Rudolph v. UT Starcom et al

Filing 90

ORDER extending time to answer. Signed by Judge Illston on 9/3/08. (ts, COURT STAFF) (Filed on 9/4/2008)

Case 3:07-cv-04578-SI

Document 89

Filed 09/03/2008

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TERRY T. JOHNSON, State Bar No. 121569 ([e-mail]) BORIS FELDMAN, State Bar No. 128838 ([e-mail]) BAHRAM SEYEDIN-NOOR, State Bar No. 203244 ([e-mail]) CHERYL W. FOUNG, State Bar No. 108868 ([e-mail]) BRYAN J. KETROSER, State Bar No 239105 ([e-mail]) WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants UTSTARCOM, INC., HONG LIANG LU, YING WU, MICHAEL SOPHIE, THOMAS TOY, and FRANCIS BARTON UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION TO ANSWER THE SAC CASE NO. C-07-4578 SI

PETER RUDOLPH, individually and on behalf of all others similarly situated,

) ) ) Plaintiff, ) ) v. ) ) UTSTARCOM, INC., HONG LIANG LU, YING ) WU, MICHAEL SOPHIE, THOMAS TOY, and ) FRANCIS BARTON, ) ) Defendants. ) ) ) ) ) )

CASE NO.: C-07-4578 SI JOINT STIPULATION AND [PROPOSED] ORDER REGARDING EXTENSION OF TIME FOR DEFENDANTS TO ANSWER PLAINTIFF'S SECOND AMENDED CLASS ACTION COMPLAINT

Before: Hon. Susan Illston

Case 3:07-cv-04578-SI

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WHEREAS, on May 16, 2008 plaintiff filed his Second Amended Class Action Complaint for Violations of the Federal Securities Law ("Second Amended Complaint"); WHEREAS, on August 21, 2008 the Court granted in part and denied in part Defendants' Motion to Dismiss the Second Amended Complaint; WHEREAS, on August 22, 2008 the Court issued civil pretrial minutes continuing this matter to November 7, 2008 for a Further Case Management Conference; WHEREAS, Defendants have filed a Motion to Relate with the Honorable James Ware to consolidate this matter with the matter In re UTStarcom, Inc. Securities Litigation, Case No. 044908-JW (PVT); WHEREAS, it is the parties' understanding that the Court wished to suspend activity in this case until after the next Case Management Conference scheduled for November 7, 2008; WHEREAS, counsel for plaintiff and defendants have met and conferred and have agreed that, in order to prevent any confusion or ambiguity regarding pending deadlines, they would formally stipulate to the extension set forth below for defendants to answer the Second Amended Complaint; WHEREAS, the parties therefore stipulate that defendants shall answer the Second Amended Complaint by November 17, 2008, which is ten (10) days after the Case Management Conference set for November 7, 2008: NOW THEREFORE, pursuant to the parties' stipulation and subject to the Court's approval: (a) 17, 2008; Defendants shall answer the Second Amended Complaint on or before November

JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION TO ANSWER THE SAC CASE NO. C-07-4578 SI

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Case 3:07-cv-04578-SI

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IT IS SO STIPULATED.

Dated: September 3, 2008

WILSON SONSINI GOODRICH & ROSATI Professional Corporation

By: /s/ BAHRAM SEYEDIN-NOOR BAHRAM SEYEDIN-NOOR Attorneys for Defendants UTSTARCOM, INC., HONG LIANG LU, YING WU,1 MICHAEL SOPHIE, THOMAS TOY, and FRANCIS BARTON

Dated: September 3, 2008

FINKELSTEIN, THOMPSON LLP

By: /s/ DONALD J. ENRIGHT DONALD J. ENRIGHT Attorneys for Plaintiff

ORDER PURSUANT TO THIS STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO ORDERED.

Dated: The Honorable Susan Illston United States District Court Judge

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Appearing specially herein without waiving objections to service of process or jurisdiction. -2-

JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION TO ANSWER THE SAC CASE NO. C-07-4578 SI

Case 3:07-cv-04578-SI

Document 89

Filed 09/03/2008

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1 I, Bahram Seyedin-Noor, am the ECF User whose identification and password are being 2 used to file the Joint Stipulation and [Proposed] Order Regarding Extension of Time for 3 Defendants to Answer Plaintiff's Second Amended Class Action Complaint. I hereby attest that 4 Donald J. Enright has concurred in this filing. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
JOINT STIPULATION AND [PROPOSED] ORDER RE EXTENSION TO ANSWER THE SAC CASE NO. C-07-4578 SI

Dated: September 3, 2008

WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ BAHRAM SEYEDIN-NOOR BAHRAM SEYEDIN-NOOR Attorneys for Defendants UTSTARCOM, INC., HONG LIANG LU, YING WU, MICHAEL SOPHIE, THOMAS TOY, and FRANCIS BARTON

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