Westley et al v. Oclaro, Inc. et al

Filing 106

STIPULATION AND ORDER re (51 in 3:11-cv-03176-EMC) STIPULATION WITH PROPOSED ORDER RESETTING CASE MANAGEMENT CONFERENCE TO 3/21/13 AT 10:30 A.M. filed by Oclaro, Inc. Case Management Statement due by 3/14/2013. Further Case Management Conference set for 3/21/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 1/9/13. (bpf, COURT STAFF) (Filed on 1/9/2013)

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GIDON M. CAINE (Cal. State Bar No. 188110)
ALSTON & BIRD LLP
275 Middlefield Road
Suite 150
Menlo Park, California 94025-4008
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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JESSICA P. CORLEY (admitted pro hac vice)
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants
OCLARO, INC., ALAIN COUDER,
JERRY TURIN, and JAMES HAYNES

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CURTIS and CHARLOTTE WESTLEY,
individually and on behalf of others similarly
situated,

Case No. C11-2448 EMC
and related consolidated action

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Plaintiffs,

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v.

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OCLARO, INC., et al.,

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Defendants.

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IN RE OCLARO, INC. DERIVATIVE
LITIGATION,

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This Document Relates to:

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No. C11-2448 EMC

Lead Case No. C11-3176 EMC
(Derivative Action)
STIPULATION AND [PROPOSED]
ORDER RECHEDULING CASE
MANAGEMENT CONFERENCE

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STIPULATION AND [PROPOSED] ORDER ON CASE MANAGEMENT CONFERENCE STATEMENT

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WHEREAS, on May 19, 2011, plaintiffs Curtis and Charlotte Westley filed a Class Action

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Complaint for Violation of the Federal Securities Laws (“Complaint”) (Dkt. No. 1) against

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defendants Oclaro, Inc., Alain Couder, Jerry Turin, and James Haynes in the above-entitled matter;

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WHEREAS, on October 27, 2011, Lead Plaintiff Connecticut Laborers’ Pension Fund

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(“Lead Plaintiff”) filed an Amended Complaint for Violation of the Federal Securities Laws

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(“Amended Complaint”) (Dkt. No. 39) against Defendants Oclaro, Inc., Alain Couder, and Jerry

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Turin (collectively, “Defendants”);

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WHEREAS, on December 12, 2011, Defendants filed a motion to dismiss the Amended
Complaint (Dkt. No. 44);
WHEREAS, on March 27, 2012, the Court issued an Order granting Defendants’ motion to
dismiss the Amended Complaint and Lead Plaintiff leave to amend (Dkt. No. 58);
WHEREAS, on April 26, 2012, Lead Plaintiff filed a Second Amended Complaint for
Violation of the Federal Securities Laws (“Second Amended Complaint”) (Dkt. No. 62);
WHEREAS, on May 25, 2012, Defendants filed a motion to dismiss the Second Amended
Complaint (Dkt. No. 63);

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WHEREAS, on September 21, 2012, the Court issued an Order granting Defendants’ motion

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to dismiss the Second Amended Complaint and Lead Plaintiff leave to amend (“September 21

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Order”) (Dkt. No. 79);

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WHEREAS, on October 4, 2012, Lead Plaintiff filed a Motion for Leave to File Motion for
Reconsideration of the September 21 Order (“Motion for Leave”) (Dkt. No. 82);

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WHEREAS, on October 29, 2012, the Court issued notice rescheduling the Case

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Management Conference for December 11, 2012 and the filing of the parties’ Joint Case

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Management Statement for December 4, 2012 (Dkt. No. 90);

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WHEREAS, on October 30, 2012, Defendants filed an Opposition to Lead Plaintiff’s Motion
for Leave (Dkt. No. 91);
WHEREAS, on November 16, 2012, Lead Plaintiff filed a Reply in Support of the Motion
for Leave (Dkt. No. 93);
WHEREAS, on November 28, 2012, the Court issued notice providing that the parties would
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STIPULATION AND [PROPOSED] ORDER ON CASE MANAGEMENT CONFERENCE STATEMENT

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not need to file a Case Management Conference Statement on December 4, 2012 (Dkt. No. 95);

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WHEREAS, on December 10, 2012, the Court issued notice rescheduling the Case

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Management Conference for January 17, 2013 and the filing of the parties’ Joint Case Management

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Statement for January 10, 2013 (Dkt. No. 97);

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WHEREAS, on December 11, 2012, the Court held a hearing on Lead Plaintiff’s Motion for
Leave and has yet to issue an order;

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WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, 15 U.S.C.

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§ 78u-4(b)(3)(B), discovery is currently stayed during the pendency of Defendants’ motion to

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dismiss;

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WHEREAS, based on the discovery stay and in order to avoid the unnecessary expenditure

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of the Court’s resources or effort by the parties to this action, the parties have agreed, subject to the

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Court’s approval, that there is no need at this time for the parties to file the Joint Case Management

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Conference Statement or have a Case Management Conference; and

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WHEREAS, this Stipulation and Order is without prejudice to, or waiver of, any rights,
arguments, or defenses otherwise available to the parties to this action.

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NOW THEREFORE, the undersigned parties, by and through their counsel of record,
stipulate as follows:

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1.

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The parties do not need to file a Case Management Conference Statement on January
10, 2013 or have a Case Management Conference on January 17, 2013.

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DATED: January 8, 2013

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ROBBINS GELLER RUDMAN &
DOWD LLP

ALSTON & BIRD LLP

By: _/s/ Julie A. Kearns
_
JULIE A. KEARNS (Cal. State Bar No.
246949)
655 West Broadway, Suite 1900
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

By: _/s/ Gidon M. Caine
_
GIDON M. CAINE (Cal. State Bar No. 188110)
275 Middlefield Road
Suite 150
Menlo Park, California 94025-4008
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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and

and

SHAWN A. WILLIAMS (Cal. State Bar

JESSICA P. CORLEY (pro hac vice)
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STIPULATION AND [PROPOSED] ORDER ON CASE MANAGEMENT CONFERENCE STATEMENT

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No. 213113)
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, California 94104
Telephone: [phone]
Facsimile [phone]
[e-mail]

One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Defendants Oclaro, Inc., Alain Couder,
Jerry Turin

Counsel for Plaintiffs

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SIGNATURE ATTESTATION

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I am the ECF User whose identification and password are being used to file the foregoing

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Stipulation and [Proposed] Order Rescheduling Case Management Conference. Pursuant to General

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Order No. 45, Section X (B) regarding signatures, I, Gidon M. Caine, attest that concurrence in the

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filing of this document has been obtained.

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DATED: JANUARY 8, 2013

/S/ GIDON M. CAINE
GIDON M. CAINE (CAL. STATE BAR NO. 188110)

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The Further CMC is reset for 3/21/13
at 10:30 a.m. An updated joint CMC
STRIC
statement shall be filed by 3/14/13.
S DI
TC
TE
TA __________________________________________
HON. EDWARD M. CHEN
United States District Court Judge
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1/9/13
DATED: ____________________

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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STIPULATION AND [PROPOSED] ORDER ON CASE MANAGEMENT CONFERENCE STATEMENT