US District Court Civil Docket as of September 25, 2020 Retrieved from the court on September 25, 2020
U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:19-cv-05794-BLF
Costanzo v. DXC Technology Company et al Date Filed: 09/16/2019 Assigned to: Judge Beth Labson Freeman Jury Demand: Plaintiff Referred to: Magistrate Judge Virginia K. DeMarchi Nature of Suit: 850
Relate Case Case: 5:20-cv-02185-BLF Securities/Commodities Cause: 15:77 Securities Fraud Jurisdiction: Federal Question Plaintiff Neil Costanzo represented by Adam Marc Apton Appointed Lead Plaintiff for the Class Levi & Korsinsky, LLP 388 Market Street, Suite 1300 San Francisco, CA 94111 (415) 373-1671 Fax: (415) 484-1294 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Charles Henry Linehan Glancy Prongay and Murray LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 (310) 201-9150 Fax: (310) 201-9160 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joshua L Crowell Glancy Prongay & Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lesley F. Portnoy Glancy Prongay & Murray LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Pavithra Rajesh Glancy Prongay & Murray LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 (310) 201-9150 Fax: (310) 201-9160 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert Vincent Prongay Glancy Prongay & Murray LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 (310) 201-9150 Fax: (310) 201-9160 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kara M Wolke Glancy Prongay & Murray LLP 1925 Century Park East Suite 2100 Los Angeles, CA 90067 310-201-9150 Fax: 310-201-9160 Email: [email protected] ATTORNEY TO BE NOTICED
Nicholas Ian Porritt Levi and Korsinsky 1101 30th Street NW Suite 115 Washington, DC 20007 202-524-4290 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Plaintiff Ronald W. Fallness represented by Adam Marc Apton Appointed Lead Plaintiff for the Class (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adam Christopher McCall Levi & Korsinsky, LLP 388 Market Street, Suite 1300 San Francisco, CA 94111 (415) 373-1671 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joshua L Crowell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kara M Wolke (See above for address) ATTORNEY TO BE NOTICED
Nicholas Ian Porritt (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Vincent Prongay (See above for address) ATTORNEY TO BE NOTICED Plaintiff Ronald Jackson represented by Adam Marc Apton Appointed Lead Plaintiff for the Class (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joshua L Crowell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Lesley F. Portnoy (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kara M Wolke (See above for address) ATTORNEY TO BE NOTICED
Nicholas Ian Porritt (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Robert Vincent Prongay (See above for address) ATTORNEY TO BE NOTICED
V. Defendant DXC Technology Company represented by Jamie Lynne Wine Latham & Watkins LLP 885 Third Avenue Suite 1000 New York, NY 10022 212-906-1200 Fax: 212-751-4864 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. McDonough Latham and Watkins LLP 885 Third Avenue New York, NY 10022 212-906-1200 Fax: 212-751-4864 Email: [email protected] LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Nada Labib Boutros Latham & Watkins LLP 505 Montgomery Street, Suite 2000 San Francisco, CA 94111 415-646-7843 Fax: 415-395-8095 Email: [email protected] ATTORNEY TO BE NOTICED
Stephen Paul Barry Latham and Watkins LLP 555 Eleventh Street, NW Suite 1000 Washington, DC 20004 (202) 637-2330 Fax: (202) 637-2201 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Hewlett Packard Enterprise Company represented by Benjamin Jon Tolman Wilson Sonsini Goodrich Rosati 650 Page Mill Rd Palo Alto, CA 94304 650-849-3181 Email: [email protected] TERMINATED: 06/12/2020
Douglas W. McManaway Wilson Sonsini Goodrich and Rosati 650 Page Mill Road Palo Alto, CA 94304-1050 650-493-9300 Fax: 650-565-5100 Email: [email protected] ATTORNEY TO BE NOTICED
Joseph Edward Floren Attorney at Law Morgan, Lewis & Bockius LLP One Market Street Spear Street Tower San Francisco, CA 94105 (415) 442-1000 Fax: 415-442-1001 Email: [email protected] ATTORNEY TO BE NOTICED
Karen A. Pieslak Pohlmann Morgan Lewis and Bockius LLP 1701 Market St. Philadelphia, PA 19103-2921 326-963-5000 Fax: 215-963-5001 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Katherine Leigh Henderson Wilson Sonsini Goodrich & Rosati A Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 650-493-9300 Fax: 650-565-5100 Email: [email protected] ATTORNEY TO BE NOTICED
Kevin Michael Benedicto Morgan, Lewis and Bockius LLP One Market, Spear Street Tower San Francisco, CA 94105 415-442-1000 Fax: 415-442-1001 Email: [email protected] ATTORNEY TO BE NOTICED
Laura Hughes McNally Morgan Lewis and Bockius LLP 1701 Market Street Philadelphia, PA 19103 215-963-5257 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Marc J. Sonnenfeld Morgan Lewis and Bockius LLP 1701 Market St Philadelphia, PA 19103-2921 215-963-5146 Fax: 215-963-5001 Email: [email protected] PRO HAC VICE ATTORNEY TO BE NOTICED
Steven Mark Schatz Wilson Sonsini Goodrich & Rosati 650 Page Mill Road Palo Alto, CA 94304-1050 650/493-9300 Fax: 650-565-5100 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Rishi Varna represented by Benjamin Jon Tolman (See above for address) TERMINATED: 06/12/2020
Douglas W. McManaway (See above for address) ATTORNEY TO BE NOTICED
