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`SCOTT+SCOTT ATTORNEYS AT LAW LLP
`ALEX M. OUTWATER (CA Bar No. 259062)
`600 W. Broadway, Suite 3300
`San Diego, CA 92101
`Telephone: (619) 233-4565
`aoutwater@scott-scott.com
`Attorneys for Plaintiff Police and Fire Retirement System of the City of Detroit and
`Plaintiff Bucks County Employees’ Retirement System
`[Additional Counsel on Signature Page.]
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
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`IN RE ALPHABET, INC., SHAREHOLDER
`DERIVATIVE LITIGATION
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`CONSOLIDATED
`Case No. 3:21-cv-09388
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`ORDER APPOINTING CO-LEAD PLAINTIFFS AND LEAD COUNSEL
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`[PROPOSED] ORDER APPOINTING CO-LEAD PLAINTIFFS AND LEAD
`COUNSEL CONSOLIDATED CASE NO. 3:21-cv-09388
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`Case 3:21-cv-09388-RS Document 28 Filed 12/08/21 Page 2 of 4
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`WHEREAS, on December 3, 2021, Plaintiff Bucks County Employees’ Retirement
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`System (“Bucks County”), on behalf of Nominal Defendant Alphabet, Inc. (“Alphabet”), filed a
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`Verified Stockholder Derivative Complaint partially under seal, against certain directors and
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`officers of Alphabet;
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`WHEREAS, on December 3, 2021, Plaintiff Police and Fire Retirement System of the
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`City of Detroit (“Detroit”) (Detroit and Bucks County are together referred to herein as
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`“Plaintiffs”), on behalf of Nominal Defendant Alphabet, filed a Verified Stockholder Derivative
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`Complaint partially under seal, against certain directors and officers of Alphabet (the “Detroit
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`Complaint”);
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`WHEREAS, the parties agreed that consolidation of the above-captioned actions is
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`appropriate under Fed. R. Civ. P. 42(a), which provides: “If actions before the court involve a
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`common question of law or fact, the court may: (1) join for hearing or trial any or all matters at
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`issue in the actions; (2) consolidate the actions; or (3) issue any other orders to avoid unnecessary
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`cost or delay” and filed a Stipulation for Consolidation, which was ordered separately;
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`WHEREAS, Bucks County and Detroit believe that the organization of Co-Lead
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`Plaintiffs’ counsel and appointment of Lead Counsel is appropriate to ensure that the actions are
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`prosecuted effectively and efficiently;
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`WHEREAS, for the reasons stated in Bucks County’s and Detroit’s Unopposed
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`Administrative Motion for Appointing Co-Lead Plaintiffs and Lead Counsel, and for good cause
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`shown;
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`IT IS HEREBY ORDERED, this
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`day of ________, 2021:
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`1.
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`Bucks County and Detroit are appointed Co-Lead Plaintiffs in the consolidated
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`action, In re Alphabet, Inc. Stockholder Derivative Litigation, Consolidated Case No. 5:21-cv-
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`[PROPOSED] ORDER APPOINTING CO-LEAD PLAINTIFFS AND LEAD
`COUNSEL CONSOLIDATED CASE NO. 3:21-cv-09388
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`Case 3:21-cv-09388-RS Document 28 Filed 12/08/21 Page 3 of 4
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`09388 (the “Consolidated Action”);
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`2.
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`The law firm of Scott+Scott Attorneys at Law LLP, 600 W. Broadway, Suite 3300,
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`San Diego, CA 92101, is appointed Co-Lead Plaintiffs’ Lead Counsel in the Consolidated Action;1
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`3.
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`Co-Lead Plaintiffs’ Lead Counsel shall set policy for Plaintiffs for the prosecution
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`of this litigation, ensure that there is no duplication of effort or unnecessary expense, coordinate
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`on behalf of Plaintiffs in the initiation and conduct of discovery proceedings, provide direction,
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`supervision, and coordination of all activities of Plaintiffs’ counsel, and have the authority to
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`negotiate a settlement, subject to approval of Plaintiffs and the Court. Any agreement reached
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`between counsel for Defendants and Co-Lead Plaintiffs’ Lead Counsel shall be binding on the
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`other Plaintiffs;
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`4.
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`Co-Lead Plaintiffs’ Lead Counsel shall assume the following powers and
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`responsibilities:
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`a)
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`b)
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`c)
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`proceedings;
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`coordinate and direct the preparation of pleadings;
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`coordinate and direct the briefing and argument of motions;
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`coordinate and direct the conduct of discovery and other pretrial
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`d)
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`coordinate the selection of counsel to act as Plaintiffs’ spokesperson at
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`pretrial conferences;
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`e)
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`call meetings of Plaintiffs’ counsel as they deem necessary and appropriate
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`from time to time;
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`f)
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`conduct any and all settlement negotiations with counsel for Defendants;
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`1
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`Defendants take no position on the appointment of Plaintiffs’ Lead Counsel.
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`[PROPOSED] ORDER APPOINTING CO-LEAD PLAINTIFFS AND LEAD
`COUNSEL CONSOLIDATED CASE NO. 3:21-cv-09388
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`Case 3:21-cv-09388-RS Document 28 Filed 12/08/21 Page 4 of 4
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`g)
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`coordinate and direct the preparation for trial and trial of the Consolidated
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`Action, and delegate work responsibilities to selected counsel as may be required; and
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`h)
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`coordinate and direct any other matters concerning the prosecution or
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`resolution of the Consolidated Action;
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`5.
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`Co-Lead Plaintiffs’ Lead Counsel shall also be responsible for coordinating all
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`activities and appearances on behalf of Plaintiffs and for the dissemination of notices and orders
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`of this Court, as well as for communications to and from this Court. No motion, request for
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`discovery, or other pretrial or trial proceedings shall be initiated or filed by any Plaintiff except
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`through Co-Lead Plaintiffs’ Lead Counsel.
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`6.
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`Nothing herein shall be construed as a waiver of any party’s rights or positions in
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`law or in equity, or as a waiver of any defenses that any party would otherwise have, and the
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`parties reserve all such rights.
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`Dated: December ____, 2021
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`SO ORDERED:
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`UNITED STATES DISTRICT COURT JUDGE
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`[PROPOSED] ORDER APPOINTING CO-LEAD PLAINTIFFS AND LEAD
`COUNSEL CONSOLIDATED CASE NO. 3:21-cv-09388
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