1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 SHAWN A. WILLIAMS (213113)
Post Montgomery Center
3 One Montgomery Street, Suite 1800
San Francisco, CA 94104
4 Telephone: 415/288-4545
415/288-4534 (fax)
5
ROBBINS GELLER RUDMAN
6
& DOWD LLP
JAMES I. JACONETTE (179565)
7 655 West Broadway, Suite 1900
San Diego, CA 92101-8498
8 Telephone: 619/231-1058
619/231-7423 (fax)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA
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CITY OF WARREN POLICE AND FIRE
)
13 RETIREMENT SYSTEM, Individually and on )
Behalf of All Others Similarly Situated,
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Plaintiff,
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vs.
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A10 NETWORKS, INC., et al.,
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Defendants.
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ARKANSAS TEACHER RETIREMENT
19 SYSTEM, et al., Individually and on Behalf of )
)
All Others Similarly Situated,
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)
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Plaintiffs,
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)
)
vs.
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)
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A10 NETWORKS, INC., et al.,
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)
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Defendants.
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25 [Caption continued to following page]
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28 MICHAEL KAVENEY, Individually and on )
Case No. 1-15-CV-276207
Assigned for all Purposes to
The Hon. Peter H. Kirwan, Dept. 1
CLASS ACTION
DATE ACTION FILED: 01/29/15
Case No. 1-15-CV-278575
Assigned for all Purposes to
The Hon. Peter H. Kirwan, Dept. 1
CLASS ACTION
DATE ACTION FILED: 03/25/15
[PROPOSED] ORDER RELATING AND CONSOLIDATING CASES AND APPOINTING COUNSEL TO LEAD
EFFORTS AND COORDINATE COMMUNICATIONS BETWEEN PLAINTIFFS AND DEFENDANTS
1 Behalf of All Others Similarly Situated,
2
3
Plaintiffs,
vs.
4 A10 NETWORKS, INC., et al.,
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Defendants.
)
)
)
)
)
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)
Case No. 1-15-CV-279006
Assigned for all Purposes to
The Hon. Peter H. Kirwan, Dept. 1
CLASS ACTION
DATE ACTION FILED: 04/06/15
DATE: October 2, 2015
TIME: 9:00 a.m.
DEPT: 1
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[PROPOSED] ORDER RELATING AND CONSOLIDATING CASES AND APPOINTING
COUNSEL TO LEAD EFFORTS AND COORDINATE COMMUNICATIONS BETWEEN
PLAINTIFFS AND DEFENDANTS
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[PROPOSED] ORDER RELATING AND CONSOLIDATING CASES AND APPOINTING COUNSEL TO LEAD
EFFORTS AND COORDINATE COMMUNICATIONS BETWEEN PLAINTIFFS AND DEFENDANTS
Plaintiffs’ Unopposed Motion for Order Relating and Consolidating Cases and Appointing
1
2 Counsel to Lead Efforts and Coordinate Communications Between Plaintiffs and Defendants came on
3 for hearing before the Court. Upon consideration of the papers submitted by the parties in support of
4 and in opposition to the motion and the oral argument presented at the hearing, the Court issues the
5 following Order:
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1.
The Warren Ret. System Action, the Arkansas Action and the Kaveney Action are related
7 and consolidated (the “Consolidated Action”).
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2.
Plaintiffs in the Consolidated Action shall file a consolidated complaint by not later than
9 June 30, 2015.
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3.
No defendant is required to respond to the current complaint in the Arkansas Action, the
11 Warren Ret. System Action or the Kaveney Action.
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4.
Robbins Geller Rudman & Dowd LLP and Labaton Sucharow LLP are appointed lead
13 counsel for the Consolidated Action.
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5.
Lead Counsel shall have the authority to speak for plaintiffs in matters regarding pre-trial
15 procedure, trial, and settlement and shall make all work assignments in such manner as to facilitate the
16 orderly and efficient prosecution of the Consolidated Action and to avoid duplicative or unproductive
17 effort.
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6.
Lead Counsel shall be responsible for coordinating all activities and appearances on
19 behalf of plaintiffs. No motion, request for discovery, or other pre-trial or trial proceedings shall be
20 initiated or filed by any plaintiff except through Lead Counsel.
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7.
Lead Counsel shall be available and responsible for communications to and from this
22 Court, including distributing orders and other directions from the Court to counsel, and shall be
23 responsible for communications with defendants on matters of case administration and scheduling.
24 Lead Counsel shall further be responsible for creating and maintaining a master service list of all parties
25 and their respective counsel.
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8.
Defendants may rely upon all agreements made with Lead Counsel, or other duly
27 authorized representatives of Lead Counsel, and such agreements shall be binding on all plaintiffs.
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-1[PROPOSED] ORDER RELATING AND CONSOLIDATING CASES AND APPOINTING COUNSEL TO LEAD
EFFORTS AND COORDINATE COMMUNICATIONS BETWEEN PLAINTIFFS AND DEFENDANTS
1
9.
