Hodges v. Immersion Corporation et al

Filing 36

ORDER APPROVING STIPULATION SETTING HEARING DATE ON MOTIONS TO CONSOLIDATE AND FOR APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL. Both such motions shall be heard on December 18, 2009 at 9:00 a.m. Signed by Judge Maxine M. Chesney on November 16, 2009. (mmclc2, COURT STAFF) (Filed on 11/16/2009)

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1 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 2 DARREN J. ROBBINS (168593) TRICIA L. McCORMICK (199239) 3 655 West Broadway, Suite 1900 San Diego, CA 92101 4 Telephone: 619/231-1058 619/231-7423 (fax) 5 darrenr@csgrr.com triciam@csgrr.com 6 and WILLOW E. RADCLIFFE (200087) 7 100 Pine Street, Suite 2600 San Francisco, CA 94111 8 Telephone: 415/288-4545 415/288-4534 (fax) 9 willowr@csgrr.com 10 [Proposed] Liaison Counsel 11 BROWER PIVEN, A Professional Corporation DAVID A.P. BROWER 12 488 Madison Avenue, Eighth Floor New York, NY 10022 13 Telephone: 212/501-9000 212/501-0300 (fax) 14 brower@browerpiven.com 15 [Proposed] Lead Counsel for Plaintiffs 16 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA No. 09-cv-04073-MMC CLASS ACTION STIPULATION AND [PROPOSED] ORDER SETTING HEARING DATE ON MOTIONS TO CONSOLIDATE AND FOR APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL 18 FRANK HODGES, Individually and on Behalf ) of All Others Similarly Situated, ) 19 ) Plaintiff, ) 20 ) vs. ) 21 ) IMMERSION CORPORATION, et al., ) 22 ) Defendants. ) 23 ) 24 25 26 27 28 1 WHEREAS there are presently pending in this district five securities class action lawsuits 2 ("Related Actions") brought on behalf of all persons who purchased or otherwise acquired the 3 publicly-traded securities of Immersion Corporation ("Immersion" or the "Company") between May 4 3, 2007 and July 1, 2009 (the "Class Period"); 5 WHEREAS the Related Actions assert claims pursuant to the Securities Exchange Act of 6 1934 ("Exchange Act"), and must meet requirements under the Private Securities Litigation Reform 7 Act of 1995 ("PSLRA"); 8 WHEREAS pursuant to the PSLRA, any member of the purported class may move to be 9 appointed as lead plaintiff within 60 days of the published notice of the first-filed action; 10 WHEREAS pursuant to the PSLRA, movant John P. Loos and movant Norbert Muller each 11 timely filed separate motions for appointment as lead plaintiff on November 2, 2009; 12 WHEREAS movant Norbert Muller noticed a hearing date for his lead plaintiff motion as 13 December 11, 2009; 14 WHEREAS movant John P. Loos noticed a hearing date for his lead plaintiff motion as 15 December 18, 2009; 16 WHEREAS both movants believe that their motions should be heard on the same date as 17 they both involve the issues of consolidation of the Related Actions and who will be appointed as 18 lead plaintiff and lead counsel for the putative class; 19 Movants John P. Loos and Norbert Muller therefore stipulate, subject to Court approval, and 20 by and through their respective counsel, that the Motion for Consolidation, Appointment of Lead 21 Plaintiff and Approval of Selection of Lead Counsel filed by John P. Loos on November 2, 2009, 22 and the Motion for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval 23 of Co-Lead Counsel filed by Norbert Muller on November 2, 2009 both be heard on December 18, 24 2009 at 9:00 a.m. in Courtroom 7 of the Honorable Maxine M. Chesney. 25 26 27 28 STIPULATION SETTING HRG DATE ON MOTIONS TO CONSOLIDATE - 09-cv-04073-MMC -1- 1 DATED: November 13, 2009 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DATED: November 13, 2009 19 20 21 22 23 24 25 26 27 28 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DARREN J. ROBBINS TRICIA L. McCORMICK s/ TRICIA L. McCORMICK TRICIA L. McCORMICK 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP WILLOW E. RADCLIFFE 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) [Proposed] Liaison Counsel BROWER PIVEN, A Professional Corporation DAVID A.P. BROWER 488 Madison Avenue, Eighth Floor New York, NY 10022 Telephone: 212/501-9000 212/501-0300 (fax) Counsel for Lead Plaintiff Movant John P. Loos GLANCY BINKOW & GOLDBERG LLP LIONEL Z. GLANCY MICHAEL GOLDBERG s/ MICHAEL GOLDBERG MICHAEL GOLDBERG 1801 Avenue of the Stars Suite 311 Los Angeles, CA 90067 Telephone: 310/201-9150 310/201-9160 (fax) STIPULATION SETTING HRG DATE ON MOTIONS TO CONSOLIDATE - 09-cv-04073-MMC -2- 1 2 3 4 5 6 7 8 9 * KIRBY McINERNEY, LLP IRA M. PRESS STEVEN COHN 825 Third Avenue. 16th Floor New York, NY 10022 Telephone: 212/317-2300 212/751-2540 (fax) Attorneys for Movant Norbert Muller and Proposed Co-Lead Counsel * ORDER Having considered the stipulation between lead plaintiff movants John P. Loos and Norbert * 10 Muller, and good cause appearing therefore, the Court ORDERS as follows: 11 1. The Motion for Consolidation, Appointment of Lead Plaintiff and Approval of 12 Selection of Lead Counsel filed by John P. Loos on November 2, 2009, and the Motion for 13 Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of Co-Lead Counsel 14 filed by Norbert Muller on November 2, 2009 both be heard on December 18, 2009 at 9:00 a.m. in 15 Courtroom 7 of the Honorable Maxine M. Chesney. 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION SETTING HRG DATE ON MOTIONS TO CONSOLIDATE - 09-cv-04073-MMC S:\CasesSD\Immersion 09\Lead Plantiff\STP00063031 and Order.doc Pursuant to Stipulation, it is so Ordered. Dated: November 16, 2009 ____________________________________ HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE -3-

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