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Scheller v. Nutanix, Inc.

United States District Court, N.D. California

July 10, 2019

RYAN SCHELLER, et al., Plaintiffs,
v.
NUTANIX, INC., et al., Defendants.

          ORDER CONSOLIDATING CASES AND APPOINTING LEAD PLAINTIFF RE: DKT. NO. 17, 19, 22, 26, 32, 35, 37, 47

          WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE

         Having considered the papers filed in support of the Motion of Shimon Hedvat (“Movant”), for Consolidation of the Actions, Appointment as Lead Plaintiff, and Approval of Lead Counsel pursuant to the Private Securities Litigation Reform Act of 1995 (the “PSLRA”), 15 U.S.C. § 78u-4(a)(3)(B), and having considered the other pending motions (Dkt. Nos. 17, 19, 26, 32, 35, 37, 47) and for good cause shown, the Court hereby enters the following Order:

         I. CONSOLIDATION OF RELATED ACTIONS

         1. The above-captioned securities fraud class actions pending in this Judicial District are hereby consolidated for all purposes pursuant to Rule 42(a) of the Federal Rules of Civil Procedure. Any actions that have been filed, or may be filed, which are related and which may be considered herewith, are consolidated under No. 5:19-cv-01651-WHO (the “Consolidated Action”), including 3:19-cv-02442-RS; 3:19-cv-02744-RS; 3:19-cv-02781-SI.

         2. A Master File is hereby established for the consolidated proceedings in the Consolidated Action. The docket number for the Master File shall be Master File No. 5:19-cv-01651-WHO. The original of this Order shall be filed by the Clerk in the Master File. The Clerk shall mail a copy of this Order to counsel of record in each of the above-captioned actions.

         3. Every pleading filed in the Consolidated Action shall bear the following caption:

         IN NUTANIX, INC. SECURITIES LITIGATION; Master File No. 5:19-cv-01651-WHO

         II. APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL

         4. Movant has asked this Court to be appointed as Lead Plaintiff in the Consolidated Action and to approve the counsel he retained to be Lead Counsel.

         5. Having considered the provisions of Section 21D(a)(3)(B) of the PSLRA, 15 U.S.C. § 78u-4(a)(3)(B), the Court hereby determines that Movant is the most adequate lead plaintiff and satisfies the requirements of the PSLRA. The Court hereby appoints Movant as Lead Plaintiff to represent the interests of the class.

         6. Pursuant to Section 21D(a)(3)(B)(v) of the PSLRA, 15 U.S.C. § 78u-4(a)(3)(B)(v), Movant has selected and retained the law firm Levi & Korsinsky, LLP to serve as Lead Counsel. The Court approves Movant's selection of Counsel for the Actions.

         7. Lead Counsel shall have the following responsibilities and duties, to be carried out either personally or through counsel whom Lead Counsel shall designate:

a. to coordinate the briefing and argument of any and all ...

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