Westley et al v. Oclaro, Inc. et al

Filing 49

STIPULATION AND ORDER re BRIEFING SCHEDULE RE (44 in 3:11-cv-02448-EMC) MOTION to Dismiss Amended Complaint for Violation of the Federal Securities Laws and Memorandum of Point and Authorities filed by Alain Couder, Jerry Turin, Oclaro , Inc., Set/Reset Deadlines as to (44 in 3:11-cv-02448-EMC) MOTION to Dismiss Amended Complaint for Violation of the Federal Securities Laws and Memorandum of Point and Authorities. Responses due by 2/3/2012. Replies due by 3/2/2012.. Signed by Judge Edward M. Chen on 1/24/12. (bpf, COURT STAFF) (Filed on 1/24/2012)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 SHAWN A. WILLIAMS (213113)
Post Montgomery Center
3 One Montgomery Street, Suite 1800
San Francisco, CA 94104
4 Telephone: [phone]
415/288-4534 (fax)
5 [e-mail]
– and –
6 JULIE A. KEARNS (246949)
655 West Broadway, Suite 1900
7 San Diego, CA 92101
Telephone: [phone]
8 619/231-7423 (fax)
[e-mail]
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Lead Counsel for Plaintiffs
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[Additional counsel appear on signature page.]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CURTIS AND CHARLOTTE WESTLEY,
) No. C11-02448-EMC
14 Individually and on Behalf of All Others
) and related consolidated action
Similarly Situated,
) (Lead Case No. C11-3176-EMC)
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) (Derivative Action)
Plaintiffs,
)
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)
vs.
)
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)
OCLARO, INC., et al.,
)
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Defendants.
)
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)
) Lead Case No. C11-3176-EMC
In re OCLARO, INC. DERIVATIVE
20 LITIGATION
) (Derivative Action)
)
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)
)
This Document Relates To:
22
)
)
No. C11-02448-EMC
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)
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STIPULATION AND [PROPOSED] ORDER EXTENDING THE DATE FOR LEAD
PLAINTIFF’S RESPONSE TO DEFENDANTS’ MOTION TO DISMISS AMENDED
COMPLAINT

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678863_1

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WHEREAS, on October 27, 2011, lead plaintiff Connecticut Laborers’ Pension Fund filed

2 the Amended Complaint for Violation of the Federal Securities Laws. Dkt. No. 39.
3

WHEREAS, on December 12, 2011, defendants filed their Notice of Motion and Motion to

4 Dismiss Amended Complaint for Violation of the Federal Securities Laws and Memorandum of
5 Points and Authorities (“Motion to Dismiss”). Dkt. No. 44.
6

WHEREAS, lead plaintiff is scheduled to file its opposition to the Motion to Dismiss no later

7 than January 26, 2012.
8

WHEREAS, defendants are currently scheduled to file their reply in support of the Motion to

9 Dismiss on February 27, 2012.
10

WHEREAS, counsel for lead plaintiff, due to scheduling conflicts, has requested an

11 agreement from counsel for defendants, to extend the date for lead plaintiff to file its opposition to
12 the Motion to Dismiss from January 26, 2012 to February 3, 2012.
13

WHEREAS, the hearing on defendants’ Motion to Dismiss is currently scheduled for March

14 23, 2012 at 1:30 p.m. and the requested modification will not affect the hearing date set for the
15 Motion to Dismiss.
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WHEREAS, the parties, through their counsel of record, have met and conferred and agreed,

17 subject to approval of the Court that the date for lead plaintiff’s opposition to the Motion to Dismiss
18 shall be extended until February 3, 2012. Defendants’ reply brief shall be filed no later than March
19 2, 2012. The date for hearing on the Motion to Dismiss shall remain March 23, 2012 at 1:30 p.m.
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NOW THEREFORE, lead plaintiff’s opposition to defendants’ Motion to Dismiss shall be

21 filed no later than February 3, 2012. Defendants’ reply shall be filed no later than March 2, 2012.
22 The hearing on defendants’ Motion to Dismiss shall remain on March 23, 2012 at 1:30 p.m.
23 DATED: January 20, 2012
24

ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS

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s/ Shawn A. Williams
SHAWN A. WILLIAMS

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678863_1

STIPULATION AND [PROPOSED] ORDER EXTENDING THE DATE FOR LEAD PLTF’S
RESPONSE TO DEFS’ MOTION TO DISMISS AMENDED COMPLAINT - C11-02448-EMC

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Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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ROBBINS GELLER RUDMAN
& DOWD LLP
JULIE A. KEARNS
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: [phone]
619/231-7423 (fax)

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Lead Counsel for Plaintiffs
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ROBERT M. CHEVERIE & ASSOCIATES
GREGORY S. CAMPORA
Commerce Center One
333 E. River Drive, Suite 101
East Hartford, CT 06108
Telephone: [phone]
860/290-9611 (fax)

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HOLZER HOLZER & FISTEL, LLC
MICHAEL I. FISTEL, JR.
200 Ashford Center North, Suite 300
Atlanta, GA 30338
Telephone: [phone]
770/392-0029 (fax)

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DYER & BERENS LLP
ROBERT J. DYER III
JEFFREY A. BERENS
303 East 17th Avenue, Suite 300
Denver, CO 80203
Telephone: [phone]
303/395-0393 (fax)

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Additional Counsel for Plaintiff

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678863_1

STIPULATION AND [PROPOSED] ORDER EXTENDING THE DATE FOR LEAD PLTF’S
RESPONSE TO DEFS’ MOTION TO DISMISS AMENDED COMPLAINT - C11-02448-EMC

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1 DATED: January 20, 2012

ALSTON & BIRD LLP
GIDON M. CAINE

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s/ Gidon M. Caine
GIDON M. CAINE

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275 Middlefield Road, Suite 150
Menlo Park, CA 94025-4008
Telephone: [phone]
650/838-2001 (fax)

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Attorneys for Defendants
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I, Shawn A. Williams, am the ECF User whose identification and password are being used to

10 file the Stipulation and [Proposed] Order Extending the Date for Lead Plaintiff’s Response to
11 Defendants’ Motion to Dismiss Amended Complaint. In compliance with General Order 45.X.B, I
12 hereby attest that Gidon M. Caine has concurred in this filing.
13
14 Dated: January 20, 2012

By:

s/ Shawn A. Williams
SHAWN A. WILLIAMS

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ORDER

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UNIT
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1/24/12
19 DATED: _________________________

RT
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IT IS SO ORDERED.

S DISTRICT
TE
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TA

____________________________________
D
THE HONORABLE EDWARD M. CHEN
RDERE
UNITEDISTATES DISTRICT JUDGE
IS SO O
T

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Judge E

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STIPULATION AND [PROPOSED] ORDER EXTENDING THE DATE FOR LEAD PLTF’S
RESPONSE TO DEFS’ MOTION TO DISMISS AMENDED COMPLAINT - C11-02448-EMC

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CERTIFICATE OF SERVICE
I hereby certify that on January 20, 2012, I authorized the electronic filing of the foregoing

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to
4 the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I
5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List.
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I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on January 20, 2012.
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s/ Shawn A. Williams
SHAWN A. WILLIAMS
ROBBINS GELLER RUDMAN
& DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)
E-mail: [e-mail]

CAND-ECF-

Page 1 of 1

Mailing Information for a Case 3:11-cv-02448-EMC
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case.
Gidon M. Caine
[e-mail],[e-mail]
Jessica Perry Corley
[e-mail]
Michael I. Fistel , Jr
[e-mail]
Frank James Johnson
[e-mail],[e-mail],[e-mail]
Julie A. Kearns
[e-mail],[e-mail],[e-mail]
Brian O. O'Mara
bo'[e-mail],[e-mail],[e-mail]
Mark Punzalan
[e-mail],[e-mail],[e-mail],[e-mail],rrivas@finkelsteinthomp
Darren Jay Robbins
[e-mail]
Elizabeth Patz Skola
[e-mail],[e-mail]
David Conrad Walton
[e-mail]
Shawn A. Williams
[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]

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Robert
J. Dyer
Dyer & Berens LLP
303 East 17th Avenue, Suite 300
Denver, CO 80203

, III

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1/20/2012