Westley et al v. Oclaro, Inc. et al

Filing 85

STIPULATION AND ORDER re 84 EXTENDING DEADLINE FOR LEAD PLAINTIFF TO FILE THIRD AMENDED COMPLAINT filed by Connecticut Laborers' Pension Fund. Signed by Judge Edward M. Chen on 10/17/12. (bpf, COURT STAFF) (Filed on 10/17/2012)

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:
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)
)
C11-02448-EMC.
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)
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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR
LEAD PLAINTIFF TO FILE THIRD AMENDED COMPLAINT

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777094_1

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The parties, through their respective counsel of record, hereby submit this stipulated

2 agreement regarding the deadline for lead plaintiff to file its third amended complaint.
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WHEREAS, on September 21, 2012, the Court issued an Order Granting Defendants’

4 Motion to Dismiss Second Amended Complaint (“September 21 Order”) (Dkt. No. 79);
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WHEREAS, the September 21 Order provides that lead plaintiff must file a third amended

6 complaint no later than 30 days from the date of entry of the September 21 Order, or by October 22,
7 2012;
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WHEREAS, on October 4, 2012, lead plaintiff filed a Motion for Leave to File Motion for

9 Reconsideration of September 21, 2012 Order Granting Defendants’ Motion to Dismiss Second
10 Amended Complaint (“Motion for Leave”) pursuant to Civil L.R. 7-9 (Dkt. No. 81);
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WHEREAS, on October 9, 2012 the clerk issued a Notice that the Court had set a date for

12 hearing on the Motion for Leave for November 9, 2012 at 1:30 p.m. (Dkt. No. 83);
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WHEREAS, it is lead plaintiff’s position that it is in the best interest of all parties to await

14 guidance from the Court in connection with lead plaintiff’s Motion for Leave before filing a third
15 amended complaint;
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WHEREAS, counsel for lead plaintiff has requested an agreement from defendants extending

17 the date upon which lead plaintiff must file the third amended complaint until after the Court rules
18 on the Motion for Leave; and
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WHEREAS, counsel for defendants, in light of the request, has agreed to enter into a

20 stipulation, subject to the approval of the Court, extending the date for lead plaintiff to file a third
21 amended complaint until after the court rules on the Motion for Leave.
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777094_1

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR LEAD
PLAINTIFF TO FILE THIRD AMENDED COMPLAINT - C11-02448-EMC

-1-

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IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

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The deadline for lead plaintiff to file its third amended complaint shall be extended until 14

3 days after the Court issues an order on the Motion for Leave.
4 DATED: October 16, 2012
5

ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS

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s/ Shawn A. Williams
SHAWN A. WILLIAMS
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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777094_1

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR LEAD
PLAINTIFF TO FILE THIRD AMENDED COMPLAINT - C11-02448-EMC

-2-

1 DATED: October 16, 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
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file the Stipulation and [Proposed] Order to Extend the Deadline for Plaintiff to File Third Amended
11
Complaint. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Gidon M. Caine has
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concurred in this filing.
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DATED: October 16, 2012

s/ Shawn A. Williams
SHAWN A. WILLIAMS

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S

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FO

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RT

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dward
Judge E

NO

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RDER

OO
IT IS S

A

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S DISTRICT
TE
C
TA

THE HONORABLE EDWARD M. CHEN
UNITED STATES DISTRICT D
E JUDGE

UNIT
ED

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IT IS SO ORDERED.
October 17, 2012
DATED:

RT
U
O

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*

ORDER

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N

D IS T IC T
R

OF

C

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777094_1

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR LEAD
PLAINTIFF TO FILE THIRD AMENDED COMPLAINT - C11-02448-EMC

-3-

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CERTIFICATE OF SERVICE
I hereby certify that on October 16, 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 October 16, 2012.
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777094_1

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
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Gidon M. Caine
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Jessica Perry Corley
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Michael I. Fistel , Jr
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Frank James Johnson
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Julie A. Kearns
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Brian O. O'Mara
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Darren Jay Robbins
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Shawn A. Williams
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Robert
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Denver, CO 80203

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