Westley et al v. Oclaro, Inc. et al

Filing 89

STIPULATION AND ORDER 88 EXTENDING BRIEFING DEADLINE RE MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION filed by Alain Couder, Jerry Turin, Oclaro, Inc. Responses due by 10/30/2012. Replies due by 11/16/2012. Motion Hearing set for 12/11/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen Signed by Judge Edward M. Chen on 10/24/12. (bpf, COURT STAFF) (Filed on 10/25/2012) (bpf, COURT STAFF).

Case3:11-cv-02448-EMC Document88 Filed10/23/12 Page1 of 3

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GIDON M. CAINE (Cal. State Bar No. 188110)
TINA MEHR (Cal. State Bar No. 275659)
ALSTON & BIRD LLP
275 Middlefield Road
Suite 150
Menlo Park, California 94025-4008
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
JESSICA P. CORLEY (admitted pro hac vice)
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone: [phone]
Facsimile: [phone]
[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,
Plaintiffs,
v.
OCLARO, INC., et al.,
Defendants.
IN RE OCLARO, INC. DERIVATIVE
LITIGATION,

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This Document Relates to:

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No. C11-2448 EMC

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Case No. C11-2448 EMC
and related consolidated action

Lead Case No. C11-3176 EMC
(Derivative Action)
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE TO
FILE OPPOSITION TO LEAD
PLAINTIFFS’ MOTION FOR LEAVE
TO FILE MOTION FOR
RECONSIDERATION

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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO FILE OPPOSITION TO LEAD PLAINTIFFS’ MOTION FOR LEAVE
TO FILE MOTION FOR RECONSIDERATION

Case3:11-cv-02448-EMC Document88 Filed10/23/12 Page2 of 3

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WHEREAS, on September 21, 2012, the Court issued an order Granting Defendants’ Motion
to Dismiss Second Amended Complaint (“September 21 Order”) (Dkt. 79);

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WHEREAS, on October 4, 2012, lead plaintiff’s filed a Motion for Leave to File Motion for

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Reconsideration of September 21, 2012 Order Granting Defendants’ Motion to Dismiss Second

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Amended Complaint (“Motion for Leave”) pursuant to Civ. L.R. 7- 9 (Dkt. 81);

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WHEREAS, on October 9, 2012 the Court issued a Clerk’s Notice setting a date for hearing
on the Motion for Leave for November 9, 2012 at 1:30 pm. (Dkt. 83);

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WHEREAS, thereafter the Court instructed defendants to file an opposition to lead plaintiff’s
Motion for Leave and lead plaintiff to file a reply in support of the Motion for Leave; and

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WHEREAS, the parties have agreed to enter into a stipulation, subject to the approval of the

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Court, (1) rescheduling the hearing on the Motion for Leave to December 11, 2012 at 1:30 p.m., (2)

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setting a deadline of October 30, 2012 for defendants to file an opposition to lead plaintiff’s Motion

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for Leave, and (3) setting a deadline of November 16, 2012 for lead plaintiff to file a reply in support

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of the Motion for Leave.

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IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

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1. The hearing on lead plaintiff’s Motion for Leave is scheduled for December 11, 2012 at

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1:30 p.m.

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2. Defendants’ opposition to lead plaintiff’s Motion for Leave is due on October 30, 2012.

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3. Lead plaintiff’s reply in support of the Motion for Leave is due on November 16, 2012.

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DATED: October 23, 2012

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ROBBINS GELLER RUDMAN &
DOWD LLP

ALSTON & BIRD LLP

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By: _/s/ SHAWN A. WILIAMS
_ By: _/s/ Gidon M. Caine
_
SHAWN A. WILLIAMS (Cal. State Bar
GIDON M. CAINE (Cal. State Bar No. 188110)
No. 213113)
TINA MEHR (Cal. State Bar. No. 275659)
Post Montgomery Center
275 Middlefield Road
One Montgomery Street, Suite 1800
Suite 150
San Francisco, California 94104
Menlo Park, California 94025-4008
Telephone: [phone]
Telephone: [phone]
Facsimile [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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and

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and
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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO FILE OPPOSITION TO LEAD PLAINTIFFS’ MOTION FOR LEAVE
TO FILE MOTION FOR RECONSIDERATION

Case3:11-cv-02448-EMC Document88 Filed10/23/12 Page3 of 3

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

JESSICA P. CORLEY (pro hac vice)
One Atlantic Center
1201 West Peachtree Street
Atlanta, Georgia 30309-3424
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Defendants Oclaro, Inc., Alain Couder,
Jerry Turin

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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, Tina Mehr, attest that concurrence in the filing

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of this document has been obtained.

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DATED: OCTOBER 23, 2012

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/S/ TINA MEHR
TINA MEHR (CAL. STATE BAR NO. 275659)

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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IT IS S

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dward
Judge E

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HON. EDWARD M. CHEN
United States DistrictDERED
R Court Judge

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UNIT
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Octboer 24, 2012
DATED: ____________________

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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO FILE OPPOSITION TO LEAD PLAINTIFFS’ MOTION FOR LEAVE
TO FILE MOTION FOR RECONSIDERATION