Plichta v. Sunpower Corporation et al

Filing 65

ORDER continuing CMC re (20 in 3:09-cv-05520-CRB) Stipulation filed by Dennis V. Arriola, Thomas H. Werner, SunPower Corporation, (25 in 3:09-cv-05488-CRB) Stipulation filed by Marty T. Neese, Dennis V. Arriola, Thomas H. Werner, SunPower Corporation, Emmanuel T. Hernandez, (63 in 3:09-cv-05473-CRB) Stipulation filed by Dennis V. Arriola, Thomas H. Werner, SunPower Corporation. Signed by Judge Charles R. Breyer on 2/22/2010. (be, COURT STAFF) (Filed on 2/22/2010)

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JORDAN ETH (CA SBN 121617) [e-mail] JUDSON E. LOBDELL (CA SBN 146041) [e-mail] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Attorneys for Defendants SUNPOWER CORPORATION, THOMAS H. WERNER, DENNIS V. ARRIOLA, EMMANUEL T. HERNANDEZ, AND MARTY T. NEESE UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE sf- 2806501

HARRY W. PLICHTA, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. SUNPOWER CORPORATION, THOMAS H. WERNER, and DENNIS V. ARRIOLA, Defendants. STEVEN PARRISH, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. SUNPOWER CORPORATION, THOMAS H. WERNER, and DENNIS V. ARRIOLA, Defendants.

Case No.

CV-09-05473 CRB

CLASS ACTION STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Case No.

CV-09-05520 CRB

CLASS ACTION

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CHENGXIAO CAO, Individually and On Behalf of All Others Similarly Situated, Plaintiff,

Case No.:

CV-09-05488 CRB

CLASS ACTION v.

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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE sf- 2806501

SUNPOWER CORPORATION, PRICEWATERHOUSECOOPERS LLP, THOMAS H. WERNER, DENNIS V. ARRIOLA, EMMANUEL T. HERNANDEZ, and MARTY T. NEESE,

WHEREAS, the above-captioned actions are securities class action lawsuits, governed by the Private Securities Litigation Reform Act of 1995, Pub. L. No. 104-67, 109 Stat. 737 (the "Reform Act"), against SunPower Corporation ("SunPower"), certain of its officers, and PricewaterhouseCoopers LLP (collectively "Defendants"); WHEREAS, on January 19, 2010, seven motions for consolidation and for appointment as lead plaintiff and lead plaintiff's counsel were filed (the "Lead Plaintiff Motions"); WHEREAS, between January 28, 2010 and February 10, 2010, four movants withdrew their Lead Plaintiff Motions, and two movants, SunPower Investor Group and Austin Police Retirement System, responded to the various Lead Plaintiff Motions by stating their support for the Institutional Investor Funds' Lead Plaintiff Motion; WHEREAS, on February 12, 2010, the Institutional Investor Funds filed a Statement of Non-Opposition to their Lead Plaintiff Motion; WHEREAS, by Court order entered on February 3, 2010, the joint case management statement in these actions is currently due February 26, 2010 and the Case Management Conference in these actions is currently scheduled for March 5, 2010; WHEREAS, the Lead Plaintiff Motions are also scheduled to be heard by the Court on March 5, 2010;

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1 2 3 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 Dated:

WHEREAS, it is expected that the Court will designate a lead plaintiff who will thereafter file a Consolidated Complaint for the consolidated action, which will become the operative complaint and shall supersede all complaints previously filed in these actions; and WHEREAS, it would be premature and a waste of judicial resources to hold the Case Management Conference in these actions before the Court designates a lead plaintiff and a Consolidated Complaint is filed. IT IS HEREBY STIPULATED AND AGREED among the undersigned parties as follows: (1) Within thirty days of the filing of a Consolidated Complaint by the lead plaintiff

designated by the Court, the parties will meet and confer and propose to the Court a new date for the Case Management Conference.

February 19, 2010

JORDAN ETH JUDSON E. LOBDELL MORRISON & FOERSTER LLP By: /s/ Judson Lobdell JUDSON LOBDELL

Counsel for Defendants SunPower Corp., Thomas H. Werner, Dennis V. Arriola, Emmanuel T. Hernandez, and Marty T. Neese

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE sf- 2806501

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Dated:

February 19, 2010

LATHAM & WATKINS LLP MATTHEW RAWLINSON 140 Scott Drive Menlo Park, CA 94025 MILES RUTHBERG 355 South Grand Avenue Los Angeles, CA 90071 By: /s/ Matthew Rawlinson MATTHEW RAWLINSON Counsel for Defendant PricewaterhouseCoopers LLP

Dated:

February 19, 2010

BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP RAMZI ABADOU NICHOLE BROWNING ERIK D. PETERSON 580 California Street, Suite 1750 San Francisco, CA 94104 By: /s/ Erik D. Peterson ERIK D. PETERSON

Counsel for [Proposed] Lead Plaintiff Institutional Investor Funds Dated: February 19, 2010 BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP DAVID STICKNEY IAN D. BERG 12481 High Bluff Drive, Suite 300 San Diego, CA 92130 By: /s/ David Stickney DAVID STICKNEY

Counsel for [Proposed] Lead Plaintiff Institutional Investor Funds

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE sf- 2806501

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Dated:

February 19, 2010

KAPLAN FOX & KILSHEIMER LLP LAURENCE D. KING MARIO M. CHOI 350 Sansome Street, Suite 400 San Francisco, CA 94104 By: /s/ Laurence D. King LAURENCE D. KING

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// /// Dated: February 19, 2010 Dated: February 19, 2010

Counsel for [Proposed] Lead Plaintiff Institutional Investor Funds BERMAN DeVALERIO JOSEPH TABACCO, JR. NICOLE LAVALLEE 1 California Street, Suite 900 San Francisco, CA 94111 By: /s/ Nicole Lavallee NICOLE LAVALLEE Counsel for Austin Police Retirement System KAHN SWICK & FOTI, LLC KIM E. MILLER 500 5th Avenue, Suite 1810 New York, NY 10110 LEWIS KAHN 650 Poydras Street, Suite 2150 New Orleans, LA 70130 By: /s/ Kim Miller KIM MILLER Counsel for the SunPower Investor Group

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE sf- 2806501

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

THE HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT JUDGE DERED
. Breyer

UNIT ED

Feb. 22, 2010 Date: __________________

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1 2 3 4 5 6 Dated: February 19, 2010 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE sf- 2806501

I, Judson Lobdell, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Continuing the Case Management Conference. In compliance with General Order No. 45, X.B., I hereby attest that Matthew Rawlinson, Erik D. Peterson, David Stickney, Laurence D. King, Nicole Lavallee, and Kim Miller have concurred in this filing. /s/ Judson Lobdell JUDSON LOBDELL

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