Silva v. Sayer

Opinion

NATHAN C. SILVA, derivatively on Case Nos.: 24-cv-1645-RSH-VET behalf of DEXCOM, INC., 24-cv-1799-RSH-VET

Plaintiff, ORDER DIRECTING ADDITIONAL v. BRIEFING

KEVIN R. SAYER, et al., Defendants. JEROME MALONE, derivatively on behalf of DEXCOM, INC., Plaintiff, v. KEVIN R. SAYER, et al., Defendants.

Before the Court is a joint motion to consolidate, appoint lead co-counsel, and stay proceedings filed by the Parties in Silva v. Sayer et al., 24cv1645-RSH-VET (“Silva”) and Malone v. Sayer et al., 24cv1799-RSH-VET (“Malone,” collectively “Related Actions”). Upon review of the joint motion, it appears that consolidation of these cases is appropriate. The Parties have not, however, submitted any argument or legal authority supporting their requests to appoint lead co-counsel or stay the proceedings. Absent any meaningful analysis on these issues, the Court will not grant the motion. For these reasons, the Court DIRECTS the Parties to submit a joint brief: (1) addressing the propriety of appointing the multiple firms as co-lead counsel in a consolidated shareholder derivative action; and (2) supporting the Parties’ request to stay, taking into account the competing interests the Court must weigh under Ninth Circuit precedent. See CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962). The Parties’ brief should be no more than ten pages in length and must be filed on or before November 29, 1/2024. Dated: November 14, 2024 ebut c Eb □□□□ B Hon. Robert S. Huie United States District Judge