Nursing Home Pension Fund et al v. Oracle Corporation et al

Filing 1613

ORDER re: recent decisions re 1612 (ts, COURT STAFF) (Filed on 4/2/2009) Modified on 4/3/2009 (ys, COURT STAFF).

Case 3:01-cv-00988-SI

Document 1612

Filed 04/02/2009

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LATHAM & WATKINS LLP Peter A. Wald (SBN 85705) 505 Montgomery Street, Suite 2000 San Francisco, California 94111-2562 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants ORACLE CORPORATION, LAWRENCE J. ELLISON, JEFFREY O. HENLEY and EDWARD J. SANDERSON ORACLE CORPORATION Dorian Daley (SBN 129049) James C. Maroulis (SBN 208316) 500 Oracle Parkway Mailstop 5OP7 Redwood Shores, California 94065 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendant ORACLE CORPORATION

LATHAM & WATKINS LLP Patrick E. Gibbs (SBN 183174) 140 Scott Drive Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] LATHAM & WATKINS LLP Sean M. Berkowitz (pro hac vice) 233 South Wacker Drive, Suite 5800 Chicago, Illinois 60606 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA--SAN FRANCISCO DIVISION In re ORACLE CORPORATION SECURITIES LITIGATION, This Documents Relates To: ALL ACTIONS Master File No. C-01-0988 (SI) (Consolidated) JOINT STIPULATION AND [PROPOSED] ORDER REGARDING SUBMISSION OF RECENT DECISIONS Honorable Judge Susan Illston

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STIPULATION AND [PROPOSED] ORDER REGARDING SUBMISSION OF RECENT DECISIONS MASTER FILE NO. C-01-0988-SI

Case 3:01-cv-00988-SI

Document 1612

Filed 04/02/2009

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ATTO R N E Y S AT L A W SAN FRANCISCO

WHEREAS, the United States District Court for the District of Minnesota issued an order granting motions for summary judgment in In re Retek Inc. Securities Litigation, No. 02-4209 JRT (D. Minn. Mar. 31, 2009), a copy of which is attached as Exhibit A; WHEREAS, the United States District Court for the Northern District of California issued an order denying motions to dismiss in In re UTStarcom, Inc., Securities Litigation, No. C 04-04908 JW (N.D. Cal. Mar. 27, 2009), a copy of which is attached as Exhibit B; WHEREAS, the United States District Court for the Central District of California issued an order granting motions to dismiss in In re Downey Securities Litigation, No. CV-08-3261 JFW, 2009 WL 736802 (C.D. Cal. Mar. 18, 2009), a copy of which is attached as Exhibit C; WHEREAS, the United States District Court for the Southern District of California issued an order granting motions to dismiss in In re Dothill Systems Corporation Securities Litigation, No. 06-CV-228 JLS, 2009 U.S. Dist. LEXIS 22022 (S.D. Cal. Mar. 18, 2009), a copy of which is attached as Exhibit D; and WHEREAS, the In re Retek Inc. Securities Litigation, In re UTStarcom, Inc., Securities Litigation, In re Downey Securities Litigation and In re Dothill Systems Securities Litigation cases were decided after the February 13, 2009 hearing on the parties' Motions for Summary Judgment. THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE to submit these cases to the Court. DATED: April 2, 2009 Respectfully submitted, LATHAM & WATKINS LLP COUGHLIN STOIA GELLER RUDMAN AND ROBBINS LLP By /s/ Shawn Williams________ Shawn Williams Counsel for Plaintiffs

By

/s/ Patrick E. Gibbs____________ Patrick E. Gibbs Counsel for Defendants Oracle Corporation, Lawrence J. Ellison, Jeffrey O. Henley, and Edward J. Sanderson

Pursuant to General Order 45.X.B., I, Patrick Gibbs, certify that Shawn Williams has concurred in the filing of this stipulation and proposed order.
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STIPULATION AND [PROPOSED] ORDER

1 REGARDING SUBMISSION OF RECENT DECISIONS
MASTER FILE NO. C-01-0988-SI

Case 3:01-cv-00988-SI

Document 1612

Filed 04/02/2009

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ATTO R N E Y S AT L A W SAN FRANCISCO

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: __________________________________ THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER

2 REGARDING SUBMISSION OF RECENT DECISIONS
MASTER FILE NO. C-01-0988-SI