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City of Pontiac Police and Fire Retirement System v. Caldwell et al, Docket No. 5:20-cv-06794 (N.D. Cal. Sep 29, 2020), Court Docket
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City of Pontiac Police and Fire Retirement System v. Caldwell et al

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Court Dockets
cand
U.S. District Court
California Northern District (San Jose)
CIVIL DOCKET FOR CASE #: 5:20-cv-06794-LHK

City of Pontiac Police and Fire Retirement System v. Caldwell et al

DOCKET INFORMATION
Minimize
Date Filed: Sep 29, 2020
Nature of suit:160 Stockholders Suits
Assigned to:Judge Lucy H. Koh
Cause:15:78m(a) Securities Exchange Act
Jurisdiction:Federal Question
Jury demand:Plaintiff
Referred to:Magistrate Judge Susan van Keulen

Parties and Attorneys

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 Plaintiff
City of Pontiac Police and Fire Retirement System
Plaintiff
Representation
Benny Copeline Goodman , III
Robbins Geller Rudman & Dowd LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
(619) 231-1058
Fax: (619) 231-7423
bennyg@rgrdlaw.com
ATTORNEY TO BE NOTICED
Darren Jay Robbins
Robbins Geller Rudman & Dowd LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
(619) 231-1058
Fax: (619) 231-7423
darrenr@rgrdlaw.com
ATTORNEY TO BE NOTICED
Travis E. Downs , III
Robbins Geller Rudman & Dowd LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
(619) 231-1058
Fax: (619) 231-7423
travisd@rgrdlaw.com
ATTORNEY TO BE NOTICED
Shawn A. Williams
Robbins Geller Rudman & Dowd LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
(415) 288-4545
Fax: (415) 288-4534
shawnw@rgrdlaw.com
ATTORNEY TO BE NOTICED

 Defendant
John E. Caldwell
Defendant
Representation
Elizabeth L. Deeley
Latham & Watkins LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
(415) 391-0600
Fax: (415) 395-8095
elizabeth.deeley@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hilary Hellmuth Mattis
Latham & Watkins LLP
140 Scott. Drive
Menlo Park, CA 94025
(650) 328-4600
Fax: (650) 463-2600
hilary.mattis@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jason C. Hegt
Latham & Watkins LLP
885 Third Avenue, Suite 1000
New York, NY 10022
(212) 906-1200
Fax: (212) 751-4864
jason.hegt@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Trach
Latham and Watkins LLP
200 Clarendon Street
Boston, MA 02116
(617) 948-6000
Fax: (617) 948-6001
william.trach@lw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Morgan Edwin Whitworth
Latham and Watkins LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111
(415) 395-8011
Fax: (415) 395-8095
morgan.whitworth@lw.com
ATTORNEY TO BE NOTICED

