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1 Michael E. Liftik (CA Bar No. 232430)
1300 I Street, Suite 900
2 Washington, D.C. 20005
Telephone: (202) 538-8000
3 michaelliftik@quinnemanuel.com
Emily C. Kapur (CA Bar No. 306724)
4 555 Twin Dolphin Dr., 5th Fl.
Redwood Shores, California 94065
5 Telephone: (650) 801-5000
emilykapur@quinnemanuel.com
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[Additional Counsel on Signature Page]
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Attorneys for Defendant Dfinity USA Research, LLC
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
11 DANIEL OCAMPO, Individually and on Case No. 21-CIV-03843
Behalf of All Others Similarly Situated,
12 CLASS ACTION
Plaintiff,
13 DECLARATION OF MICHAEL E.
LIFTIK IN FURTHER SUPPORT
14 v. OF DEFENDANT DFINITY USA
RESEARCH, LLC’S MOTION TO
15 DFINITY USA RESEARCH LLC, DFINITY STAY
STIFTUNG, AH CAPITAL MANAGEMENT,
16 L.L.C., POLYCHAIN CAPITAL, DOMINIC
WILLIAMS, and JOHN DOES 1-20, Hon. Danny Y. Chou
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Defendants. Dept. 22 – Ctrm. K
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Date Action Filed: July 15, 2021
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Date: January 27, 2022
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Time: 9:00 a.m.
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DECLARATION OF MICHAEL E. LIFTIK IN FURTHER SUPPORT OF DEFENDANT
DFINITY USA RESEARCH, LLC’S MOTION TO STAY, CASE NO. 21-CIV-03843
1 I, Michael E. Liftik, declare:
2 1. I am an attorney at law licensed to practice before this Court and all of the courts of
3 the state of California. I am an attorney with the law firm Quinn Emanuel Urquhart & Sullivan,
4 LLP, counsel of record for Defendant Dfinity USA Research, LLC. I am one of the attorneys
5 responsible for the representation of Dfinity USA Research, LLC in this matter and, as such, I have
6 personal knowledge of the facts set forth in this declaration. I am also counsel of record and one of
7 the attorneys responsible for representation of Dfinity USA Research, LLC in the action captioned
8 Valenti v. DFINITY USA Research LLC, et al., No. 21-cv-6118 (N.D. Cal.), currently pending in the
9 Northern District of California (the “Federal Action”). If called as a witness for this purpose, I could
10 and would testify competently under oath to the facts stated herein.
11 2. Attached hereto as Exhibit 3 is a true and correct copy of the Order Appointing Lead
12 Plaintiff and Lead Counsel in the Federal Action, dated December 20, 2021 (Valenti Dkt. No. 42)
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14 Executed on this 12th day of January, 2022 at 5:50 PM ET.
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16 /s/
Michael E. Liftik (CA Bar No. 232430)
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DECLARATION OF MICHAEL E. LIFTIK IN FURTHER SUPPORT OF DEFENDANT
DFINITY USA RESEARCH, LLC’S MOTION TO STAY, CASE NO. 21-CIV-03843
EXHIBIT 3
Case 3:21-cv-06118-JD Document 42 Filed 12/20/21 Page 1 of 2
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4 UNITED STATES DISTRICT COURT
5 NORTHERN DISTRICT OF CALIFORNIA
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7 DANIEL VALENTI, et al., Case No. 21-cv-06118-JD
Plaintiffs,
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[PROPOSED] ORDER APPOINTING
v. LEAD PLAINTIFF AND LEAD
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COUNSEL
10 DFINITY USA RESEARCH LLC, et al.,
Defendants.
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12 In accordance with the provisions of Section 27(a)(3)(B) of the Securities Act of 1933 (the
Northern District of California
United States District Court
13 “Securities Act”) and Section 21D(a)(3)(A)(i) of the Securities Exchange Act of 1934 (the
14 “Exchange Act”), on August 11, 2021, notice of the lead plaintiff application deadline was
15 published in a widely circulated national business-oriented wire service, advising class members
16 of the pendency of the class action, the claims asserted therein, the purported class period, and
17 their right to move this Court to be appointed lead plaintiff.
