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Marc Albin, Derivatively On Behalf of Zynga Inc v. Mark Pincus

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


November 7, 2012

MARC ALBIN, DERIVATIVELY ON BEHALF OF ZYNGA INC., PLAINTIFF,
v.
MARK PINCUS, CADIR LEE, REID HOFFMAN, OWEN VAN NATTA, DAVID M. WEHNER,
MARK VRANESH, JOHN SCHAPPERT, REGINALD D. DAVIS, WILLIAM GORDON, JEFFREY KATZENBERG, STANLEY J. MERESMAN, SUNIL PAUL, AND JEFF KARP, DEFENDANTS.
ZYNGA INC., A DELAWARE CORPORATION,
NOMINAL DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Maxine M. Chesney

ORDER RE-SETTING CASE MANAGEMENT CONFERENCE 21 STIPULATION AND [PROPOSED]

Case File: Aug. 16, 2012 -and- Trial Date: None Set

Mark Pincus, Cadir Lee, Reid Hoffman, Owen Van Natta, David M. Wehner, Mark Vranesh, 5 Sunil Paul, Jeff Karp, and nominal defendant Zynga Inc. (collectively, the "Defendants"), for 7 violations of applicable state laws, breaches of fiduciary duties, waste of corporate assets, and 8 unjust enrichment. 9

Actions and Appoint Lead Counsel (Dkt. No. 5) (the "Consolidation Motion") to consolidate the 11 following related actions (the "Related Actions"): 12

RECITALS

A. On August 16, 2012, plaintiff Marc Albin ("Plaintiff") commenced this action.

Plaintiff seeks to bring a shareholder derivative action on behalf of Zynga Inc. against defendants 4 John Schappert, Reginald D. Davis, William Gordon, Jeffrey Katzenberg, Stanley J. Meresman, 6

B. On October 22, 2012, Plaintiff filed a Motion to Consolidate Related Class

1. IRA for the Benefit of Karl Graulich v. Pincus, et al., 12-cv-04327-JSW (filed Aug. 16, 2012); 14

and

2. Marc Albin v. Pincus, et al., 12-cv-04330-MMC (filed Aug. 16, 2012);

3. Stacey Barron v. Pincus, et al., 12-cv-04547-DMR (filed Aug. 30, 2012);

4. Jeanna Weber v. Pincus, et al., 12-cv-04684-WHA (filed Sept. 7, 2012);

C. On November 5, 2012, the parties filed a Joint Administrative Motion to Relate Shareholder Derivative Actions to Class Actions in the matter captioned In re Zynga Inc. Sec. 20

Administrative Motion, if granted, would result in the reassignment of the Related Actions, 22 including this action, to Judge Jeffrey White for all purposes. 23

24 management conference ("CMC"). To conserve party and judicial resources, the parties agree 25 that it would be prudent and beneficial to defer the CMC until after the Court's ruling on the 26

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff

28 and Defendants, through their respective counsel herein, and subject to Court approval, as

STIPULATION AND [PROPOSED] ORDER RE-SETTING CASE MANAGEMENT CONFERENCE Case No. 12-cv-4330-MMC sf-3214398

Litig., Lead Case No. 12-cv-04007-JSW (Dkt. No. 94) (the "Administrative Motion"). The 21

D. Counsel for the parties have met and conferred regarding scheduling of a case

Consolidation Motion. 27

follows: 2

1. The CMC currently scheduled for November 16, 2012 shall be vacated pending

3 the Court's ruling on the Consolidation Motion. 4

2. Counsel for the parties shall meet and confer within fourteen days of the Court's

5 ruling on the Consolidation Motion to propose a new CMC date. 6 7

IT IS SO STIPULATED.

Dated: November 6, 2012 9 MORRISON & FOERSTER LLP 10 11 By: /s/ MARK R.S. FOSTER 12 MARK R.S. FOSTER 13 Attorneys for Defendants ZYNGA INC., MARK PINCUS, CADIR LEE, REID HOFFMAN, OWEN VAN NATTA, DAVID M. WEHNER, MARK VRANESH, JOHN SCHAPPERT, REGINALD D. DAVIS, 14 WILLIAM GORDON, JEFFREY KATZENBERG, STANLEY J. MERESMAN, 15 16 SUNIL PAUL, and JEFF KARP 17 18 ROBBINS UMEDA LLP 19 20 By: /s/ SHANE P. SANDERS 21 SHANE P. SANDERS Attorneys for Plaintiff Marc Albin

[PROPOSED] ORDER

Pursuant to stipulation, it is SO ORDERED. 4

The Case Management Conference currently set for November 16, 2012 is hereby CONTINUED

to January 18, 2013.

By:

THE HONORABLE MAXINE M. CHESNEY United States District Judge

ECF ATTESTATION

I, Mark R.S. Foster, am the ECF User whose ID and Password are being used to file this:

In compliance with Civil Local Rule 5-1(i)(3), I hereby attest that Shane Sanders has

16 concurred in this filing. 17 18

Dated: November 6, 2012 MORRISON & FOERSTER LLP 19 20 By: /s/ MARK R.S. FOSTER

20121107

© 1992-2012 VersusLaw Inc.



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