 Defendant
Nora M. Denzel
Defendant
Representation
Elizabeth L. Deeley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hilary Hellmuth Mattis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jason C. Hegt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Trach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Morgan Edwin Whitworth
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Mark Durcan
Defendant
Representation
Elizabeth L. Deeley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hilary Hellmuth Mattis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jason C. Hegt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Trach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Morgan Edwin Whitworth
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Michael P. Gregoire
Defendant
Representation
Elizabeth L. Deeley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hilary Hellmuth Mattis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jason C. Hegt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Trach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Morgan Edwin Whitworth
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Joseph A. Householder
Defendant
Representation
Elizabeth L. Deeley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hilary Hellmuth Mattis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jason C. Hegt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Trach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Morgan Edwin Whitworth
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
John W. Marren
Defendant
Representation
Elizabeth L. Deeley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hilary Hellmuth Mattis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jason C. Hegt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Trach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Morgan Edwin Whitworth
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Abhi Y. Talwalker
Defendant
Representation
Elizabeth L. Deeley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hilary Hellmuth Mattis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jason C. Hegt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Trach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Morgan Edwin Whitworth
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Lisa T. Su
Defendant
Representation
Elizabeth L. Deeley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hilary Hellmuth Mattis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jason C. Hegt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Trach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Morgan Edwin Whitworth
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Advanced Micro Devices, Inc.
Defendant
Representation
Elizabeth L. Deeley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Hilary Hellmuth Mattis
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jason C. Hegt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William J. Trach
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Morgan Edwin Whitworth
(See above for address)
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Sep 29, 2020ViewCOMPLAINT Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Unjust Enrichment and Violation of the Federal Securities Laws against Advanced Micro Devices, Inc., John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Lisa T. Su, Abhi Y. Talwalker ( Filing fee $ 400, receipt number 0971-15001937.). Filed byCity of Pontiac Police and Fire Retirement System. (Attachments: # 1 Civil Cover Sheet)(Williams, Shawn) (Filed on 9/29/2020) (Entered: 09/29/2020)
2Sep 29, 2020ViewProposed Summons. (Williams, Shawn) (Filed on 9/29/2020) (Entered: 09/29/2020)
3Sep 29, 2020ViewCertificate of Interested Entities by City of Pontiac Police and Fire Retirement System (Williams, Shawn) (Filed on 9/29/2020) (Entered: 09/29/2020)
4Sep 29, 2020RequestCase assigned to Magistrate Judge Susan van Keulen. 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. Consent/Declination due by 10/13/2020. (bwS, COURT STAFF) (Filed on 9/29/2020) (Entered: 09/30/2020)
5Sep 29, 2020ViewInitial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/22/2020. Initial Case Management Conference set for 12/29/2020 09:30 AM in San Jose, Courtroom 6, 4th Floor. (dhmS, COURT STAFF) (Filed on 9/29/2020) (Entered: 09/30/2020)
6Sep 30, 2020ViewSummons Issued as to Advanced Micro Devices, Inc., John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Lisa T. Su, Abhi Y. Talwalker. (dhmS, COURT STAFF) (Filed on 9/30/2020) (Entered: 09/30/2020)
7Oct 20, 2020ViewSTIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Re Service and Responsive Pleading Scheduling filed by City of Pontiac Police and Fire Retirement System. (Downs, Travis) (Filed on 10/20/2020) (Entered: 10/20/2020)
8Oct 21, 2020RequestCLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 10/28/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 10/21/2020) (Entered: 10/21/2020)
9Oct 22, 2020ViewNOTICE of Appearance by Elizabeth L. Deeley on behalf of John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Abhi Y. Talwalkar, Lisa T. Su and Nominal Defendant Advanced Micro Devices, Inc. (Deeley, Elizabeth) (Filed on 10/22/2020) (Entered: 10/22/2020)
10Oct 22, 2020ViewNOTICE of Appearance by Hilary Hellmuth Mattis on behalf of John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Abhi Y. Talwalkar, Lisa T. Su and Nominal Defendant Advanced Micro Devices, Inc. (Mattis, Hilary) (Filed on 10/22/2020) (Entered: 10/22/2020)
11Oct 22, 2020ViewNOTICE of Appearance by Morgan Edwin Whitworth on behalf of John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Abhi Y. Talwalkar, Lisa T. Su and Nominal Defendant Advanced Micro Devices, Inc. (Whitworth, Morgan) (Filed on 10/22/2020) (Entered: 10/22/2020)
12Oct 22, 2020ViewMOTION for leave to appear in Pro Hac Vice for William J. Trach ( Filing fee $ 310, receipt number 0971-15099676.) filed by Advanced Micro Devices, Inc., John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Lisa T. Su, Abhi Y. Talwalker. (Attachments: # 1 Certificate of Good Standing)(Trach, William) (Filed on 10/22/2020) (Entered: 10/22/2020)