18 Pursuant to Section 27 of the Securities Act and Section 21D of the Exchange Act, any
19 purported class member desiring to be appointed lead plaintiff was required to have filed a motion
20 for such appointment no later than Tuesday, October 12, 2021.
21 Movant Henry Rodriguez (“Movant”) has timely filed a motion for appointment as lead
22 plaintiff. No other applications have been filed.
23 Movant Rodriguez otherwise satisfies the requirements of Section 27 of the Securities Act,
24 Section 21D of the Exchange Act and Rule 23 of the Federal Rules of Civil Procedure.
25 In accordance with Section 27(a)(3)(B)(v) of the Securities Act and Section
26 21D(a)(3)(B)(v) of the Exchange Act, Movant also seeks approval of his selection of counsel,
27 Roche Freedman LLP (“Roche Freedman”), to serve as lead counsel for the class.
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Case 3:21-cv-06118-JD Document 42 Filed 12/20/21 Page 2 of 2
1 The Court grants Rodriguez’s motion for lead plaintiff appointment and approval of his
2 selection of lead counsel, Dkt. No. 21, and orders as follows.
3 Pursuant to Section 27(a)(3)(B) of the Securities Act, 15 U.S.C. § 77z-1(a)(3)(B), and
4 Section 21D of the Exchange Act, 15 U.S.C. §78u-4(a)(3)(B), Movant Henry Rodriguez is
5 appointed as lead plaintiff for the putative class in this action.
6 Pursuant to Section 27(a)(3)(B)(v) of the Securities Act, 15 U.S.C. § 77z-1(a)(3)(B)(v),
7 and Section 21D(a)(3)(B)(v) of the Exchange Act, 15 U.S.C. §78u-4(a)(3)(B)(v), the Court
8 approves Rodriguez’s selected and retained counsel, Roche Freedman, to serve as lead counsel for
9 the putative class in the action.
10 The parties are directed to meet and confer to set a schedule for the filing of any amended
11 complaint, and for defendants’ complaint response.
12 IT IS SO ORDERED.
Northern District of California
United States District Court
13 Dated: December 20, 2021
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JAMES DONATO
16 United States District Judge
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Preview
1 Michael E. Liftik (CA Bar No. 232430) 1300 I Street, Suite 900 2 Washington, D.C. 20005 Telephone: (202) 538-8000 3 michaelliftik@quinnemanuel.com Emily C. Kapur (CA Bar No. 306724) 4 555 Twin Dolphin Dr., 5th Fl. Redwood Shores, California 94065 5 Telephone: (650) 801-5000 emilykapur@quinnemanuel.com 6 [Additional Counsel on Signature Page] 7 Attorneys for Defendant Dfinity USA Research, LLC 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 DANIEL OCAMPO, Individually and on Case No. 21-CIV-03843 Behalf of All Others Similarly Situated, 12 CLASS ACTION Plaintiff, 13 DECLARATION OF MICHAEL E. LIFTIK IN FURTHER SUPPORT 14 v. OF DEFENDANT DFINITY USA RESEARCH, LLC’S MOTION TO 15 DFINITY USA RESEARCH LLC, DFINITY STAY STIFTUNG, AH CAPITAL MANAGEMENT, 16 L.L.C., POLYCHAIN CAPITAL, DOMINIC WILLIAMS, and JOHN DOES 1-20, Hon. Danny Y. Chou 17 Defendants. Dept. 22 – Ctrm. K 18 Date Action Filed: July 15, 2021 19 Date: January 27, 2022 20 Time: 9:00 a.m. 21 22 23 24 25 26 27 28 DECLARATION OF MICHAEL E. LIFTIK IN FURTHER SUPPORT OF DEFENDANT DFINITY USA RESEARCH, LLC’S MOTION TO STAY, CASE NO. 21-CIV-03843 1 I, Michael E. Liftik, declare: 2 1. I am an attorney at law licensed to practice before this Court and all of the courts of 3 the state of California. I am an attorney with the law firm Quinn Emanuel Urquhart & Sullivan, 4 LLP, counsel of record for Defendant Dfinity USA Research, LLC. I am one of the attorneys 5 responsible for the representation of Dfinity USA Research, LLC in this matter and, as such, I have 6 personal knowledge of the facts set forth in this declaration. I am also counsel of record and one of 7 the attorneys responsible for representation of Dfinity USA Research, LLC in the action captioned 8 Valenti v. DFINITY USA Research LLC, et al., No. 21-cv-6118 (N.D. Cal.), currently pending in the 9 Northern District of California (the “Federal Action”). If called as a witness for this purpose, I could 10 and would testify competently under oath to the facts stated herein. 