Pension Trust Fund For Operating Engineers v. DeVry Education Group, Inc. et al

Northern District of Illinois, ilnd-1:2016-cv-05198

MOTION by Defendants DeVry Education Group, Inc., Richard M. Gunst, Daniel Hamburger, Patrick J. Unzicker, Timothy J. Wiggins for leave to file excess pages / JOINT MOTION FOR LEAVE TO FILE BRIEFS IN EXCESS OF THE PAGE LIMIT

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Case: 1:16-cv-05198 Document #: 88 Filed: 02/22/18 Page 1 of 6 PageID #:1511 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PENSION TRUST FUND FOR OPERATING ENGINEERS, Individually and On Behalf of All Others Similarly Situated, No. 1:16-CV-05198 Plaintiff, v. Hon. Jorge L. Alonso DEVRY EDUCATION GROUP, INC., DANIEL HAMBURGER, RICHARD M. GUNST, PATRICK J. UNZICKER, and TIMOTHY J. WIGGINS, Defendants. JOINT MOTION FOR LEAVE TO FILE BRIEFS IN EXCESS OF THE PAGE LIMIT Defendants Adtalem Global Education Inc. f/k/a DeVry Education Group, Inc., Daniel Hamburger, Richard M. Gunst, Patrick K. Unzicker, and Timothy J. Wiggins, by and through their attorneys, Arnold & Porter Kaye Scholer LLP, and Lead Plaintiff Utah Retirement Systems ("Lead Plaintiff"), by and through its attorneys, Labaton Sucharow LLP and Wexler Wallace LLP, respectfully move the Court for leave for each party to exceed the page limit under Local Rule 7.1 for the memoranda of law that will be submitted in support of and in opposition to Defendants' motion to dismiss the Third Amended Class Action Complaint for Violations of the Federal Securities Laws ("TAC"). In support of this agreed motion, the Parties state as follows: 1. This is a putative class action asserting federal securities claims arising under the Securities Exchange Act of 1934, and governed by the Private Securities Litigation Reform Act of 1995 (the "PSLRA"), see 15 U.S.C. § 77z-1 et seq.; 15 U.S.C. § 78u-4 et seq. 2. On December 6, 2017, the Court entered a Memorandum Opinion and Order granting Defendants' motion to dismiss the Second Amended Class Action Complaint for Case: 1:16-cv-05198 Document #: 88 Filed: 02/22/18 Page 2 of 6 PageID #:1512 Violations of the Federal Securities Laws ("SAC") without prejudice. The Court permitted Lead Plaintiff to file an amended complaint. (ECF No. 80.) 3. On January 29, 2018, Lead Plaintiff filed the TAC, which consists of 229 pages and 518 paragraphs of allegations that defendants made numerous false and misleading statements and omissions in public disclosures spanning the over four-and-a-half year putative class period between August 26, 2011 and January 27, 2016. (ECF No. 84.) 4. Defendants intend to file a motion to dismiss the TAC, and the Parties intend to submit their papers in support of and in opposition to that motion under the briefing schedule set by the Court on February 12, 2018. (ECF No.87.) 5. Local Rule 7.1 states that a memorandum of law in support of or in opposition to any motion may not exceed 15 pages without prior approval of the court. If filed separately, each of the five defendants would be entitled to file a 15-page brief for a combined total of 75 pages. Because Defendants must address the voluminous allegations set forth in the amended complaint, they respectfully submit that additional pages above the 15-page limit are necessary to set forth their position as to why the TAC fails to state a cause of action under the PSLRA. 6. In the interest of efficiency, Defendants intend to file a single memorandum of law not to exceed 35 pages in support of the motion to dismiss the TAC, and a single reply memorandum of law not to exceed 20 pages. 7. Counsel for Lead Plaintiff has agreed to Defendants' proposals and requests 35 pages for its memorandum of law in opposition to the motion to dismiss the TAC. 8. The requested page limits set forth above are consistent with the extensions of the page limit that the Court granted the Parties leave to file for the memoranda of 2 Case: 1:16-cv-05198 Document #: 88 Filed: 02/22/18 Page 3 of 6 PageID #:1513 law in support of and in opposition to the motion to dismiss the SAC on December 2, 2016. (ECF No. 46.) For the reasons set for the above, the Parties respectfully request the Court to grant their request for the following extensions of the page limit under Local Rule 7.1: a. The page limit for Defendants' memorandum of law in support of their motion to dismiss the TAC shall be 35 pages. b. The page limit for Lead Plaintiff's memorandum of law in opposition to the motion to dismiss the TAC shall be 35 pages. c. The page limit for Defendants' reply memorandum of law in further support of the motion to dismiss the TAC shall be 20 pages. 3 Case: 1:16-cv-05198 Document #: 88 Filed: 02/22/18 Page 4 of 6 PageID #:1514 WHEREFORE, the parties respectfully request that the Court enter an order granting the Parties' Joint Motion for Leave to File Briefs in Excess of the Page Limit. Dated: February 22, 2018 Respectfully submitted, ARNOLD & PORTER KAYE SCHOLER LLP By: /s/ Alan N. Salpeter Alan N. Salpeter 70 West Madison Street, Suite 4200 Chicago, IL 60602 Telephone: (312) 583-2300 Facsimile: (312) 583-2360 Email: alan.salpeter@arnoldporter.com ARNOLD & PORTER KAYE SCHOLER LLP Phillip A. Geraci (admitted pro hac vice) Jeffrey A. Fuisz (admitted pro hac vice) Aaron F. Miner (admitted pro hac vice) 250 West 55th Street New York, NY 10019 Telephone: (212) 836-8000 Facsimile: (212) 836-8689 Email: phillip.geraci@arnoldporter.com jeffrey.fuisz@arnoldporter.com aaron.miner@arnoldporter.com Attorneys for Defendants 4 Case: 1:16-cv-05198 Document #: 88 Filed: 02/22/18 Page 5 of 6 PageID #:1515 WEXLER WALLACE LLP /s/ Kenneth A. Wexler Kenneth A. Wexler Mark R. Miller 55 West Monroe St., Suite 3300 Chicago, IL 60603 Tel: (312) 346-2222 Fax: (312) 346-0022 Email: kaw@wexlerwallace.com mrm@wexlerwallace.com Liaison Counsel for Lead Plaintiff Utah Retirement Systems LABATON SUCHAROW LLP /s/ Carol C. Villegas Jonathan Gardner (admitted pro hac vice) Carol C. Villegas (admitted pro hac vice) Theodore J. Hawkins (admitted pro hac vice) 140 Broadway New York, NY 10005 Tel: (212) 907-0700 Fax: (212) 818-0477 Email: jgardner@labaton.com cvillegas@labaton.com thawkins@labaton.com Mark S. Willis (admitted pro hac vice) 1050 Connecticut Avenue, NW, Suite 500 Washington, D.C. 20036 Tel: (202) 772-1880 Email: mwillis@labaton.com Lead Counsel for Lead Plaintiff Utah Retirement Systems 5 Case: 1:16-cv-05198 Document #: 88 Filed: 02/22/18 Page 6 of 6 PageID #:1516 CERTIFICATE OF SERVICE On February 22, 2018, I electronically submitted the foregoing document with the clerk of court for the U.S. District Court, Northern District of Illinois, using the electronic case filing system of the court. I hereby certify that I have served all counsel of record electronically or by another manner authorized by Federal Rule of Civil Procedure 5(b)(2). By: /s/ Alan N. Salpeter 6