No. 20-1541
Pivotal Software, Inc., et al. v. Superior Court of California, City and County of San Francisco, et al.
Tags: discovery-stay federal-court private-action reform-act securities-act securities-litigation state-court
Key Terms:
Securities ClassAction
Securities ClassAction
Latest Conference:
2021-07-01
(distributed 3 times)
Question Presented (AI Summary)
Whether the Reform Act's discovery-stay provision applies to a private action under the Securities Act in state or federal court, or solely to a private action in federal court
Question Presented (from Petition)
QUESTION PRESENTED Section 77z-1(b)(1) of the Private Securities Litigation Reform Act (“Reform Act”) provides: In any private action arising under [the Securities Act of 1933], all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds, upon the motion of any party, that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. 15 U.S.C. § 77z-1(b)(1) (emphasis added). The question presented is: Whether the Reform Act’s_ discovery-stay provision applies to a private action under the Securities Act in state or federal court, or solely to a private action in federal court.
Docket Entries
2023-02-21
Case Dismissed - Rule 46.
2023-02-16
Joint stipulation to dismiss the case pursuant to Rule 46.1 filed.
2023-01-03
Letter from the parties updating Clerk on settlement proceedings filed.
2022-11-18
Letter from the parties updating Clerk on settlement proceedings filed.
2022-10-06
Letter from the parties updating Clerk on settlement proceedings filed.
2022-08-22
Letter from the parties updating Clerk on settlement proceedings filed.
2022-07-08
Letter from the parties updating Clerk on settlement proceedings filed.
2022-05-26
Letter from the parties updating Clerk on settlement proceedings filed.
2022-04-11
Letter from the parties updating Clerk on settlement proceedings filed.
2022-02-25
Letter from the parties updating Clerk on settlement proceedings filed.
2022-01-13
Letter from the parties updating Clerk on settlement proceedings filed.
2021-12-10
Amendment to Rule 29.6 Corporate Disclosure Statement filed.
2021-11-29
Letter from the parties updating Clerk on settlement proceedings filed.
2021-10-20
Record received from Court of Appeals of California First Appellate District and also filings from California Supreme Court. The record has been electronically filed.
2021-10-15
Letter from the parties updating Clerk on settlement proceedings filed.
2021-09-02
REMOVED from the November 2021 ARGUMENT CALENDAR.
2021-09-02
The case is removed from the argument calendar for Tuesday, November 9, 2021, and the briefing schedule is held in abeyance. The parties are directed to provide further updates to the Court concerning settlement proceedings.
2021-09-01
Record requested from the Court of Appeals of California First Appellate District..
2021-08-27
Joint motion to hold further briefing in abeyance and remove the case from the November 2021 argument calendar filed.
2021-08-23
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2021-08-23
Brief amicus curiae of Washington Legal Foundation filed.
2021-08-23
Brief amicus curiae of Society for Corporate Governance filed.
2021-08-23
Brief amicus curiae of Securities Industry and Financial Markets Association filed.
2021-08-23
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
2021-08-18
Blanket Consent filed by Respondents, Zhung Tran, et al.
2021-08-16
Brief of petitioners Pivotal Software, Inc., et al. filed.
2021-08-16
ARGUMENT SET FOR Tuesday, November 9, 2021.
2021-07-15
Motion to dispense with printing the joint appendix filed by petitioners Pivotal Software, Inc., et al.
2021-07-02
Petition GRANTED.
2021-07-01
DISTRIBUTED for Conference of 7/1/2021.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-07
Reply of petitioner Pivotal Software, Inc., et al. filed. (Distributed)
2021-06-04
Brief of respondents Zhung Tran, et al. in opposition filed. (Distributed)
2021-06-02
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
2021-05-13
Application (20A164) withdrawn.
2021-05-13
Letter of applicants received.
2021-05-12
Response to application from respondents Zhung Tran, et al. filed.
2021-05-11
Response Requested. (Due June 4, 2021)
2021-05-11
DISTRIBUTED for Conference of 5/27/2021.
2021-05-07
Brief amici curiae of The Chamber of Commerce of the United States of America; and the Securities Industry and Financial Markets Association filed. (Distributed)
2021-05-07
Waiver of right of respondents Zhung Tran, et al. to respond filed.
2021-05-06
Response to application (20A164) requested by Justice Kagan, due Wednesday, May 12, by 4 p.m. ET.
2021-05-03
Petition for a writ of certiorari filed. (Response due June 4, 2021)
2021-05-03
Application (20A164) for a stay pending the disposition of the petition for a writ of certiorari, submitted to Justice Kagan.
Attorneys
Pivotal Software, Inc., et al.
Deanne Elizabeth Maynard — Morrison & Foerster LLP, Petitioner
Deanne Elizabeth Maynard — Morrison & Foerster LLP, Petitioner
Securities Industry and Financial Markets Association
William Michael Regan — Hogan Lovells US LLP, Amicus
William Michael Regan — Hogan Lovells US LLP, Amicus
Society for Corporate Governance
Jeremy Charles Marwell — Vinson & Elkins LLP, Amicus
Jeremy Charles Marwell — Vinson & Elkins LLP, Amicus
The Chamber of Commerce of the United States of America
Eric Chunyee Tung — Jones Day, Amicus
Eric Chunyee Tung — Jones Day, Amicus
Washington Legal Foundation
Lyle Roberts — Shearman & Sterling LLP, Amicus
Lyle Roberts — Shearman & Sterling LLP, Amicus
Zhung Tran, et al.
Thomas C. Goldstein — Goldstein & Russell, P.C., Respondent
Thomas C. Goldstein — Goldstein & Russell, P.C., Respondent
Steve W. Berman — Hagens Berman Sobol Shapiro LLP, Respondent
Steve W. Berman — Hagens Berman Sobol Shapiro LLP, Respondent