In re SiRF Technology Holdings, Inc. Securities Litigation

Filing 133

ORDER CONTINUING HEARING ON DEFENDANTS' MOTION TO DISMISS. The hearing on defendants' motion to dismiss is continued from January 30, 2009 to March 6, 2009. Signed by Judge Maxine M. Chesney on January 23, 2009. (mmclc1, COURT STAFF) (Filed on 1/23/2009)

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JAMES G. KREISSMAN, 206740 [e-mail] SIMONA G. STRAUSS, 203062 [e-mail] SIMPSON THACHER & BARTLETT LLP 2550 Hanover Street Palo Alto, California 94304 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants SiRF Technology Holdings, Inc., Michael L. Canning, Diosdado P. Banatao, Geoffrey Ribar and Kanwar Chadha UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION IN RE SiRF TECHNOLOGY HOLDINGS, INC. SECURITIES LITIGATION _________________________________________ THIS DOCUMENT RELATES TO ALL ACTIONS Case No. 3:08-cv-00856-MMC CLASS ACTION JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING THE HEARING ON DEFENDANTS' MOTION TO DISMISS THE AMENDED COMPLAINT Prior Hearing Date: January 30, 2009 New Hearing Date: March 6, 2009 [Declaration of Simona G. Strauss filed concurrently herewith]

JOINT STIP. AND [PROPOSED] ORDER TO CONTINUE HRG

Case No. 3:08-cv-00856-MMC

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Pursuant to Civil Local Rules 6-1(b), 6-2, 7-7(b) and 7-12 of the Federal District for the Northern District of California, Defendants SiRF Technology Holdings, Inc., Michael L. Canning, Diosdado P. Banatao, Geoffrey Ribar and Kanwar Chadha (collectively, "Defendants"), and Lead Plaintiff ("Plaintiff), by and through their counsel, submit this Joint Stipulation and Proposed Order Continuing the Hearing on Defendants' Motion to Dismiss (the "Motion") the Amended Complaint for Violation of the Securities Laws (the "Amended Complaint"), scheduled to be heard on January 30, 2009 (the "Hearing"). WHEREAS, on June 24, 2008, this Court entered an Order Setting Schedule (the "Scheduling Order") setting a deadline for Plaintiff to file a consolidated complaint, setting a briefing schedule for Defendants' Motion to Dismiss, and requiring the parties to meet and confer regarding early settlement no later than January 5, 2009; WHEREAS, pursuant to the Scheduling Order, Plaintiff filed the Amended Complaint on July 28, 2008; WHEREAS, pursuant to the Scheduling Order, Defendants filed their Motion on September 26, 2008; WHEREAS, pursuant to the Scheduling Order, Plaintiff filed its opposition to the Motion on November 17, 2008; WHEREAS, pursuant to the Scheduling Order, Defendants filed their reply in support of the Motion on December 17, 2008; WHEREAS, pursuant to the Scheduling Order, the parties met and conferred about early settlement on January 5, 2009; WHEREAS, the Hearing is currently scheduled to occur on January 30, 2009; WHEREAS, the parties wish to attempt to resolve the above-captioned matter and related litigation pending in another court without the expense of additional litigation; and WHEREAS, the parties agree that this Stipulation does not waive any of the rights or defenses available to either party, and that each party reserves its rights to assert any and all rights and defenses in the future; NOW THEREFORE THE PARTIES JOINTLY REQUEST THE FOLLOWING:

JOINT STIP. AND [PROPOSED] ORDER TO CONTINUE HRG

Case No. 3:08-cv-00856-MMC

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Subject to the Court's approval, pursuant to Civil Local Rules 6-1, 6-2, 7-7(b) and 7-12 of the Federal District Court for the Northern District of California, that the Hearing be continued to 9 a.m. on Friday, March 6, 2009. Dated: January 22, 2009 KIRBY McINERNEY LLP

/s/ Randall K. Berger Attorneys for Lead Plaintiff Dated: January 22, 2009 SIMPSON THACHER & BARTLETT LLP

/s/ James G. Kreissman Attorneys for Defendants SiRF Technology Holdings, Inc., Michael L. Canning, Diosdado P. Banatao, Geoffrey Ribar and Kanwar Chadha

PURSUANT TO STIPULATION, IT IS SO ORDERED.

January 23 Dated: _______________, 2009

By The Honorable Maxine M. Chesney United States District Judge

JOINT STIP. AND [PROPOSED] ORDER TO CONTINUE HRG

Case No. 3:08-cv-00856-MMC