The law firm of Scott + Scott, Attorneys at Law, LLP is hereby designated as a member
2 of the Executive Committee for the Consolidated Action.
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10.
Any other action now pending or hereafter filed in or transferred to this Court that is
4 related to the Consolidated Action shall be consolidated under this Order if and when any such action is
5 drawn to the Court’s attention, and this Court requests the assistance of counsel in calling such cases to
6 the attention of the Court.
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11.
Every pleading filed in the Consolidated Action, or in any separate action included
8 herein, shall bear the following caption:
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA
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IN RE A10 NETWORKS, INC.
) Lead Case No. 1-15-cv-276207
12 SHAREHOLDER LITIGATION
)
_________________________________________ )
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This Document Relates To:
) CLASS ACTION
14 ALL ACTIONS
)
_________________________________________ )
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12.
The files of the Consolidated Action shall be maintained in one file under Case No. 1-1516
CV-276207.
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IT IS SO ORDERED.
DATED: _________________________
________________________________________
THE HONORABLE PETER H. KIRWAN
JUDGE OF THE SUPERIOR COURT
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-2[PROPOSED] ORDER RELATING AND CONSOLIDATING CASES AND APPOINTING COUNSEL TO LEAD
EFFORTS AND COORDINATE COMMUNICATIONS BETWEEN PLAINTIFFS AND DEFENDANTS
CERTIFICATE OF SERVICE
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I hereby certify that on this 30th day of April, 2015, the foregoing [PROPOSED] ORDER
3 RELATING AND CONSOLIDATING CASES AND APPOINTING COUNSEL TO LEAD EFFORTS
4 AND COORDINATE COMMUNICATIONS BETWEEN PLAINTIFFS AND DEFENDANTS was
5 filed electronically with the Clerk of the Court and has been served by operation of the Court’s
6 electronic filing system upon the following:
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Attorney
Shawn A. Williams
James I. Jaconette
Robbins Geller Rudman &
Dowd LLP
John T. Jasnoch
Scott + Scott, Attorneys at
Law, LLP
Nina F. Locker
Benjamin M. Crosson
Doru Gabril
Jasmine M. Owens
Wilson Sonsini Goodrich &
Rosati
Daniel H. Bookin
O'Melveny & Myers LLP
E-mail Address
shawnw@rgrdlaw.com
jamesj@rgrdlaw.com
jjasnoch@scott-scott.com
Party Name
City of Warren Police and Fire
Retirement System;
Arkansas Teacher Retirement
System
Michael Kaveney
nlocker@wsgr.com
bcrosson@wsgr.com
dgabril@swgr.com
jmowens@wsgr.com
A10 Networks, Inc., Lee Chen,
Greg Straughn, Robert Cochran,
Peter Y. Chung, Alan S. Henricks
and Phillip J. Salsbury
dbookin@omm.com
Morgan Stanley & Co., LLC;
Merrill Lynch Pierce Fenner &
Smith Incorporated; J.P. Morgan
Securities LLC; RBC Capital
Markets LLC; Pacific Crest
Securities LLC; and Oppenheimer
& Co. Inc.
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I further certify that on this 30th day of April, 2015, the foregoing [PROPOSED] ORDER
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RELATING AND CONSOLIDATING CASES AND APPOINTING COUNSEL TO LEAD EFFORTS
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AND COORDINATE COMMUNICATIONS BETWEEN PLAINTIFFS AND DEFENDANTS was
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served by depositing a true copy thereof in a United States mailbox at San Francisco, California in a
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sealed envelope with postage thereon fully prepaid and addressed to the following parties:
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-1[PROPOSED] ORDER RELATING AND CONSOLIDATING CASES AND APPOINTING COUNSEL TO LEAD
EFFORTS AND COORDINATE COMMUNICATIONS BETWEEN PLAINTIFFS AND DEFENDANTS
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Christopher J. Keller
Eric J. Belfi
Michael W. Stocker
Labaton Sucharow LLP
140 Broadway
New York, NY 10005
Thomas C. Michaud
Vanoverbeke Michaud & Timmony, P.C.
79 Alfred Street
Detroit, MI 48201
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Attorney for Plaintiff City of Warren Police
and Fire Retirement System
Attorneys for Plaintiff Arkansas Teacher
Retirement System
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Scott + Scott, Attorneys at Law, LLP
Thomas L. Laughlin
Joseph V. Halloran
The Chrysler Building
405 Lexington Avenue, 40th Floor
New York, NY 10174
Attorneys for Plaintiff Michael Kaveney
I certify under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on April 30, 2015, at San Diego, California.
ROBBINS GELLER RUDMAN
& DOWD LLP
JAMES I. JACONETTE
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s/ JAMES I. JACONETTE
JAMES I. JACONETTE
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655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: 619/231-1058
619/231-7423 (fax)
jamesj@rgrdlaw.com
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-2[PROPOSED] ORDER RELATING AND CONSOLIDATING CASES AND APPOINTING COUNSEL TO LEAD
EFFORTS AND COORDINATE COMMUNICATIONS BETWEEN PLAINTIFFS AND DEFENDANTS