Westley et al v. Oclaro, Inc. et al

Filing 42

STIPULATION AND ORDER re (41 in 3:11-cv-02448-EMC) Stipulation filed by Alain Couder, Jerry Turin, Charlotte Westley, Curtis Westley, Oclaro, Inc. Case Management Statement due by 3/16/2012. Case Management Conference set for 3/23/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/29/11. (bpf, COURT STAFF) (Filed on 11/29/2011)

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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)
Elizabeth P. Skola (admitted pro hac vice)
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[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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WESTLEY v. OCLARO

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

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STIPUTLATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE

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WHEREAS, Plaintiffs Curtis and Charlotte Westley (collectively, “Plaintiffs”), through their

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counsel, filed a purported class action complaint (“Complaint”) against defendants Oclaro, Inc.,

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Alain Couder, Jerry Turin, and James Haynes in the above-entitled matter on May 19, 2011;

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WHEREAS, on July 1, 2011, upon the parties’ stipulation, the Court issued an order

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requiring the parties to file a Joint Case Management Conference Statement by November 25, 2011

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and scheduling the Case Management Conference for December 2, 2011;

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WHEREAS, on July 18, 2011, the Connecticut Laborers’ Pension Fund (the “Fund”) moved

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the Court for an order appointing the Fund as Lead Plaintiff and approving its selection of counsel as

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Lead Counsel;

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WHEREAS, on September 12, 2011, the Court entered an order granting the Fund’s motion
and appointing it as Lead Plaintiff;

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WHEREAS, on October 27, 2011, Lead Plaintiff filed an amended complaint for violation of

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the federal securities laws (“Amended Complaint”) against defendants Oclaro, Inc., Alain Couder,

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and Jerry Turin (collectively, “Defendants”);

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WHEREAS, the Amended Complaint asserts claims under the federal securities laws that are

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subject to the procedural requirements of the Private Securities Litigation Reform Act of 1995

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(“Reform Act”), including those set forth in 15 U.S.C. § 78u-4;

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WHEREAS, Defendants presently intend to file a motion to dismiss the Amended Complaint

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on December 12, 2011, which would trigger a stay of discovery under the Reform Act, 15 U.S.C. §

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78u-4(b)(3)(B);

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WHEREAS, under the current schedule stipulated by the parties and approved by the Court

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on July 1, 2011, the briefing on the motion to dismiss will take place through the end of February

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2012;

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WHEREAS, the parties intend to request an oral argument date on the motion to dismiss in
March 2012;

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WHEREAS, in order to avoid the unnecessary expenditure of judicial resources or effort by

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the parties to this action and the Court prior to full briefing on the motion to dismiss, the parties to

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STIPUTLATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE

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this action have agreed, in the interim prior to the resolution of the motion to dismiss and subject to

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the Court’s approval, to the continuance of the Case Management Conference and all associated

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obligations, including the filing of the Joint Case Management Statement; 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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The Case Management Conference, currently scheduled for December 2, 2011, is hereby

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adjourned to: (a) 30 days after Defendants file an answer; (b) 60 days after (i) the Court rules

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on Defendants' motion to dismiss and (ii) Lead Plaintiff informs the Court that it will not

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further amend their Complaint; or (c) to such other date and time as this Court shall order.

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Until the date of such Case Management Conference, the stay of discovery pursuant to the

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Reform Act shall stay in place, subject to the parties' right to seek to lift the stay pursuant to

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15 U.S.C. § 78u-4(b)(3)(B).

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DATED: November 22, 2011

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ROBBINS GELLER RUDMAN &
DOWD LLP

ALSTON & BIRD LLP

By: _/s/ Shawn A. Williams___
_
SHAWN A. WILLIAMS (Cal. State Bar
No. 213113)
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, California 94104
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]

and

and

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JULIE A. KEARNS (Cal. State Bar No.
246949)
655 West Broadway, Suite 1900
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Plaintiffs

JESSICA P. CORLEY (pro hac vice)
ELIZABETH P. SKOLA (pro hac vice)
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
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STIPUTLATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE

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Counsel for Defendants Oclaro, Inc., Alain Couder,
Jerry Turin, and James Haynes

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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: NOVEMBER 22, 2011

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

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UNIT
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11/29/11
DATED: ____________

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The CMC is reset from 12/2/11 to
3/23/12 at 9:00 a.m. A joint
S DISTRICT
CMC statement shall be filed by
TE
C
TA
3/16/12
_________________________________
Hon. Edward M. Chen
ED
United States District Court Judge
ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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STIPUTLATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE