Hu v. Cadence Design Systems, Inc et al

Filing 78

STIPULATION AND ORDER Dismissing C-08-5027-SC Deepak Vyas -v- Cadence Design, et al. without prejudice (tdm, COURT STAFF) (Filed on 4/20/2010)

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LIONEL Z. GLANCY #134180 MICHAEL GOLDBERG #188669 GLANCY BINKOW & GOLDBERG LLP 1801 Avenue of the Stars, Suite 311 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff Deepak Vyas [Additional Counsel on Signature Page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DEEPAK VYAS, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. CADENCE DESIGN SYSTEMS, INC., MICHAEL J. FISTER, AND KEVIN S. PALATNIK, Defendants. TO: JOINT STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCivP 41(a)(1) Case No. C-08-5027 SC CLASS ACTION

ALL PARTIES AND THEIR COUNSEL OF RECORD WHEREAS, on November 4, 2008 plaintiff Deepak Vyas filed the above-captioned action

on his own behalf and on behalf of all others similarly situated against Cadence Design Systems, Inc. ("Cadence"), Michael J. Fister and Kevin S. Palatnik, captioned Vyas v. Cadence Design Systems, Inc., et. al., Case No. C-08-5027-SC (the "Action"); WHEREAS, on March 4, 2009, the Court, pursuant to Federal Rule of Civil Procedure 42(a)(2), entered an order consolidating the Action and two related securities actions ­ Hu v. Cadence Design Systems, Inc., et al., No. C-08-4966 SC, and Collins v. Cadence Design Systems,

No: C-08-5027 SC JOINT STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE

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Inc., et al., No. C-08-5273 ­ into a single action captioned In re Cadence Design Systems, Inc. Securities Litigation, Case No. C-08-4966 SC (the "Consolidated Action"); WHEREAS, also on March 4, 2009, the Court entered an order appointing Alaska Electrical Pension Fund as Lead Plaintiff, and approving Lead Plaintiff's selection of Coughlin Stoia Geller Rudman & Robbins LLP as Lead Counsel for plaintiffs and the class in the Consolidated Action; WHEREAS, on April 24, 2009, Lead Plaintiff filed a Consolidated Complaint For Violations of The Federal Securities Laws against defendants Cadence, Michael J. Fister, Kevin S. Palatnik, William Porter and Kevin Bushby (collectively "Defendants"); WHEREAS, on September 11, 2009, the Court entered an Order dismissing the Consolidated Complaint, without prejudice, and allowing Lead Plaintiff thirty days from the date of the Order in which to file an amended complaint; WHEREAS, on October 14, 2009, Lead Plaintiff filed in the Consolidated Action a First Amended Complaint For Violations of The Federal Securities Laws against the foregoing Defendants; WHEREAS, on March 2, 2010, the Court entered an Order denying Defendants' motion to dismiss the First Amended Complaint; WHEREAS, on March 16, 2010, upon stipulations of the parties, the Court entered an Order extending to April 30, 2010, the time for Defendants to answer the First Amended Complaint; WHEREAS, plaintiff Deepak Vyas, after further investigation, no longer intends to pursue the above-captioned Action at this time on his own behalf or on behalf of the putative class; and WHEREAS, as of the date of this filing, Defendants have not served an answer to the Complaint or moved for summary judgment; NOW, THEREFORE, NOTICE IS HEREBY GIVEN that, pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiff Deepak Vyas voluntarily dismisses the above-captioned Action, without prejudice, and the undersigned parties hereby stipulate and agree and respectfully

No: C-08-5027 SC JOINT STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE

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request that the Court enter an order dismissing the above-captioned Action, without prejudice.

IT IS SO STIPULATED. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
No: C-08-5027 SC JOINT STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE

Dated: April 14, 2010

GLANCY BINKOW & GOLDBERG LLP /s/ Michael Goldberg Lionel Z. Glancy #134180 Michael Goldberg #188669 1801 Avenue of the Stars, Suite 311 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] LAW OFFICES OF HOWARD G. SMITH Howard G. Smith 3070 Bristol Pike, Suite 112 Bensalem, PA 19020 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Deepak Vyas GIBSON, DUNN & CRUTCHER LLP /s/ Sally J. Berens Sally J. Berens 1881 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

Dated: April 14, 2010

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[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

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No: C-08-5027 SC JOINT STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE

DATED: ____________, 2010 The Honorable Samuel Conti United States District Judge

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PROOF OF SERVICE BY ELECTRONIC POSTING PURSUANT TO NORTHERN DISTRICT OF CALIFORNIA LOCAL RULES AND ECF GENERAL ORDER NO. 45 AND BY MAIL ON ALL KNOWN NON-REGISTERED PARTIES I, the undersigned, say: I am a citizen of the United States and am employed in the office of a member of the Bar of this Court. I am over the age of 18 and not a party to the within action. My business address is 1801 Avenue of the Stars, Suite 311, Los Angeles, California 90067. On April 14, 2010, I served the following by posting such document electronically to the ECF website of the United States District Court for the Northern District of California: JOINT STIPULATION AND [PROPOSED] ORDER OF DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCivP 41(a)(1) on all parties as listed on the attached Court's Service List. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on April 14, 2010, at Los Angeles, California.

S/ Michael Goldberg Michael Goldberg

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