Joseph Edward Floren (See above for address) ATTORNEY TO BE NOTICED
Karen A. Pieslak Pohlmann (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Katherine Leigh Henderson (See above for address) ATTORNEY TO BE NOTICED
Kevin Michael Benedicto (See above for address) ATTORNEY TO BE NOTICED
Laura Hughes McNally (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Marc J. Sonnenfeld (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven Mark Schatz (See above for address) ATTORNEY TO BE NOTICED Defendant Timothy C. Stonesifer represented by Benjamin Jon Tolman (See above for address) TERMINATED: 06/12/2020
Douglas W. McManaway (See above for address) ATTORNEY TO BE NOTICED
Joseph Edward Floren (See above for address) ATTORNEY TO BE NOTICED
Karen A. Pieslak Pohlmann (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Katherine Leigh Henderson (See above for address) ATTORNEY TO BE NOTICED
Kevin Michael Benedicto (See above for address) ATTORNEY TO BE NOTICED
Laura Hughes McNally (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Marc J. Sonnenfeld (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven Mark Schatz (See above for address) ATTORNEY TO BE NOTICED Defendant Jeremy K. Cox represented by Benjamin Jon Tolman (See above for address) TERMINATED: 06/12/2020
Douglas W. McManaway (See above for address) ATTORNEY TO BE NOTICED
Joseph Edward Floren (See above for address) ATTORNEY TO BE NOTICED
Karen A. Pieslak Pohlmann (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Katherine Leigh Henderson (See above for address) ATTORNEY TO BE NOTICED
Kevin Michael Benedicto (See above for address) ATTORNEY TO BE NOTICED
Laura Hughes McNally (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Marc J. Sonnenfeld (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven Mark Schatz (See above for address) ATTORNEY TO BE NOTICED Defendant Mukesh Aghi represented by Jamie Lynne Wine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. McDonough (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED
Stephen Paul Barry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Amy E. Alving represented by Jamie Lynne Wine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. McDonough (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED
Stephen Paul Barry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Defendant David Herzog represented by Jamie Lynne Wine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. McDonough (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED
Stephen Paul Barry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Sachin Lawande represented by Jamie Lynne Wine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. McDonough (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED
Stephen Paul Barry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Defendant J. Michael Lawrie represented by Jamie Lynne Wine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. McDonough (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED
Stephen Paul Barry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Julio A. Portalatin represented by Jamie Lynne Wine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. McDonough (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED
Stephen Paul Barry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Peter Rutland represented by Jamie Lynne Wine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. McDonough (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED
Stephen Paul Barry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Manoj P. Singh represented by Jamie Lynne Wine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. McDonough (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED
Stephen Paul Barry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Defendant Margaret C. Whitman represented by Benjamin Jon Tolman (See above for address) TERMINATED: 06/12/2020
Douglas W. McManaway (See above for address) ATTORNEY TO BE NOTICED
Joseph Edward Floren (See above for address) ATTORNEY TO BE NOTICED
Karen A. Pieslak Pohlmann (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Katherine Leigh Henderson (See above for address) ATTORNEY TO BE NOTICED
Kevin Michael Benedicto (See above for address) ATTORNEY TO BE NOTICED
Laura Hughes McNally (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Marc J. Sonnenfeld (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Steven Mark Schatz (See above for address) ATTORNEY TO BE NOTICED Defendant Robert F. Woods represented by Jamie Lynne Wine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin M. McDonough (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Nada Labib Boutros (See above for address) ATTORNEY TO BE NOTICED
Stephen Paul Barry (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
V. Movant Kingstown Plaintiffs (4:20-cv-02185) represented by Robert J. Gralewski , Jr. Kirby McInerney LLP 600 B Street, Suite 2110 San Diego, CA 92101 619-784-1442 Email: [email protected] ATTORNEY TO BE NOTICED
Date Filed # Docket Text 09/16/2019 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-13709407.). Filed byNeil Costanzo. (Attachments: # 1 Civil Cover Sheet)(Portnoy, Lesley) (Filed on 9/16/2019) (Entered: 09/16/2019) 09/16/2019 2 Proposed Summons. (Portnoy, Lesley) (Filed on 9/16/2019) (Entered: 09/16/2019) 09/16/2019 3 Proposed Summons. (Portnoy, Lesley) (Filed on 9/16/2019) (Entered: 09/16/2019) 09/16/2019 4 Case assigned to Judge Beth Labson Freeman.
Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.
Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (bwS, COURT STAFF) (Filed on 9/16/2019) (Entered: 09/17/2019) 09/17/2019 5 Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.
Case Management Statement due by 1/9/2020. Initial Case Management Conference set for 1/16/2020 11:00 AM in San Jose, Courtroom 3, 5th Floor. (Attachments: # 1 Notice of Eligibility for Video Recording)(sfbS, COURT STAFF) (Filed on 9/17/2019) (Entered: 09/17/2019) 09/17/2019 6 Summons Issued as to Hewlett Packard Enterprise Company. (sfbS, COURT STAFF) (Filed on 9/17/2019) (Entered: 09/17/2019) 09/17/2019 7 Summons Issued as to Mukesh Aghi, Amy E. Alving, Jeremy K. Cox, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Timothy C. Stonesifer, Rishi Varna, Margaret C. Whitman, Robert F. Woods. (sfbS, COURT STAFF) (Filed on 9/17/2019) (Entered: 09/17/2019) 09/17/2019 8 Certificate of Interested Entities by Neil Costanzo (Portnoy, Lesley) (Filed on 9/17/2019) (Entered: 09/17/2019) 09/17/2019 9 CERTIFICATE of Counsel by Lesley F. Portnoy on behalf of Neil Costanzo (Portnoy, Lesley) (Filed on 9/17/2019) (Entered: 09/17/2019) 10/07/2019 10 NOTICE by Neil Costanzo NOTICE OF PUBLICATION OF SEC CLASS ACTION NOTICE (Rajesh, Pavithra) (Filed on 10/7/2019) (Entered: 10/07/2019) 11/15/2019 11 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Ronald W. Fallness. Motion Hearing set for 3/26/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 11/29/2019. Replies due by 12/6/2019. (Attachments: # 1 Proposed Order)(Apton, Adam) (Filed on 11/15/2019) (Entered: 11/15/2019) 11/15/2019 12 Declaration of Adam M. Apton in Support of 11 MOTION to Appoint Lead Plaintiff and Lead Counsel filed byRonald W. Fallness. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Related document(s) 11 ) (Apton, Adam) (Filed on 11/15/2019) (Entered: 11/15/2019) 11/15/2019 13 Certificate of Interested Entities by Ronald W. Fallness (Apton, Adam) (Filed on 11/15/2019) (Entered: 11/15/2019) 11/15/2019 14 CERTIFICATE of Counsel Pursuant to LR 3-15 by Adam Marc Apton on behalf of Ronald W. Fallness (Apton, Adam) (Filed on 11/15/2019) (Entered: 11/15/2019) 11/15/2019 15 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Ronald Jackson. Motion Hearing set for 3/26/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 11/29/2019. Replies due by 12/6/2019. (Attachments: # 1 Proposed Order)(Portnoy, Lesley) (Filed on 11/15/2019) (Entered: 11/15/2019) 11/15/2019 16 Declaration of Lesley F. Portnoy in Support of 15 MOTION to Appoint Lead Plaintiff and Lead Counsel filed byRonald Jackson. (Attachments: # 1 Exhibit A - Press Release, # 2 Exhibit B - PSLRA Certification, # 3 Exhibit C - Movant Loss Chart, # 4 Exhibit D - GPM Firm Resume)(Related document(s) 15 ) (Portnoy, Lesley) (Filed on 11/15/2019) (Entered: 11/15/2019) 11/20/2019 17 STIPULATION WITH PROPOSED ORDER re 11 MOTION to Appoint Lead Plaintiff and Lead Counsel , 15 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Neil Costanzo, Ronald W. Fallness, Ronald Jackson. (Apton, Adam) (Filed on 11/20/2019) (Entered: 11/20/2019) 11/20/2019 18 NOTICE of Appearance by Adam Christopher McCall (McCall, Adam) (Filed on 11/20/2019) (Entered: 11/20/2019) 11/20/2019 19 CERTIFICATE of Counsel by Adam Christopher McCall on behalf of Ronald W. Fallness (McCall, Adam) (Filed on 11/20/2019) (Entered: 11/20/2019) 11/20/2019 20 ORDER GRANTING STIPULATION 17 REGARDING APPOINTMENT OF LEAD PLAINTIFF AND SELECTION OF LEAD COUNSEL. Signed by Judge Beth Labson Freeman on 11/20/2019.