Plichta v. Sunpower Corporation et al

Filing 180

STIPULATION AND ORDER RE 179 REGARDING SCHEDULING. Case Management Conference set for 2/16/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 1/5/12. (cl, COURT STAFF) (Filed on 1/5/2012)

*E-Filed 1/5/12*
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JORDAN ETH (CA SBN 121617)
[e-mail]
JUDSON E. LOBDELL (CA SBN 146041)
[e-mail]
ANGELA E. KLEINE (CA SBN 255643)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
SUNPOWER CORPORATION, THOMAS H.
WERNER, DENNIS V. ARRIOLA, EMMANUEL T.
HERNANDEZ, JOHN B. RODMAN,
T.J. RODGERS, W. STEVE ALBRECHT, BETSY S.
ATKINS, PATRICK WOOD, III, and UWE-ERNST
BUFE

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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IN RE SUNPOWER SECURITIES
LITIGATION

Case No. CV 09-5473-RS
(Consolidated)

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CLASS ACTION

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STIPULATION AND [PROPOSED]
ORDER REGARDING SCHEDULING

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING
CASE NO. CV 09-5473-RS
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WHEREAS, on December 19, 2011, the Court granted in part and denied in part

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Defendants SunPower Corporation, Thomas H. Werner, Dennis V. Arriola, Emmanuel T.

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Hernandez, T.J. Rodgers, W. Steve Albrecht, Betsy S. Atkins, Patrick Wood, III, and Uwe-Ernst

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Bufe’s (collectively, “Defendants”) motion to dismiss the First Amended Consolidated Class

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Action Complaint (the “Complaint”) of Lead Plaintiffs Arkansas Teacher Retirement System,

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Första-AP Fonden, and Danske Investment Management A/S (ECF No. 178);

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WHEREAS, the deadline for Defendants to answer the Complaint is January 9, 2012;

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WHEREAS, the parties have agreed that Defendants shall have up to and including

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January 27, 2012, to answer the Complaint;

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WHEREAS, by the Clerk’s Notice entered on October 19, 2011 (ECF No. 177), a case
management conference in the above-captioned action is scheduled for January 12, 2012;

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WHEREAS, the parties have agreed to request a continuance of the January 12, 2012

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case management conference until February 16, 2012, or such later date that is convenient for

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the Court;

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WHEREAS, if the Court grants the parties’ requested continuance, counsel for the
parties have agreed to hold their Rule 26(f) conference on February 3, 2012;

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WHEREAS, if the Court grants the parties’ requested continuance, the parties have

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agreed pursuant to Fed. R. Civ. P. 26(d)(1) that the parties (i) may serve requests for the

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production of documents pursuant to Rules 34 and 45 beginning January 16, 2012, (ii) will not

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object to the requests as premature on the grounds that the requests were served prior to the

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parties’ Rule 26(f) conference, and (iii) do not waive their rights to object to the requests on any

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other grounds and reserve the right to request an extension of time to respond to the requests;

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and

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WHEREAS, it would conserve judicial and party resources and promote efficiency and

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economy to hold the case management conference in this action after Defendants’ answer is

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filed, Lead Plaintiffs have reviewed the answer, and the parties have adequately addressed

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scheduling, discovery, and the additional case management topics of Federal Rule of Civil

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Procedure 26(f), Local Rule 16-9, and the Court’s Standing Order Re: Initial Case Management.
STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING
CASE NO. CV 09-5473-RS
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IT IS HEREBY STIPULATED AND AGREED among the undersigned parties as
follows:
(1) Defendants shall have up to and including January 27, 2012, to answer or otherwise
respond to the Complaint;
(2) The Case Management Conference currently scheduled for January 12, 2012, shall be
continued to February 16, 2012, or such later date as is convenient for the Court;

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(3) The parties shall hold their Rule 26(f) conference on or before February 3, 2012;

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(4) The parties (i) may serve requests for the production of documents pursuant to Rules

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34 and 45 beginning January 16, 2012, (ii) will not object to the requests as premature on the

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grounds that the requests were served prior to the parties’ Rule 26(f) conference, and (iii) do not

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waive their rights to object to the requests on any other grounds and reserve the right to request an

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extension of time to respond to the requests; and

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(5) In accordance with paragraph 7 of the Court’s Standing Order Re: Initial Case

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Management, the parties shall file a Joint Case Management Conference Statement and Proposed

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Order seven (7) days prior to the Case Management Conference.

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Dated: January 5, 2012

Respectfully submitted,
MORRISON & FOERSTER LLP
JORDAN ETH (CA SBN 121617)
JUDSON LOBDELL (CA SBN 146041)
425 Market Street
San Francisco, CA 94105-2482
Tel: [phone]
Fax: [phone]

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By:

/s/ Judson Lobdell
Judson Lobdell

Attorneys for Defendants SunPower Corporation, Thomas
H. Werner, Dennis V. Arriola, Emmanuel T. Hernandez,
John. D. Rodman, T.J. Rodgers, W. Steve Albrecht, Betsy
S. Atkins, Patrick Wood, III, and Uwe-Ernst Bufe

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING
CASE NO. CV 09-5473-RS
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Dated: January 5, 2012

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BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
DAVID R. STICKNEY (CA SBN 188574)
BENJAMIN GALDSTON (CA SBN 211114)
DAVID R. KAPLAN (CA SBN 230144)
12481 High Bluff Drive, Suite 300
San Diego, CA 92130
Tel: [phone]
Fax: [phone]

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By:

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Dated: January 5, 2012

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/s/ David. R. Stickney
David R. Stickney

KESSLER TOPAZ MELTZER & CHECK, LLP
RAMZI ABADOU (CA SBN 222567)
ELI R. GREENSTEIN (CA SBN 217945)
STACEY KAPLAN (CA SBN 241989)
ERIK D. PETERSON (CA SBN 257098)
580 California Street, Suite 1750
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]

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By:

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/s/ Ramzi Abadou
Ramzi Abadou

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Dated: January 5, 2012
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KAPLAN FOX & KILSHEIMER LLP
LAURENCE D. KING (CA SBN 206423)
350 Sansome Street, Suite 400
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
FREDERIC S. FOX
JOEL B. STRAUSS
DONALD R. HALL
850 Third Avenue, 14th Floor
New York, NY 10022
Tel: [phone]
Fax: [phone]

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By:

/s/ Laurence D. King
Laurence D. King

Attorneys for Lead Plaintiffs Arkansas Teacher Retirement
System, Första-AP Fonden, and Danske Invest
Management A/S

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING
CASE NO. CV 09-5473-RS
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January ___, 2012
HONORABLE RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING
CASE NO. CV 09-5473-RS
sf-3087856

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