United States District Court, N.D. California
ORDER CONSOLIDATING CASES AND APPOINTING LEAD
PLAINTIFF RE: DKT. NO. 17, 19, 22, 26, 32, 35, 37,
WILLIAM H. ORRICK UNITED STATES DISTRICT JUDGE
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
CONSOLIDATION OF RELATED ACTIONS
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.
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.
Every pleading filed in the Consolidated Action shall bear
the following caption:
NUTANIX, INC. SECURITIES LITIGATION; Master File No.
APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL
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.
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.
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.
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