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Case No. 17-CV-00787-LHK 

ORDER STAYING CASE PENDING FINAL JUDGMENTS IN SECURITIES AND CUSTOMER CLASS 

ACTIONS; ORDER DENYING AS MOOT MOTIONS; ORDER DENYING STIPULATION

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

DAVID SUMMER, et al.,

Plaintiffs,

v.

MARISSA A. MAYER, et al.,

Defendants.

Case No. 17-CV-00787-LHK 

ORDER STAYING CASE PENDING 

FINAL JUDGMENTS IN SECURITIES 

AND CUSTOMER CLASS ACTIONS;

ORDER DENYING AS MOOT

MOTIONS; ORDER DENYING 

STIPULATION

Re: Dkt. Nos. 24, 30, 31, 34, 36, 39

Pursuant to the Parties’ stipulation, ECF No. 39, “the Parties agree that the Derivative 

Action, Securities Class Action, and Customer Class Action involve certain overlapping 

defendants and certain common questions of fact related to the theft of user data from the 

Company’s servers in 2013 and 2014, and the Company’s response thereto.” Id. at 2. Further, 

“the Parties agree that certain of the relief requested and potential damages in this Derivative 

Action may be affected by the outcomes of the Securities Class Action and the Customer Class 

Action, and those actions may help inform the manner in which the Derivative Action proceeds.” 

Id. “[G]iven the circumstances of this case, in the interests of judicial efficiency, and to preserve 

the Company’s and the Court’s resources,” the Parties “agree that a stay of this Derivative Action

Case 5:17-cv-00810-LHK Document 17 Filed 09/25/17 Page 1 of 2
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Case No. 17-CV-00787-LHK 

ORDER STAYING CASE PENDING FINAL JUDGMENTS IN SECURITIES AND CUSTOMER CLASS 

ACTIONS; ORDER DENYING AS MOOT MOTIONS; ORDER DENYING STIPULATION

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United States District Court

Northern District of California

in favor of the Securities Class Action and Customer Class Action at this time is appropriate and 

in the Company’s best interests.” Id. 

Accordingly, the Court hereby stays this Derivative Action until entry of final judgments

in the Securities Class Action and the Customer Class Action. The Clerk shall administratively 

close the file, which is a purely internal administrative procedure that does not affect the rights of 

the parties. 

As a result, the Court DENIES as moot: (1) the motion to seal the verified consolidated 

stockholder derivative complaint, ECF No. 24; (2) the motion to dismiss, ECF No. 30; (3) the 

request for judicial notice in support of the motion to dismiss, ECF No. 31; (4) the motion to stay, 

ECF No. 34; (5) the motion to seal in support of the motion to dismiss, ECF No. 36. 

Plaintiffs shall not amend the complaint during the Parties’ agreed-to stay. Thus, the 

Parties’ stipulation, ECF No. 39, is DENIED. During the pendency of the stay, the Parties need 

not re-file the above motions to seal denied as moot. There shall be no further filings in this case 

until final judgment is entered in the Securities Class Action and the Customer Class Action. 

IT IS SO ORDERED.

Dated: September 25, 2017

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00810-LHK Document 17 Filed 09/25/17 Page 2 of 2