Copia Claims v. Calif Infrastructure and Economic Dev. Bank

Filing 44

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/24/09: Pursuant to the Court's order of August 4, 2009, Defendants will move to dismiss the Consolidated Complaint on or before December 4, 2009. A hearing on Defendants' motions to dismiss the Consolidated Complaint is scheduled on February 8, 2010 at 9:00 a.m. (Kaminski, H)

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KEVIN P. MUCK (CSB No. 120918) CATHERINE KEVANE (CSB No. 215501) FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] Attorneys for Defendant Orrick, Herrington & Sutcliffe LLP

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION WILLIAM GEORGE, on behalf of himself and all other persons similarly situated, Plaintiff, vs. CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK, a public instrumentality of the State of California and ORRICK, HERRINGTON & SUTCLIFFE, LLP, an entity, Defendants. Case No.: 2:09-CV-01610-GEB-DAD STIPULATION AND ORDER REGARDING BRIEFING AND HEARING SCHEDULE FOR DEFENDANTS' MOTIONS TO DISMISS

WHEREAS: 1. This case, an alleged class action asserting claims under Section 10(b) of the

Securities Exchange Act of 1934, is subject to the requirements of the Private Securities Litigation Reform Act of 1995 ("PSLRA"); 2. to which: a. Within forty-five (45) days from the date that the Court appointed a lead On August 4, 2009, the Court signed a stipulation and order [Docket No. 26] pursuant

plaintiff in this action pursuant to 15 U.S.C. § 78u-4(3)(B), such lead plaintiff was to file a further
STIPULATION AND [PROPOSED] ORDER RE: BRIEFING AND HEARING SCHEDULE FOR MOTIONS TO DISMISS

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CASE NO. 2:09-CV-01610-GEB-DAD

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amended complaint as its Operative Complaint, or designate the most recent complaint on file as its Operative Complaint; b. Within forty-five (45) days from the date that the Court-appointed lead

plaintiff filed or designated its Operative Complaint (pursuant to the preceding paragraph), defendants were to move, answer or otherwise respond to the Operative Complaint; and c. Defendants had no obligation to move, answer or otherwise respond to

any complaint in this action until the Operative Complaint was designated or filed by the Courtappointed lead plaintiff; 3. On September 15, 2009, the Court granted William George's ("Lead Plaintiff")

motion to be appointed lead plaintiff and approved of his selection of McGrane Greenfield LLP and Kershaw, Cutter & Ratinoff, LLP as lead counsel in this action [Docket No. 39]; 4. On October 20, 2009, Lead Plaintiff filed a Consolidated Complaint for Violation of

Section 10(b) of the Securities Exchange Act of 1934 and of Rule 10b-5 Promulgated Thereunder ("Consolidated Complaint") against Defendants California Infrastructure and Economic Development Bank ("I-Bank") and Orrick, Herrington & Sutcliffe, LLP ("Orrick") (collectively "Defendants") [Docket No. 40]; 5. On October 21, 2009, pursuant to the Court's order dated August 4, 2009 [Docket No.

26], Lead Plaintiff designated the Consolidated Complaint filed on October 20, 2009 [Docket No. 40] as the Operative Complaint in this matter [Docket No. 41]; 6. Under the terms of the prior stipulation and order entered by the Court, defendants'

deadline for responding to the Consolidated Complaint is December 4, 2009; and 7. Defendants intend to file a motion to dismiss the Consolidated Complaint, and the

parties have agreed upon a mutually acceptable briefing and hearing schedule for that motion. THEREFORE, IT IS HEREBY STIPULATED, by and among the undersigned counsel for the parties, that: 1. Pursuant to the Court's order of August 4, 2009, Defendants will move to dismiss the

Consolidated Complaint on or before December 4, 2009;

STIPULATION AND [PROPOSED] ORDER RE: BRIEFING AND HEARING SCHEDULE FOR MOTIONS TO DISMISS

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2.

Lead Plaintiff will file and serve any papers in opposition to Defendants' motions to

dismiss to the Consolidated Complaint on or before January 11, 2010; 3. Defendants will file and serve any reply papers in support of their motions to dismiss

on or before January 29, 2010; 4. A hearing on Defendants' motions to dismiss the Consolidated Complaint is scheduled

on February 8, 2010 at 9:00 a.m. DATED: November 18, 2009 MCGRANE GREENFIELD LLP By: /s/ Christopher D. Sullivan Christopher D. Sullivan Attorneys for Plaintiff

DATED: November 18, 2009

FENWICK & WEST LLP By: /s/ Kevin P. Muck Kevin P. Muck Attorneys for Defendant ORRICK, HERRINGTON & SUTCLIFFE, LLP

DATED: November 18, 2009

ATTORNEY GENERAL OF CALIFORNIA By: /s/ Jeffrey A. Rich Jeffrey A. Rich Deputy Attorney General Attorneys for Defendant CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK

I certify that a true copy of the foregoing was served electronically via the CM/ECF system on all counsel of record on this 18th day of November, 2009.

/s/

Carmelita Procida ____________

ORDER PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS: STIPULATION AND [PROPOSED] ORDER RE: -3CASE NO. 2:09-CV-01610-GEB-DAD
BRIEFING AND HEARING SCHEDULE FOR MOTIONS TO DISMISS

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1. 4, 2009; 2.

Defendants will move to dismiss the Consolidated Complaint on or before December

Lead Plaintiff will file and serve any papers in opposition to Defendants' motions to

dismiss to the Consolidated Complaint on or before January 11, 2010; 3. Defendants will file and serve any reply papers in support of their motions to dismiss

on or before January 29, 2010; 4. A hearing on Defendants' motions to dismiss the Consolidated Complaint will be held

on February 8, 2010 at 9:00 a.m., or at such other time as is convenient for the Court.

IT IS SO ORDERED Dated: November 24, 2009

GARLAND E. BURRELL, JR. United States District Judge

STIPULATION AND [PROPOSED] ORDER RE: BRIEFING AND HEARING SCHEDULE FOR MOTIONS TO DISMISS

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