Roberts v. Bloom Energy Corporation et al, No. 3:2019cv02935 - Document 78 (N.D. Cal. 2019)

Court Description: ORDER granting 77 STIPULATION to extend deadlines re 44 MOTION Limit Scope of Confidentiality Agreement. Response due by 11/21/2019. Reply due by 12/4/2019. Motion Hearing set for 12/18/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Signed by Judge William H. Orrick on 11/14/2019. (jmdS, COURT STAFF) (Filed on 11/14/2019)

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Roberts v. Bloom Energy Corporation et al 1 2 3 Doc. 78 Sara B. Brody (SBN 130222) sbrody@sidley.com SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, CA 94104 Telephone: 415-772-1279 4 5 6 7 8 9 10 Matthew J. Dolan (SBN 291150) mdolan@sidley.com SIDLEY AUSTIN LLP 1001 Page Mill Road, Building 1 Palo Alto, CA 94304 Telephone: 650-565-7106 Attorneys for Defendants Bloom Energy Corporation, KR Sridhar, Randy Furr, L. John Doerr, Scott Sandell, Eddy Zervigon, Colin L. Powell, Peter Teti, Mary K. Bush, and Kelly A. Ayotte 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 ELISSA M. ROBERTS, Individually and on Behalf of All Others Similarly Situated, Case No. 3:19-cv-02935-WHO CLASS ACTION 15 16 17 18 Plaintiff, vs. BLOOM ENERGY CORPORATION, et al., STIPULATION AND ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR LEAD PLAINTIFF’S CONFIDENTIALITY MOTION Defendants. Assigned to: Honorable William H. Orrick 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR LEAD PLAINTIFF’S CONFIDENTIALITY MOTION CASE NO. 3:19-CV-02935 Dockets.Justia.com 1 STIPULATION 2 Pursuant to Civil Local Rule 7-12, this stipulation and proposed order is submitted by • 3 • 4 Lead Plaintiff James Everett Hunt (Lead Plaintiff), and Defendants Bloom Energy Corporation, KR Sridhar, Randy Furr, L. John Doerr, 5 Colin L. Powell, Scott Sandell Peter Teti, Eddy Zervigon, Mary K. Bush, Kelly A. 6 Ayotte (Defendants). 7 WHEREAS: 8 1. On May 28, 2019, Elissa M. Roberts filed a federal securities class action in the above- 9 captioned matter in the United States District Court, Northern District of California against 10 defendants Bloom Energy Corporation, KR Sridhar, Randy Furr, L. John Doerr, Scott Sandell, Eddy 11 Zervigon, Colin L. Powell, Peter Teti, Mary K. Bush and Kelly A. Ayotte. 12 2. On September 3, 2019, following the briefing of lead plaintiff motions, this Court appointed 13 James Everett Hunt as Lead Plaintiff and Levi & Korsinsky, LLP as Lead Counsel (ECF No. 39). 14 3. On November 1, 2019, Lead Plaintiff filed a Motion to Limit Scope of Confidentiality 15 Agreement (the Confidentiality Motion). 16 4. Defendants’ deadline to oppose the Confidentiality Motion is November 15, 2019. 17 5. 18 Lead Plaintiff’s deadline to submit a reply in support of the Confidentiality Motion is November 22, 2019. 19 6. The Confidentiality Motion is set for oral argument before this Court on December 11, 2019. 20 7. Counsel for Defendants cannot be present for oral argument before this Court on December 21 11, 2019, due to a pre-existing obligation to represent a witness in an SEC deposition in an unrelated 22 matter scheduled for that date. 23 24 8. Lead Plaintiff and Defendants have agreed to re-set the oral argument before this Court for December 18, 2019. 25 9. Lead Plaintiff and Defendants have also agreed to a short extension of the briefing schedule 26 on the Confidentiality Motion, such that Defendants’ opposition would be due November 21, 2019 27 1 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR LEAD PLAINTIFF’S CONFIDENTIALITY MOTION CASE NO. 3:19-CV-02935 1 and Lead Plaintiff’s reply would be due December 4, 2019. This schedule ensures that briefing will 2 be complete two full weeks before the December 18, 2019 oral argument, as contemplated by Local 3 Rules 7.2 and 7.3. 4 IT IS THEREFORE STIPULATED AND AGREED by Lead Plaintiff and Defendants 5 that, subject to the Court’s approval, the following schedule is adopted for the briefing of and oral 6 argument on the Confidentiality Motion: 7 8 9 10 11 12 13 1. Defendants shall submit their opposition to the Confidentiality Motion by November 21, 2019. 2. Plaintiff shall submit his reply in support of the Confidentiality Motion by December 4, 2019. 3. The Confidentiality Motion will be set for oral argument on the Court’s calendar for December 18, 2019. IT IS SO STIPULATED. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR LEAD PLAINTIFF’S CONFIDENTIALITY MOTION CASE NO. 3:19-CV-02935 1 Date: November12, 2019 By: /s/ Adam C. McCall Adam C. McCall (SBN 302130) Adam M. Apton (SBN 316506) Email: amccall@zlk.com Email: aapton@zlk.com LEVI & KORSINSKY, LLP 44 Montgomery Street, Suite 650 San Francisco, CA 94104 Telephone: 415-373-1671 2 3 4 5 6 Attorneys for Lead Plaintiff 7 8 9 Date: November 12, 2019 By: /s/ Sara B. Brody Sara B. Brody (SBN 130222) sbrody@sidley.com 555 California Street, Suite 2000 San Francisco, CA 94104 Telephone: 415-772-1279 10 11 12 13 16 Matthew J. Dolan (SBN 291150) mdolan@sidley.com SIDLEY AUSTIN LLP 1001 Page Mill Road, Building 1 Palo Alto, CA 94304 Telephone: 650-565-7106 17 Attorneys for Defendants 14 15 18 19 20 21 22 23 24 25 26 27 3 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR LEAD PLAINTIFF’S CONFIDENTIALITY MOTION CASE NO. 3:19-CV-02935 1 2 SIGNATURE ATTESTATION I am the ECF User whose identification and password are being used to file the foregoing 3 Stipulation and [Proposed] Order Continuing Case Management Conference in compliance with 4 Civil Local Rule 5-1(i)(3). 5 6 7 8 9 10 DATED: November 12, 2019 By: /s/ Sara B. Brody Sara B. Brody (SBN 130222) sbrody@sidley.com SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, CA 94104 Telephone: 415-772-1279 11 12 Attorneys for Defendants 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR LEAD PLAINTIFF’S CONFIDENTIALITY MOTION CASE NO. 3:19-CV-02935 1 2 3 4 5 6 7 8 ORDER Pursuant to the parties’ stipulation, and for good cause shown, IT IS SO ORDERED that: 1. Defendants shall submit their opposition to the Confidentiality Motion by November 21, 2019. 2. Plaintiff shall submit his reply in support of the Confidentiality Motion by December 4, 2019. 3. The Confidentiality Motion will be set for oral argument on the Court’s calendar for December 18, 2019. 9 10 11 DATED: November 14, 2019 By: Honorable William H. Orrick United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5 28 STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR LEAD PLAINTIFF’S CONFIDENTIALITY MOTION CASE NO. 3:19-CV-02935

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