In re David CAVANAUGH; In re Michael Hannon; In re Richard Weiss; In re Raymond Pfeifer; In re Robert Herrgott,
David Cavanaugh; Michael Hannon; Richard Weiss; Raymond Pfeifer; Robert Herrgott, Petitioners,
v.
United States District Court for the Northern District of California, Respondent,
Quinn Barton, Real Party in Interest.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 15, 2002.
Filed September 16, 2002.
Attorney(s) appearing for the Case
Patrick J. Coughlin of Milberg Weiss Bershad Hynes & Lerach LLP for the petitioners. Sanford Svetcov, Randi D. Bandman, Lesley E. Weaver, Eric A. Isaacson and Frederick B. Burnside, all of Milberg Weiss Bershad Hynes & Lerach LLP, along with David R. Scott and James E. Miller, Scott & Scott, LLC, joined him on the brief.
Daniel A. Osborn of Beatie and Osborn LLP argued for the real party in interest Quinn Barton.
The Honorable Vaughn R. Walker, United States District Judge for the Northern District of California, submitted a pro se brief. Professor Elliott J. Weiss of the James E. Rogers College of Law at the University of Arizona argued on Judge Walker's behalf.
Luis de la Torre of the Securities and Exchange Commission argued as an amicus curiae supporting real party in interest Quinn Barton. David M. Becker, Meyer Eisenberg, Jacob H. Stillman and Eric Summergrad joined him on the brief.
Professor Joseph A. Grundfest of Stanford Law School filed an amicus curiae brief supporting the respondent on behalf of the California Public Employees' Retirement System and Barclays Global Investors, N.A. James Finberg and Melanie M. Piech of Lieff, Cabraser, Heimann & Bernstein, LLP joined him on the brief.
Before WALLACE, KOZINSKI and PAEZ, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
OPINION
KOZINSKI, Circuit Judge.
On this petition for a writ of mandamus, we consider the authority of the district court to select a lead plaintiff under the Private Securities Litigation Reform Act ("Reform Act"), 15 U.S.C. § 78u-4.
Facts and Procedural Background
The share price of Copper Mountain Networks, Inc., a Palo Alto supplier of Digital Subscriber Line (DSL) products, fell from...
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