January 9, 2014
IN RE VOCERA COMMUNICATIONS, INC. SECURITIES LITIGATION. This Document Relates To: All Actions.
SUSAN S. MUCK, (CSB NO. 126930) CATHERINE KEVANE, (CSB NO. 215501) JENNIFER BRETAN, (CSB NO. 233475) FENWICK & WEST LLP, San Francisco, California.
RONNIE SOLOMON, (CSB NO. 284923) Mountain View, California. Attorneys for Defendants 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
HOGAN LOVELLS U.S. LLP Matthew J. Dolan, Esq., Menlo Park, 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 Swann LLC
LABATON SUCHAROW LLP Michael W. Stocker, Esq., New York, New York. Counsel for Lead Plaintiff Baltimore County Employees' Retirement System and Arkansas Teacher Retirement System
ROBBINS GELLER RUDMAN & DOWD LLP Post Montgomery Center San Francisco, California Liaison Counsel for Lead Plaintiff
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
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 September 23, 2013, this Court issued an order resetting the date for the initial case management conference from October 31, 2013 to January 23, 2014;
WHEREAS, on November 20, 2013, this Court issued an order appointing Baltimore County Employees' Retirement System and Arkansas Teacher Retirement System (together, the "Retirement Systems") as Lead Plaintiff, and approving the selection of Lead Plaintiff's counsel;
WHEREAS, Lead Plaintiff and Defendants are in the process of meeting and conferring on a proposed schedule for the filing of a consolidated complaint and associated briefing schedule in connection with Defendants' anticipated motion(s) to dismiss the consolidated complaint;
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)); and
WHEREAS, counsel in the above-captioned action respectfully submit that good cause exists to vacate the existing January 23, 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. Pursuant to Civil L.R. 16-2, the Initial Case Management Conference scheduled for January 23, 2014 be vacated, along with any associated deadlines under the Federal Rules of Civil Procedure and Local Rules, to be rescheduled for a date that is 30 days after entry of a Court order ruling on Defendants' anticipated motion(s) to dismiss the consolidated complaint, or such other date as the Court shall determine to be appropriate; and
ii. all associated ADR Multi-Option Program deadlines likewise be deferred.
Pursuant to Pursuant to Civil Local Rule 5-1(i)(3), all signatories concur in filing this stipulation.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
IT IS SO ORDERED AS MODIFIED.