Westley et al v. Oclaro, Inc. et al

Filing 80

STIPULATION AND ORDER RESETTING CMC FROM 9/28/12 TO 11/9/12 AT 9:00 A.M. re (44 in 3:11-cv-03176-EMC) STIPULATION WITH PROPOSED ORDER re (41) Stipulation and Order, Set Deadlines/Hearings,, RESCHEDULING CASE MANAGEMENT CONFERENCE filed by Oclaro, Inc., (78 in 3:11-cv-02448-EMC) STIPULATION WITH PROPOSED ORDER re (61) Terminate Deadlines, Stipulation and Order, Set Deadlines/Hearings, Set Motion and RESCHEDULING CASE MANAGEMENT CONFERENCE filed by Alain Couder, Jer ry Turin, James Haynes, Oclaro, Inc. Case Management Statement due by 11/2/2012. Case Management Conference set for 11/9/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/21/12. (bpf, COURT STAFF) (Filed on 9/21/2012)

Download PDF
1 2 3 4 GIDON M. CAINE (Cal. State Bar No. 188110) ALSTON & BIRD LLP 275 Middlefield Road Suite 150 Menlo Park, California 94025-4008 Telephone: (650) 838-2000 Facsimile: (650) 838-2001 gidon.caine@alston.com 5 6 7 8 9 10 11 JESSICA P. CORLEY (admitted pro hac vice) ALSTON & BIRD LLP One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3424 Telephone: (404) 881-7000 Facsimile: (404) 881-7777 jessica.corley@alston.com Attorneys for Defendants OCLARO, INC., ALAIN COUDER, JERRY TURIN, and JAMES HAYNES 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 CURTIS and CHARLOTTE WESTLEY, individually and on behalf of others similarly situated, Case No. C11-2448 EMC and related consolidated action 16 Plaintiffs, 17 v. 18 OCLARO, INC., et al., 19 Defendants. 20 21 22 IN RE OCLARO, INC. DERIVATIVE LITIGATION, 23 This Document Relates to: 24 No. C11-2448 EMC Lead Case No. C11-3176 EMC (Derivative Action) STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE 1 WHEREAS, on May 19, 2011, plaintiffs Curtis and Charlotte Westley filed a Class Action 2 Complaint for Violation of the Federal Securities Laws (“Complaint”) (Dkt. No. 1) against 3 defendants Oclaro, Inc., Alain Couder, Jerry Turin, and James Haynes in the above-entitled matter; 4 WHEREAS, on October 27, 2011, Lead Plaintiff Connecticut Laborers’ Pension Fund 5 (“Lead Plaintiff”) filed an Amended Complaint for Violation of the Federal Securities Laws 6 (“Amended Complaint”) (Dkt. No. 39) against Defendants Oclaro, Inc., Alain Couder, and Jerry 7 Turin (collectively, “Defendants”); 8 9 10 11 12 13 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); 14 WHEREAS, on April 20, 2012, the Court issued notice scheduling the Case Management 15 Conference for September 28, 2012 and the filing of the parties’ Joint Case Management Statement 16 for September 21, 2012 (Dkt. No. 61); 17 18 WHEREAS, on August 31, 2012, the Court held a hearing on Defendants’ motion to dismiss the Second Amended Complaint and has yet to issue an order resolving the motion; 19 WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, 15 U.S.C. 20 § 78u-4(b)(3)(B), discovery is currently stayed until the Court issues an order resolving Defendants’ 21 motion to dismiss the Second Amended Complaint; 22 WHEREAS, in order to avoid the unnecessary expenditure of the Court’s resources or effort 23 by the parties to this action, the parties have agreed, subject to the Court’s approval, to a sixty (60) 24 day continuance of the Case Management Conference and all associated obligations, including the 25 filing of the Joint Case Management Statement; and 26 27 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. 28 1 STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE 1 2 NOW THEREFORE, the undersigned parties, by and through their counsel of record, stipulate as follows: 3 1. To the extent the Court does not issue an order resolving Defendants’ motion to 4 dismiss the Second Amended Complaint in the interim, the Case Management 5 Conference, currently scheduled for September 28, 2012, is hereby continued to 6 November 30, 2012, or another date at least sixty (60) days out from September 28, 7 2012 that is convenient to the Court; 8 2. 9 To the extent the Court denies Defendants’ motion to dismiss the Second Amended Complaint, the parties will work together to set another date for the Case 10 Management Conference; and 11 3. The deadline for the Joint Case Management Statement, currently due September 21, 12 2012, shall be extended to one week prior to the rescheduled Case Management 13 Conference. 14 DATED: September 20, 2012 15 ROBBINS GELLER RUDMAN & DOWD LLP ALSTON & BIRD LLP 20 By: _/s/ Julie A. Kearns _ JULIE A. KEARNS (Cal. State Bar No. 246949) 655 West Broadway, Suite 1900 San Diego, California 92101 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 jkearns@rgrdlaw.com By: _/s/ Gidon M. Caine _ GIDON M. CAINE (Cal. State Bar No. 188110) 275 Middlefield Road Suite 150 Menlo Park, California 94025-4008 Telephone: (650) 838-2000 Facsimile: (650) 838-2001 gidon.caine@alston.com 21 and and 16 17 18 19 22 23 24 25 26 27 SHAWN A. WILLIAMS (Cal. State Bar No. 213113) Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, California 94104 Telephone: (415) 288-4545 Facsimile (415) 288-4534 shawnw@rgrdlaw.com Counsel for Plaintiffs JESSICA P. CORLEY (pro hac vice) One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3424 Telephone: (404) 881-7000 Facsimile: (404) 881-7777 jessica.corley@alston.com Counsel for Defendants Oclaro, Inc., Alain Couder, Jerry Turin 28 2 STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE 1 SIGNATURE ATTESTATION 2 I am the ECF User whose identification and password are being used to file the foregoing 3 Stipulation and [Proposed] Order Rescheduling Case Management Conference. Pursuant to General 4 Order No. 45, Section X (B) regarding signatures, I, Gidon M. Caine, attest that concurrence in the 5 filing of this document has been obtained. 6 DATED: SEPTEMBER 20, 2012 /S/ GIDON M. CAINE GIDON M. CAINE (CAL. STATE BAR NO. 188110) 7 8 17 ER R NIA n M. Che FO dward Judge E H 16 RT 15 NO 14 ORDE T IS SO DIFIED I AS MO LI 13 HON. EDWARD M. CHEN United StatesD RE District Court Judge A 12 RT U O 11 S DISTRICT TE C 9/21/12 DATED: ____________________ TA __________________________________________ S 10 CMC is reset from 9/28/12 to 11/9/12 at 9:00 a.m. A joint CMC Statement shall be filed by 11/2/12. PURSUANT TO STIPULATION, IT IS SO ORDERED. UNIT ED 9 N D IS T IC T R OF C 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?