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Surratt v. Funko, Inc.

United States District Court, W.D. Washington, Seattle

March 5, 2018

MICHAEL SURRATT, Individually and On Behalf of All Others Similarly Situated, Plaintiff,
v.
FUNKO, INC.; BRIAN MARIOTTI; RUSSELL NICKEL; KEN BROTMAN; GINO DELLOMO; CHARLES DENSON; DIANE IRVINE; ADAM KRIGER; RICHARD MCNALLY; GOLDMAN, SACHS & CO.; J.P. MORGAN SECURITIES LLC; MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED; PIPER JAFFRAY & CO.; JEFFERIES LLC; STIFEL, NICOLAUS & COMPANY, INCORPORATED; BMO CAPITAL MARKETS CORP.; and SUNTRUST ROBINSON HUMPHREY, INC., Defendants.

          BRESKIN JOHNSON & TOWNSEND PLLC By Roger M. Townsend, Of Counsel LEVI & KORSINSKY, LLP Attorneys for Plaintiff

          SAVITT BRUCE & WILLEY LLP By Stephen C. Willey, Of Counsel LATHAM & WATKINS LLP Attorneys for Defendants Funko, Inc.; Brian Mariotti; Russell Nickel; Ken Brotman; Gino Dellomo; Charles Denson; Diane Irvine; Adam Kriger; and Richard McNally

          SIDLEY AUSTIN LLP By Robin E. Wechkin, Attorneys for Defendants Goldman, Sachs & Co. LLC; J.P. Morgan Securities LLC; Merrill Lynch, Pierce, Fenner & Smith Incorporated; Piper Jaffray & Co.; Jefferies LLC; Stifel, Nicolaus & Company, Incorporated; BMO Capital Markets Corp.; and SunTrust Robinson Humphrey, Inc.

          STIPULATION AND ORDER EXTENDING TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND PENDING REMAND PROCEEDINGS

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

         Plaintiff Michael Surratt (“Plaintiff”) and Defendants, by and through their undersigned counsel of record, hereby stipulate and agree as follows:

         1. On January 16, 2018, Plaintiff filed the complaint in this putative class action (the “Complaint”) in the Superior Court of Washington in and for King County against Funko, Inc., Brian Mariotti, Russell Nickel, Ken Brotman, Gino Dellomo, Charles Denson, Diane Irvine, Adam Kriger, and Richard McNally (collectively, the “Funko Defendants”); Goldman, Sachs & Co., now known as Goldman Sachs & Co. LLC; J.P. Morgan Securities LLC; Merrill Lynch, Pierce, Fenner & Smith Incorporated; Piper Jaffray & Co.; Jefferies LLC; Stifel, Nicolaus & Company, Incorporated; BMO Capital Markets Corp.; and SunTrust Robinson Humphrey, Inc. (collectively, the “Underwriter Defendants, ” and together with the Funko Defendants, the “Defendants”).

         2. The Complaint alleges violations of Sections 11 and 15 of the federal Securities Act of 1933, 15 U.S.C. § 77a, et seq.

         3. On February 23, 2018, the Funko Defendants removed this action to this Court, along with two additional cases arising out of the same allegations and asserting substantially the same causes of action as this case. See Baskin v. Funko, Inc., et al., 2:18-cv-00281-RSM; The Ronald and Maxine Linde Foundation v. Funko, Inc., et al., 2:18-cv-00282-RSM.

         4. Although the Funko Defendants identified all three removed actions as “related to” Lowinger v. Funko, Inc., et al., 2:18-cv-00201-RSM, which the Funko Defendants removed to this Court on February 7, 2018, the cases were assigned to different judges.

         5. On February 28, 2018, this action was reassigned to Judge Ricardo S. Martinez, as related to Lowinger v. Funko, Inc., et al., 2:18-cv-00201-RSM.

         6. The Funko Defendants intend to seek consolidation of the four Funko cases.

         7. Pursuant to the Federal Rules of Civil Procedure, the Funko Defendants must answer, move, or otherwise respond to the Complaint in this action on or before March 2, 2018.

         8. Plaintiff intends to file a motion to remand this action to the Superior Court of Washington in and for King County.

         9. The plaintiff in Lowinger filed a motion to remand proceedings to the Superior Court of Washington in and ...


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