(blflc3S, COURT STAFF) (Filed on 11/20/2019) (Entered: 11/20/2019) 11/20/2019 21 ORDER TERMINATING AS MOOT MOTIONS 11 and 15 TO APPOINT LEAD PLAINTIFF AND LEAD PLAINTIFF COUNSEL WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 11/20/2019. (blflc3S, COURT STAFF) (Filed on 11/20/2019) (Entered: 11/20/2019) 12/06/2019 22 STIPULATION WITH PROPOSED ORDER Regarding Service, the Filing of an Amended Complaint, Motion to Dismiss Briefing Schedule, and Case Management Conference filed by Neil Costanzo, Ronald W. Fallness, Ronald Jackson. (Prongay, Robert) (Filed on 12/6/2019) (Entered: 12/06/2019) 12/09/2019 23 ORDER GRANTING STIPULATION 22 REGARDING SERVICE, AMENDED COMPLAINT, BRIEFING SCHEDULE, AND CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 12/9/2019. (blflc3S, COURT STAFF) (Filed on 12/9/2019) (Entered: 12/09/2019) 12/09/2019 24 ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE ON JUNE 4, 2020 AT 11:00 AM. Signed by Judge Beth Labson Freeman on 12/9/2019. (blflc3S, COURT STAFF) (Filed on 12/9/2019) (Entered: 12/09/2019) 12/10/2019 25 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 5/28/2020. Initial Case Management Conference set for 6/4/2020 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 12/10/2019) (Entered: 12/10/2019) 01/07/2020 26 NOTICE of Appearance by Steven Mark Schatz for Defendants Hewlett Packard Enterprises Company, Rishi Varma, Timothy C. Stonesifer, Jeremy K. Cox, Margaret C. Whitman (Schatz, Steven) (Filed on 1/7/2020) (Entered: 01/07/2020) 01/07/2020 27 Certificate of Interested Entities by Jeremy K. Cox, Hewlett Packard Enterprise Company, Timothy C. Stonesifer, Rishi Varna, Margaret C. Whitman identifying Other Affiliate State Street Global Advisors, Other Affiliate BlackRock, Inc., Other Affiliate Dodge & Cox, Other Affiliate PRIMECAP Management Company, Other Affiliate BlackRock Fund Advisors, Other Affiliate BlackRock Institutional Trust Company, N.A., Other Affiliate BlackRock Advisors, LLC, Other Affiliate BlackRock Asset Management Canada Limited, Other Affiliate BlackRock Asset Management Ireland Limited, Other Affiliate BlackRock Advisors (UK) Limited, Other Affiliate BlackRock International Limited, Other Affiliate The Vanguard Group, Other Affiliate Vanguard Fiduciary Trust Company, Other Affiliate BlackRock Life Limited, Other Affiliate BlackRock (Netherlands) B.V., Other Affiliate Dodge & Cox Stock Fund, Other Affiliate BlackRock Japan, Co., Ltd., Other Affiliate BlackRock Finalcial Mangement, Inc., Other Affiliate BlackRock Asset Management Schweiz AG, Other Affiliate BlackRock Investment Management LLC, Other Affiliate Future Advisor, Inc., Other Affiliate BlackRock Investment Management (UK) Limited, Other Affiliate BlackRock (Luxembourg) S.A., Other Affiliate BlackRock Investment Management (Australia) Limited, Other Affiliate BlackRock Asset Management North Asia Limited, Other Affiliate BlackRock (Singapore) Limited, Other Affiliate BlackRock Fund Managers Ltd., Other Affiliate Vanguard Investment Australia, Ltd for Hewlett Packard Enterprise Company. (Schatz, Steven) (Filed on 1/7/2020) (Entered: 01/07/2020) 01/08/2020 28 NOTICE of Appearance by Joshua L Crowell (Crowell, Joshua) (Filed on 1/8/2020) (Entered: 01/08/2020) 01/08/2020 29 AMENDED COMPLAINT against Mukesh Aghi, Amy E. Alving, Jeremy K. Cox, DXC Technology Company, David Herzog, Hewlett Packard Enterprise Company, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Timothy C. Stonesifer, Rishi Varna, Margaret C. Whitman, Robert F. Woods. Filed byNeil Costanzo, Ronald W. Fallness, Ronald Jackson. (Crowell, Joshua) (Filed on 1/8/2020) (Entered: 01/08/2020) 02/21/2020 30 NOTICE of Appearance by Jamie Lynne Wine on behalf of DXC Defendants (Wine, Jamie) (Filed on 2/21/2020) (Entered: 02/21/2020) 02/21/2020 31 Corporate Disclosure Statement by DXC Technology Company (Wine, Jamie) (Filed on 2/21/2020) (Entered: 02/21/2020) 02/21/2020 32 Certificate of Interested Entities by DXC Technology Company identifying Other Affiliate Vanguard Group Inc. for DXC Technology Company. (Wine, Jamie) (Filed on 2/21/2020) (Entered: 02/21/2020) 02/21/2020 33 Certificate of Interested Entities by Mukesh Aghi, Amy E. Alving, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods (Wine, Jamie) (Filed on 2/21/2020) (Entered: 02/21/2020) 02/21/2020 34 NOTICE of Appearance by Nada Labib Boutros on behalf of DXC Defendants (Boutros, Nada) (Filed on 2/21/2020) (Entered: 02/21/2020) 02/21/2020 35 MOTION for leave to appear in Pro Hac Vice for Kevin McDonough ( Filing fee $ 310, receipt number 0971-14205449.) Filing fee previously paid on 02/21/2020 filed by Mukesh Aghi, Amy E. Alving, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods. (Attachments: # 1 Certificate of Good Standing)(McDonough, Kevin) (Filed on 2/21/2020) (Entered: 02/21/2020) 02/21/2020 36 MOTION for leave to appear in Pro Hac Vice for Stephen P. Barry ( Filing fee $ 310, receipt number 0971-14205529.) filed by Mukesh Aghi, Amy E. Alving, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods. (Attachments: # 1 Certificate of Good Standing)(Barry, Stephen) (Filed on 2/21/2020) (Entered: 02/21/2020) 02/21/2020 37 ORDER GRANTING 35 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (KEVIN MCDONOUGH). Signed by Judge Beth Labson Freeman on 2/21/2020. (blflc3S, COURT STAFF) (Filed on 2/21/2020) (Entered: 02/21/2020) 02/21/2020 38 ORDER GRANTING 36 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE (STEPHEN BARRY). Signed by Judge Beth Labson Freeman on 2/21/2020. (blflc3S, COURT STAFF) (Filed on 2/21/2020) (Entered: 02/21/2020) 02/24/2020 39 Joint MOTION to Dismiss the 29 Amended Complaint and Supporting Memorandum of Points and Authorities filed by Mukesh Aghi, Amy E. Alving, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods. Motion Hearing set for 6/4/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 4/9/2020. Replies due by 5/11/2020. (Attachments: # 1 Proposed Order)(Wine, Jamie) (Filed on 2/24/2020) (Entered: 02/24/2020) 02/24/2020 40 Declaration of Nada L. Boutros in Support of 39 Joint MOTION to Dismiss the 29 Amended Complaint and Supporting Memorandum of Points and Authorities filed byMukesh Aghi, Amy E. Alving, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Related document(s) 39 ) (Boutros, Nada) (Filed on 2/24/2020) (Entered: 02/24/2020) 02/26/2020 41 MOTION for leave to appear in Pro Hac Vice for Marc Sonnenfeld ( Filing fee $ 310, receipt number 0971-14218431.) filed by Jeremy K. Cox, Hewlett Packard Enterprise Company, Timothy C. Stonesifer, Rishi Varna, Margaret C. Whitman. (Attachments: # 1 Certificate of Good Standing - District of Columbia, # 2 Certificate of Good Standing - Massachusetts, # 3 Certificate of Good Standing - Pennsylvania)(Sonnenfeld, Marc) (Filed on 2/26/2020) (Entered: 02/26/2020) 02/26/2020 42 ORDER GRANTING APPLICATION 41 FOR ADMISSION OF ATTORNEY PRO HAC VICE (MARC J. SONNENFELD). Signed by Judge Beth Labson Freeman on 2/26/2020. (blflc3S, COURT STAFF) (Filed on 2/26/2020) (Entered: 02/26/2020) 03/04/2020 43 NOTICE of Appearance by Kara M Wolke (Wolke, Kara) (Filed on 3/4/2020) (Entered: 03/04/2020) 03/05/2020 44 MOTION for leave to appear in Pro Hac Vice for Karen Pohlmann ( Filing fee $ 310, receipt number 0971-14247853.) filed by Jeremy K. Cox, Hewlett Packard Enterprise Company, Timothy C. Stonesifer, Rishi Varna, Margaret C. Whitman. (Attachments: # 1 Certificate of Good Standing - Pennsylvania, # 2 Certificate of Good Standing - New Jersey)(Pohlmann, Karen) (Filed on 3/5/2020) (Entered: 03/05/2020) 03/05/2020 45 ORDER GRANTING APPLICATION 44 FOR ADMISSION OF ATTORNEY PRO HAC VICE (KAREN PIESLAK POHLMANN). Signed by Judge Beth Labson Freeman on 3/5/2020. (blflc3S, COURT STAFF) (Filed on 3/5/2020) (Entered: 03/05/2020) 03/18/2020 46 MOTION for leave to appear in Pro Hac Vice for Laura Hughes McNally ( Filing fee $ 310, receipt number 0971-14290808.) filed by Jeremy K. Cox, Hewlett Packard Enterprise Company, Timothy C. Stonesifer, Rishi Varna, Margaret C. Whitman. (Attachments: # 1 Certificate of Good Standing - Pennsylvania, # 2 Certificate of Good Standing - New Jersey)(McNally, Laura) (Filed on 3/18/2020) (Entered: 03/18/2020) 03/18/2020 47 ORDER GRANTING APPLICATION 46 FOR ADMISSION OF ATTORNEY PRO HAC VICE (LAURA H. MCNALLY). Signed by Judge Beth Labson Freeman on 3/18/2020. (blflc3S, COURT STAFF) (Filed on 3/18/2020) (Entered: 03/18/2020) 04/09/2020 48 OPPOSITION/RESPONSE (re 39 Joint MOTION to Dismiss the 29 Amended Complaint and Supporting Memorandum of Points and Authorities ) filed byNeil Costanzo, Ronald W. Fallness, Ronald Jackson. (Apton, Adam) (Filed on 4/9/2020) (Entered: 04/09/2020) 04/09/2020 49 DECLARATION of Adam M. Apton in Opposition to 48 Opposition/Response to Motion filed byNeil Costanzo, Ronald W. Fallness, Ronald Jackson. (Attachments: # 1 Exhibit)(Related document(s) 48 ) (Apton, Adam) (Filed on 4/9/2020) (Entered: 04/09/2020) 04/23/2020 50 ADMINISTRATIVE MOTION to Relate Kingstown Action (4:20-cv-02185) filed by Kingstown Plaintiffs (4:20-cv-02185). Responses due by 4/27/2020. (Attachments: # 1 Proposed Order)(Gralewski, Robert) (Filed on 4/23/2020) (Entered: 04/23/2020) 04/29/2020 51 ORDER GRANTING ADMINISTRATIVE MOTION 50 TO RELATE CASES AND DIRECTING PARTIES TO FILE JOINT STATEMENT REGARDING CONSOLIDATION. Signed by Judge Beth Labson Freeman on 4/29/2020. (blflc3S, COURT STAFF) (Filed on 4/29/2020) (Entered: 04/29/2020) 05/11/2020 52 REPLY (re 39 Joint MOTION to Dismiss the 29 Amended Complaint and Supporting Memorandum of Points and Authorities ) filed byMukesh Aghi, Amy E. Alving, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods. (Wine, Jamie) (Filed on 5/11/2020) (Entered: 05/11/2020) 05/13/2020 53 RESPONSE re 51 Order on Administrative Motion per Civil Local Rule 7-11 by Kingstown Plaintiffs (4:20-cv-02185). (Gralewski, Robert) (Filed on 5/13/2020) (Entered: 05/13/2020) 05/14/2020 54 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options filed by Mukesh Aghi, Amy E. Alving, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods (McDonough, Kevin) (Filed on 5/14/2020) (Entered: 05/14/2020) 05/28/2020 55 JOINT CASE MANAGEMENT STATEMENT filed by Mukesh Aghi, Amy E. Alving, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods. (Wine, Jamie) (Filed on 5/28/2020) (Entered: 05/28/2020) 05/28/2020 56 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by HPE Defendants (Floren, Joseph) (Filed on 5/28/2020) (Entered: 05/28/2020) 05/28/2020 57 DISCLOSURE ORDER. Parties' responses due by 6/11/2020. Signed by Magistrate Judge Virginia K. DeMarchi on 5/28/2020. (vkdlc2S, COURT STAFF) (Filed on 5/28/2020) (Entered: 05/28/2020) 06/02/2020 58 CLERK'S NOTICE CONVERTING MOTION AND CASE MANAGEMENT CONFERENCE HEARINGS ON 6/4/2020 TO ZOOM WEBINAR.