13Oct 22, 2020ViewMOTION for leave to appear in Pro Hac Vice for Jason C. Hegt ( Filing fee $ 310, receipt number 0971-15099706.) filed by Advanced Micro Devices, Inc., John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Lisa T. Su, Abhi Y. Talwalker. (Attachments: # 1 Certificate of Good Standing)(Hegt, Jason) (Filed on 10/22/2020) (Entered: 10/22/2020)
14Oct 22, 2020ViewCertificate of Interested Entities by Advanced Micro Devices, Inc., John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Lisa T. Su, Abhi Y. Talwalker (Deeley, Elizabeth) (Filed on 10/22/2020) (Entered: 10/22/2020)
15Oct 22, 2020ViewCorporate Disclosure Statement by Advanced Micro Devices, Inc. (Deeley, Elizabeth) (Filed on 10/22/2020) (Entered: 10/22/2020)
16Oct 23, 2020ViewORDER granting 12 Application for Admission Pro Hac Vice of William J. Trach. Signed by Judge Susan van Keulen on 10/23/2020.(svklc1S, COURT STAFF) (Filed on 10/23/2020) (Entered: 10/23/2020)
17Oct 23, 2020ViewORDER granting 13 Application for Admission Pro Hac Vice of Jason C. Hegt. Signed by Judge Susan van Keulen on 10/23/2020. (svklc1S, COURT STAFF) (Filed on 10/23/2020) (Entered: 10/23/2020)
18Oct 28, 2020ViewCONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Advanced Micro Devices, Inc., John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Lisa T. Su, Abhi Y. Talwalker.. (Deeley, Elizabeth) (Filed on 10/28/2020) (Entered: 10/28/2020)
19Oct 29, 2020Request2nd CLERK'S NOTICE Re: Consent or Declination: Plaintiff City of Pontiac Police and Fire Retirement System shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 11/12/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jhfS, COURT STAFF) (Filed on 10/29/2020) (Entered: 10/29/2020)
20Oct 29, 2020ViewCONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City of Pontiac Police and Fire Retirement System.. (Williams, Shawn) (Filed on 10/29/2020) (Entered: 10/29/2020)
21Oct 29, 2020RequestCLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (jhfS, COURT STAFF) (Filed on 10/29/2020) (Entered: 10/29/2020)
22Oct 30, 2020ViewORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Lucy H. Koh for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan van Keulen remains as referral judge assigned assigned to case. Reassignment Order signed by Clerk on 10/30/2020. (Attachments: # 1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 10/30/2020) (Entered: 10/30/2020)
23Nov 2, 2020Request**CLERK'S NOTICE FOLLOWING CASE REASSIGNMENT TO THE HONORABLE LUCY H. KOH** Following the case reassignment to the Honorable Lucy H. Koh, an Initial Case Management Conference is set for January 13, 2021 at 2:00 PM in Courtroom 8, 4th floor, in San Jose, California. The Joint Case Management Statement is due seven days prior to the Initial Case Management Conference. See Civil L.R. 16-9 and Civil L.R. 16-10(a). The parties shall familiarize themselves with the Scheduling Notes and Standing Orders for the Hon. Lucy H. Koh: http://cand.uscourts.gov/lhk. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 11/2/2020) (Entered: 11/02/2020)
24Nov 2, 2020ViewOrder by Judge Lucy H. Koh granting 7 Stipulation re: Responsive Pleading Scheduling. (lhklc3, COURT STAFF) (Filed on 11/2/2020) (Entered: 11/02/2020)
25Dec 18, 2020ViewMOTION to Dismiss 1 Plaintiff's Verified Shareholder Derivative Complaint filed by Advanced Micro Devices, Inc., John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Lisa T. Su, Abhi Y. Talwalker. Motion Hearing set for 4/8/2021 01:30 PM in San Jose, Courtroom 8, 4th Floor before Judge Lucy H. Koh. Responses due by 2/12/2021. Replies due by 3/12/2021. (Attachments: # 1 Declaration of Morgan E. Whitworth, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Declaration of Linda Lam, # 22 Proposed Order)(Deeley, Elizabeth) (Filed on 12/18/2020) (Entered: 12/18/2020)
26Dec 18, 2020ViewRequest for Judicial Notice re 25 MOTION to Dismiss 1 Plaintiff's Verified Shareholder Derivative Complaint filed byAdvanced Micro Devices, Inc., John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Lisa T. Su, Abhi Y. Talwalker. (Attachments: # 1 Proposed Order)(Related document(s) 25 ) (Deeley, Elizabeth) (Filed on 12/18/2020) (Entered: 12/18/2020)
27Dec 23, 2020ViewSTIPULATION WITH PROPOSED ORDER Continuing Initial Case Management Conference and Associated Deadlines filed by Advanced Micro Devices, Inc., John E. Caldwell, Nora M. Denzel, Mark Durcan, Michael P. Gregoire, Joseph A. Householder, John W. Marren, Lisa T. Su, Abhi Y. Talwalker. (Attachments: # 1 of Elizabeth L. Deeley)(Deeley, Elizabeth) (Filed on 12/23/2020) (Entered: 12/23/2020)
28Dec 28, 2020Request**CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE** Pursuant to this notice, the Initial Case Management Conference is CONTINUED from January 13, 2021 to April 28, 2021 at 2:00 PM before Judge Lucy H. Koh. A Joint Case Management Statement is due April 21, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 12/28/2020) (Entered: 12/28/2020)
29Dec 28, 2020RequestOrder by Judge Lucy H. Koh Denying as Moot 27 Stipulation in light of the Clerk's Notice at ECF No. 28. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kedS, COURT STAFF) (Filed on 12/28/2020) (Entered: 12/28/2020)
30Feb 12, 2021ViewOPPOSITION/RESPONSE (re 25 MOTION to Dismiss 1 Plaintiff's Verified Shareholder Derivative Complaint ) Plaintiff's Opposition to Defendants' Motion to Dismiss Plaintiff's Verified Derivative Shareholder Complaint filed byCity of Pontiac Police and Fire Retirement System. (Attachments: # 1 Proposed Order)(Goodman, Benny) (Filed on 2/12/2021) (Entered: 02/12/2021)
31Feb 12, 2021ViewDeclaration of Travis E. Downs III in Support of 30 Opposition/Response to Motion, Declaration of Travis E. Downs III in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss Plaintiff's Verified Shareholder Derivative Complaint filed byCity of Pontiac Police and Fire Retirement System. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Related document(s) 30 ) (Downs, Travis) (Filed on 2/12/2021) (Entered: 02/12/2021)

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