Westley et al v. Oclaro, Inc. et al

Filing 61

***Deadlines terminated. 60 STIPULATION WITH PROPOSED ORDER Scheduling Plaintiffs' Filing of Second Amended Complaint and Defendants' Response Thereto and Rescheduling Case Management Conference filed by Alain Couder, Jerry T urin, Charlotte Westley, Curtis Westley, Connecticut Laborers' Pension Fund, Oclaro, Inc.., STIPULATION AND ORDER re 60 STIPULATION WITH PROPOSED ORDER Scheduling Plaintiffs' Filing of Second Amended Complaint and Defendants& #039; Response Thereto and Rescheduling Case Management Conference filed by Alain Couder, Jerry Turin, Charlotte Westley, Curtis Westley, Connecticut Laborers' Pension Fund, Oclaro, Inc., Set/Reset Deadlines as to 60 STIPULATION WITH PROPOSED ORDER Scheduling Plaintiffs' Filing of Second Amended Complaint and Defendants' Response Thereto and Rescheduling Case Management Conference. Case Management Statement due by 9/21/2012. Case Management Conference set for 9/28/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco. Responses due by 6/25/2012. Replies due by 7/16/2012. Motion Hearing set for 8/24/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 4/20/12. (bpf, COURT STAFF) (Filed on 4/20/2012)

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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

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Lead Case No. C11-3176 EMC
(Derivative Action)
STIPULATION AND [PROPOSED]
ORDER SCHEDULING PLAINTIFFS’
FILING OF SECOND AMENDED
COMPLAINT AND DEFENDANTS’
RESPONSE THERETO AND
RESCHEDULING CASE
MANAGEMENT CONFERENCE

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STIPUTLATION AND [PROPOSED] ORDER SCHEDULING PLAINTIFFS’ FILING OF SECOND AMENDED COMPLAINT AND
DEFENDANTS’ RESPONSE THERETO AND 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 (collectively, “Defendants”) in the above-entitled

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matter on May 19, 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;
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;

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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 filed a motion to dismiss the Amended Complaint on December 12,
2011, triggering a stay of discovery under the Reform Act, 15 U.S.C. § 78u-4(b)(3)(B);

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WHEREAS, on March 2, 2012, the Clerk issued notice that the Case Management

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Conference, previously scheduled for March 23, 2012, was reset for April 27, 2012 and the Case

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Management Statement was due April 20, 2012;

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WHEREAS, the Court held a hearing on March 23, 2012 on the motion to dismiss the
Amended Complaint;

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WHEREAS, on March 27, 2012, the Court entered an order granting Defendants’ motion to

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dismiss the Amended Complaint without prejudice and allowing Plaintiffs thirty (30) days to file an

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amended complaint (“Second Amended Complaint”);

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WHEREAS, under the current schedule, Plaintiffs have until April 26, 2012 to file the
Second Amended Complaint;
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STIPUTLATION AND [PROPOSED] ORDER SCHEDULING PLAINTIFFS’ FILING OF SECOND AMENDED COMPLAINT AND
DEFENDANTS’ RESPONSE THERETO AND RESCHEDULING CASE MANAGEMENT CONFERENCE

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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 filing of the motion to dismiss, the parties to this

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action have agreed, in the interim prior to the decision on the motion to dismiss and subject to the

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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.
NOW THEREFORE, the undersigned parties, by and through their counsel of record,
stipulate as follows:
1.

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Complaint;
2.

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3.

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Defendants shall file and serve any reply in support of their motion to dismiss the
Second Amended Complaint on or before July 16, 2012;

5.

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Plaintiffs shall file and serve any opposition to Defendants’ motion to dismiss the
Second Amended Complaint on or before June 25, 2012;

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Defendants shall file and serve any answer or other response on or before May 25,
2012;

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Plaintiffs shall have until April 26, 2012 to file and serve the Second Amended

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Oral argument on Defendants’ motion to dismiss will be held on August 17, 2012, or
on such other date and time as the Court shall order;

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The parties agree that discovery in the above-captioned action shall be stayed

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pursuant to the Private Securities Litigation Reform Act, 15 U.S.C. § 78u-4(b)(3)(B),

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until the Court issues an order resolving Defendants’ motion to dismiss the Second

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Amended Complaint;

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7.

The Case Management Conference, currently scheduled for April 27, 2012, is hereby
reset for September 28, 2012 at 9:00 a.m.
adjourned to 30 days after the Court rules on Defendants' motion to dismiss.

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The deadline for the Case Management Statement, currently due April 20, 2012, shall

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be extended until one week prior to the rescheduled Case Management Conference.
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STIPUTLATION AND [PROPOSED] ORDER SCHEDULING PLAINTIFFS’ FILING OF SECOND AMENDED COMPLAINT AND
DEFENDANTS’ RESPONSE THERETO AND RESCHEDULING CASE MANAGEMENT CONFERENCE

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DATED: April 19, 2012

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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]

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

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]

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

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NO

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Hon. Edward M. Chen
United States District Court Judge . Chen
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Judge E

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April 20, 2012
DATED: ____________

UNIT
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: APRIL 19, 2012

STIPUTLATION AND [PROPOSED] ORDER SCHEDULING PLAINTIFFS’ FILING OF SECOND AMENDED COMPLAINT AND
DEFENDANTS’ RESPONSE THERETO AND RESCHEDULING CASE MANAGEMENT CONFERENCE

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