***REGISTRATION OF COUNSEL IN ADVANCE IS REQUIRED, SEE BELOW***
Pre-registration by counsel with the clerk in advance of the Pretrial Conference must be done by emailing one list from each side of the names of counsel who will be participating in the hearing to [email protected] no later than Wednesday, June 3 at 2:00 PM, PST.
All counsel, public, and press will join the webinar as attendees and be able to see and hear the proceedings but will not be able to participate in the proceedings until the Court switches them over to a participant. Before each case is called, counsel who have pre-registered with the clerk in advance of the hearing will be converted from attendee to participant. Once the hearing ends for their case, they will be switched back to attendee. The information below is for all counsel, members of the public and press to use for accessing the hearings set on June 4, 2020, at 9:00 AM.
***All Preregistered Counsel participating in the hearing shall sign in no later than 8:50 AM for check in.***
You are invited to a Zoom webinar. When: June 4, 2020 09:00 AM Pacific Time (US and Canada) Topic: Thursday 6/4/2020 Judge Freeman Civil Law and Motion / Case Management Conference
Please use the link below to join the webinar: https://us02web.zoom.us/j/87694551314?pwd=SU1MVmZValhHaldzOVgrMmhwLzRFQT09 Password: 984680
Or go to: https://zoom.us/join Webinar ID: 876 9455 1314 Password: 984680
By Telephone: 1 929 205 6099 Webinar ID: 876 9455 1314 Password: 984680
(This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 6/2/2020) (Entered: 06/02/2020) 06/02/2020 59 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14530517.) filed by Neil Costanzo, Ronald W. Fallness, Ronald Jackson. (Attachments: # 1 Certificate of Good Standing)(Porritt, Nicholas) (Filed on 6/2/2020) (Entered: 06/02/2020) 06/03/2020 60 ORDER GRANTING APPLICATION 59 FOR ADMISSION OF ATTORNEY PRO HAC VICE (NICHOLAS I. PORRITT). Signed by Judge Beth Labson Freeman on 6/3/2020. (blflc3S, COURT STAFF) (Filed on 6/3/2020) (Entered: 06/03/2020) 06/03/2020 61 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byMukesh Aghi, Amy E. Alving, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods. (Related document(s) 39 ) (Wine, Jamie) (Filed on 6/3/2020) (Entered: 06/03/2020) 06/03/2020 62 RESPONSE re 57 Order by Jeremy K. Cox, Hewlett Packard Enterprise Company, Timothy C. Stonesifer, Rishi Varna, Margaret C. Whitman. (Schatz, Steven) (Filed on 6/3/2020) (Entered: 06/03/2020) 06/04/2020 63 Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 6/4/2020 re 39 Joint MOTION to Dismiss the 29 Amended Complaint and Supporting Memorandum of Points and Authorities filed by Sachin Lawande, Mukesh Aghi, J. Michael Lawrie, Amy E. Alving, Julio A. Portalatin, DXC Technology Company, Peter Rutland, Robert F. Woods, David Herzog, Manoj P. Singh. A forthcoming Order will memorialize all relevant information, deadlines, and rulings from the hearing. Total Time in Court: 53 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Kara Wolke, Nicholas Porritt via Zoom Webinar. Defendant Attorney: Steven Schatz, Katherine Henderson, Marc Sonnenfeld, Joseph Floren, Jamie Wine, Kevin McDonough via Zoom Webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 6/4/2020) (Entered: 06/04/2020) 06/04/2020 64 Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 6/4/2020. A forthcoming Case Management Order will memorialize all relevant information, deadlines, and rulings from the hearing. Total Time in Court: 16 Minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Kara Wolke, Nicholas Porritt via Zoom Webinar.. Defendant Attorney: Steven Schatz, Katherine Henderson, Marc Sonnenfeld, Joseph Floren, Jamie Wine, Kevin McDonough via Zoom Webinar.