@bermandevalario.com
ORDER
Pursuant to the stipulation of the parties and good cause having been shown, IT IS HEREBY ORDERED that:
• The Consolidated Complaint shall be filed no later than Wednesday, April 3, 2013;
• Defendants' Motion to Dismiss shall be filed no later than Friday, May 31, 2013;
• Plaintiff's Opposition brief on the Motion to Dismiss shall be filed no later than Friday, July 12, 2013;
• Defendants' Reply brief on the Motion to Dismiss shall be filed no later than Friday, August 9, 2013;
• The hearing on the Motion to Dismiss shall be set for Friday, August 30, 2013 at 9:00 a.m. in Courtroom 11 on the 19th floor; and
• The Case Management Conference shall be rescheduled for a date five weeks after the Court issues its Order on the Motion to Dismiss. A Joint case management conference statement shall be filed five court days in advance of the Case Management Conference.
PURSUANT TO STIPULATON, IT IS SO ORDERED.
______________________
HON. JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE