Guindani v. Couder et al

Filing 41

STIPULATION AND ORDER re 40 STIPULATION WITH PROPOSED ORDER Rescheduling Case Management Conference filed by Matteo Guindani, Oclaro, Inc. 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.. 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 (pro hac vice)
Elizabeth P. Skola (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 Nominal Defendant
OCLARO, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE OCLARO, INC. DERIVATIVE
LITIGATION

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Lead Case No. 11-cv-03176-EMC
(Derivative Action)

This Document Relates to:
ALL ACTIONS

STIPULATION AND [PROPOSED]
ORDER RESCHEDULING CASE
MANAGEMENT CONFERENCE

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STIPULATION AND [PROPOSED] ORDER RESCHEUDLING CASE MANAGEMENT CONFERENCE
CASE NO. 11-CV-03176-EMC

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WHEREAS, between June 27, 2011 and July 7, 2011, three related shareholder derivative

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actions, Guindani v. Couder, No. 3:11-cv-03176-PSG (N.D. Cal. filed June 27, 2011), Coney v.

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Couder, No. 3:11-cv-03214-HRL (N.D. Cal. filed June 28, 2011), and Braman v. Couillaud, No.

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3:11-cv-03322-RS (N.D. Cal. filed July 7, 2011) (collectively, the “Oclaro Derivative Litigation”),

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were filed in this Court against nominal defendants Oclaro, Inc. (“Oclaro”) and certain of its officers

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and directors (collectively, “defendants”);

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WHEREAS, on July 20, 2011, the Court issued a separate order consolidating the Oclaro

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Derivative Litigation under the caption In re Oclaro, Inc. Derivative Litigation, No. 11-cv-03176-

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EMC;

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WHEREAS, the Oclaro Derivative Litigation involved many of the same parties and events

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as a putative class action that was filed in this Court on May 19, 2011, Westley v. Oclaro, Inc., No.

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3:11-cv-02448-EMC (N.D. Cal.) (“Oclaro Securities Class Action”);

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WHEREAS, there is an overlap in subject matter between the Oclaro Derivative Litigation

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and the Oclaro Securities Class Action such that the resolution of the defendants’ motion to dismiss

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in the Oclaro Securities Class Action may impact the Oclaro Derivative Litigation;

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WHEREAS, on November 29, 2011, the Court entered an order staying all proceedings in

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the Oclaro Derivative Litigation until such time as (a) the defendants file an answer to any complaint

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in the Oclaro Securities Class Action; or (b) the Oclaro Securities Class Action is dismissed in its

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entirety with prejudice;

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WHEREAS, on March 5, 2012, the Clerk issued notice scheduling the Case Management

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Conference in the Oclaro Derivative Action for April 27, 2012 and setting a deadline for the Case

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Management Statement of April 20, 2012;

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WHEREAS, on March 27, 2012, the Court entered an order in the Oclaro Securities Class

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Action granting the defendants’ motion to dismiss the Amended Complaint without prejudice and

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allowing the plaintiffs thirty (30) days to file an amended complaint (“Second Amended

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Complaint”) in that action;

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WHEREAS, on April 19, 2012, the parties in the Oclaro Securities Action filed a Stipulation
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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE
CASE NO. 11-CV-03176-EMC

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and Proposed Order Scheduling Plaintiffs’ Filing of Second Amended Complaint and Defendants’

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Response Thereto and Rescheduling Case Management Conference, in which the parties stipulated

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to (1) the adjournment of the Case Management Conference in the Oclaro Securities Class Action to

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30 days after the Court rules on the defendants’ motion to dismiss the Second Amended Complaint

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in the Oclaro Securities Class Action; and (2) the rescheduling of the deadline for the Joint Case

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Management Statement in the Oclaro Securities Class Action until one week prior to the rescheduled

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Case Management Conference in the Oclaro Securities Class Action;

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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 Second Amended

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Complaint in the Oclaro Securities Action, the parties to this action have agreed, in the interim prior

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to the decision on the motion to dismiss and subject to the Court’s approval, to the continuance of

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the Case Management Conference and all associated obligations, including the filing of the Joint

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Case Management Statement; and

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WHEREAS, this Stipulation and Order is without prejudice to, or waiver of any rights,

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arguments, or defenses otherwise available to the parties in this action, including, but not limited to,

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the right to revisit the timing of the below-referenced pleadings and motions once the Court has

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issued an order ruling on the defendants’ motion to dismiss the Second Amended Complaint in the

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Oclaro Securities Class Action.

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

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

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motion to dismiss the Second Amended Complaint in the Oclaro Securities Class Action.

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The deadline for the Joint Case Management Conference Statement in the Oclaro

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Derivative Litigation, currently set for April 20, 2012, is hereby adjourned. The Joint Case

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Management Conference Statement shall be due one week prior to the rescheduled Case

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Management Conference.

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE
CASE NO. 11-CV-03176-EMC

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IT IS SO STIPULATED.

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ALSTON & BIRD LLP

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DATED: Menlo Park, California
April 19, 2012

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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

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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]

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Counsel for Nominal Defendant Oclaro, Inc.

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JOHNSON & WEAVER, LLP

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By: _s/ Frank J. Johnson___________
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FRANK J. JOHNSON (Cal. State Bar No.
174882)
SHAWN E. FIELDS (Cal. State Bar No. 255267)
110 West A Street
Suite 750
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Counsel for Lead Plaintiff

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DATED: San Diego, California
April 19, 2012

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SIGNATURE ATTESTAION

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I, Gidon M. Caine, am the ECF User whose ID and password are being used to file this

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Stipulation and Proposed Order Staying Proceedings. In compliance with General Order No. 45,

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X(B) regarding signatures, I hereby attest that Frank J. Johnson has concurred in this filing.

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE
CASE NO. 11-CV-03176-EMC

s/ Gidon M. Caine
GIDON M. CAINE

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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dwa
Judge E

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hen

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AS MO

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___________
The Hon. Edward ORDERED
M. Chen
United IT IS SO
States District Judge
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DATED: San Francisco, California
4/20/12
__________

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STIPULATION AND [PROPOSED] ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE
CASE NO. 11-CV-03176-EMC

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