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 6/4/2020) (Entered: 06/04/2020) 06/04/2020 65 TRANSCRIPT ORDER for proceedings held on 6/4/2020 before Judge Beth Labson Freeman by Mukesh Aghi, Amy E. Alving, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods, for Court Reporter Summer Fisher. (Boutros, Nada) (Filed on 6/4/2020) (Entered: 06/04/2020) 06/04/2020 66 CASE MANAGEMENT SCHEDULING ORDER: Last Day to Hear Dispositive Motions set for 6/16/2022 09:00 AM, Final Pretrial Conference set for 9/29/2022 01:30 PM, Jury Selection set for 10/28/2022, 10/31/2022 09:00 AM. Jury Trial set for 10/31/2022, 11/1/2022, 11/2/2022, 11/3/2022, 11/4/2022, 11/7/2022, 11/8/2022, 11/9/2022, 11/10/2022, 11/11/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 6/4/2020. (tshS, COURT STAFF) (Filed on 6/4/2020) (Entered: 06/04/2020) 06/11/2020 67 MOTION for leave to appear in Pro Hac Vice for Karen Pieslak Pohlmann ( Filing fee $ 310, receipt number 0971-14567282.) filed by Jeremy K. Cox, Hewlett Packard Enterprise Company, Timothy C. Stonesifer, Rishi Varna, Margaret C. Whitman. (Attachments: # 1 Certificate of Good Standing - NJ, # 2 Certificate of Good Standing - PA)(Benedicto, Kevin) (Filed on 6/11/2020) (Entered: 06/11/2020) 06/11/2020 68 MOTION for leave to appear in Pro Hac Vice for Laura Hughes McNally ( Filing fee $ 310, receipt number 0971-14567342.) filed by Jeremy K. Cox, Hewlett Packard Enterprise Company, Timothy C. Stonesifer, Rishi Varna, Margaret C. Whitman. (Attachments: # 1 Certificate of Good Standing - NJ, # 2 Certificate of Good Standing - PA)(Benedicto, Kevin) (Filed on 6/11/2020) (Entered: 06/11/2020) 06/11/2020 69 Response re 57 Order byNeil Costanzo, Ronald W. Fallness, Ronald Jackson. (Wolke, Kara) (Filed on 6/11/2020) (Entered: 06/11/2020) 06/11/2020 70 ORDER GRANTING APPLICATION 67 FOR ADMISSION OF ATTORNEY PRO HAC VICE (KAREN PIESLAK POHLMANN). Signed by Judge Beth Labson Freeman on 6/11/2020. (blflc3S, COURT STAFF) (Filed on 6/11/2020) (Entered: 06/11/2020) 06/11/2020 71 ORDER GRANTING APPLICATION 68 FOR ADMISSION OF ATTORNEY PRO HAC VICE (LAURA HUGHES MCNALLY). Signed by Judge Beth Labson Freeman on 6/11/2020. (blflc3S, COURT STAFF) (Filed on 6/11/2020) (Entered: 06/11/2020) 06/11/2020 72 Transcript of Proceedings held on 06/04/2020, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number 408-288-6150 [email protected]. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 65 Transcript Order, ) Redaction Request due 7/2/2020. Redacted Transcript Deadline set for 7/13/2020. Release of Transcript Restriction set for 9/9/2020. (Related documents(s) 65 ) (Fisher, Summer) (Filed on 6/11/2020) (Entered: 06/11/2020) 06/12/2020 73 TRANSCRIPT ORDER for proceedings held on 06/04/2020 before Judge Beth Labson Freeman by Neil Costanzo, Ronald W. Fallness, Ronald Jackson, for Court Reporter Summer Fisher. (Apton, Adam) (Filed on 6/12/2020) (Entered: 06/12/2020) 06/12/2020 74 NOTICE by Jeremy K. Cox, Hewlett Packard Enterprise Company, Timothy C. Stonesifer, Rishi Varna, Margaret C. Whitman Notice of Withdrawal of Certain Counsel (Schatz, Steven) (Filed on 6/12/2020) (Entered: 06/12/2020) 07/27/2020 75 ORDER GRANTING DEFENDANTS' MOTION 39 TO DISMISS WITH LEAVE TO AMEND. Signed by Judge Beth Labson Freeman on 7/27/2020. (blflc3S, COURT STAFF) (Filed on 7/27/2020) (Entered: 07/27/2020) 09/24/2020 76 STIPULATION WITH PROPOSED ORDER Extending Time to Respond to Amended Complaint filed by Mukesh Aghi, Amy E. Alving, DXC Technology Company, David Herzog, Sachin Lawande, J. Michael Lawrie, Julio A. Portalatin, Peter Rutland, Manoj P. Singh, Robert F. Woods. (Attachments: # 1 Declaration of Nada L. Boutros)(Wine, Jamie) (Filed on 9/24/2020) (Entered: 09/24/2020) 09/25/2020 77 ORDER GRANTING 76 STIPULATION. Signed by Judge Beth Labson Freeman on 9/25/2020.(blflc4S, COURT STAFF) (Filed on 9/25/2020) (Entered: 09/25/2020) 09/25/2020 78 AMENDED COMPLAINT against All Defendants. Filed byNeil Costanzo, Ronald W. Fallness, Ronald Jackson. (Attachments: # 1 Exhibit Redline)(Apton, Adam) (Filed on 9/25/2020) (Entered: 09/25/2020)
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