11 2. Attached hereto as Exhibit 3 is a true and correct copy of the Order Appointing Lead 12 Plaintiff and Lead Counsel in the Federal Action, dated December 20, 2021 (Valenti Dkt. No. 42) 13 14 Executed on this 12th day of January, 2022 at 5:50 PM ET. 15 16 /s/ Michael E. Liftik (CA Bar No. 232430) 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF MICHAEL E. LIFTIK IN FURTHER SUPPORT OF DEFENDANT DFINITY USA RESEARCH, LLC’S MOTION TO STAY, CASE NO. 21-CIV-03843 EXHIBIT 3 Case 3:21-cv-06118-JD Document 42 Filed 12/20/21 Page 1 of 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DANIEL VALENTI, et al., Case No. 21-cv-06118-JD Plaintiffs, 8 [PROPOSED] ORDER APPOINTING v. LEAD PLAINTIFF AND LEAD 9 COUNSEL 10 DFINITY USA RESEARCH LLC, et al., Defendants. 11 12 In accordance with the provisions of Section 27(a)(3)(B) of the Securities Act of 1933 (the Northern District of California United States District Court 13 “Securities Act”) and Section 21D(a)(3)(A)(i) of the Securities Exchange Act of 1934 (the 14 “Exchange Act”), on August 11, 2021, notice of the lead plaintiff application deadline was 15 published in a widely circulated national business-oriented wire service, advising class members 16 of the pendency of the class action, the claims asserted therein, the purported class period, and 17 their right to move this Court to be appointed lead plaintiff. 18 Pursuant to Section 27 of the Securities Act and Section 21D of the Exchange Act, any 19 purported class member desiring to be appointed lead plaintiff was required to have filed a motion 20 for such appointment no later than Tuesday, October 12, 2021. 21 Movant Henry Rodriguez (“Movant”) has timely filed a motion for appointment as lead 22 plaintiff. No other applications have been filed. 23 Movant Rodriguez otherwise satisfies the requirements of Section 27 of the Securities Act, 24 Section 21D of the Exchange Act and Rule 23 of the Federal Rules of Civil Procedure. 25 In accordance with Section 27(a)(3)(B)(v) of the Securities Act and Section 26 21D(a)(3)(B)(v) of the Exchange Act, Movant also seeks approval of his selection of counsel, 27 Roche Freedman LLP (“Roche Freedman”), to serve as lead counsel for the class. 28 Case 3:21-cv-06118-JD Document 42 Filed 12/20/21 Page 2 of 2 1 The Court grants Rodriguez’s motion for lead plaintiff appointment and approval of his 2 selection of lead counsel, Dkt. No. 21, and orders as follows. 3 Pursuant to Section 27(a)(3)(B) of the Securities Act, 15 U.S.C. § 77z-1(a)(3)(B), and 4 Section 21D of the Exchange Act, 15 U.S.C. §78u-4(a)(3)(B), Movant Henry Rodriguez is 5 appointed as lead plaintiff for the putative class in this action. 6 Pursuant to Section 27(a)(3)(B)(v) of the Securities Act, 15 U.S.C. § 77z-1(a)(3)(B)(v), 7 and Section 21D(a)(3)(B)(v) of the Exchange Act, 15 U.S.C. §78u-4(a)(3)(B)(v), the Court 8 approves Rodriguez’s selected and retained counsel, Roche Freedman, to serve as lead counsel for 9 the putative class in the action. 10 The parties are directed to meet and confer to set a schedule for the filing of any amended 11 complaint, and for defendants’ complaint response. 12 IT IS SO ORDERED. Northern District of California United States District Court 13 Dated: December 20, 2021 14 15 JAMES DONATO 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 2