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)
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?