Dull v. Rackable Systems Inc. et al

Filing 16

ORDER re 15 granting STIPULATION REGARDING SCHEDULING MATTERS. Signed by Judge Claudia Wilken on 8/4/09. (scc, COURT STAFF) (Filed on 8/4/2009)

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MEREDITH N. LANDY (S.B. #136489) PETER T. SNOW (S.B. #222117) O'MELVENY & MYERS LLP 2765 Sand Hill Road Menlo Park, California 94025-7019 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Attorneys for Defendants Rackable Systems, Inc., Thomas K. Barton, Madhu Ranganathan and Todd R. Ford

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

IN RE RACKABLE SYSTEMS, INC. SECURITIES LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS.

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Case No. C-09-0222-CW CLASS ACTION STIPULATION AND ORDER REGARDING SCHEDULING MATTERS

STIPULATION AND [PROPOSED] ORDER CASE NO. C-09-0222-CW

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WHEREAS, pursuant to the Court's Stipulation And Order Regarding Scheduling And Related Matters As Modified of March 13, 2009, Lead Plaintiff filed the Amended Complaint For Violations Of The Federal Securities Laws ("Amended Complaint") on June 15, 2009; WHEREAS, Defendants' response to the Amended Complaint is currently due on July 30, 2009; WHEREAS, Defendants intend to file a motion to dismiss the Amended Complaint; WHEREAS, the parties have agreed, subject to the approval of the Court, to modify the schedule for the filing of Defendants' response to the Amended Complaint. NOW THEREFORE, the parties to this action hereby stipulate and agree, by and through their undersigned counsel, as follows: 1. Defendants shall file their response or any motion directed to the Amended

Complaint by August 13, 2009; 2. If Defendants file a motion directed to the Amended Complaint, Lead Plaintiff's

opposition brief shall be filed by September 14, 2009; 3. Defendants' reply brief in support of any such motion shall be filed by

October 14, 2009; 4. 2:00 p.m. The hearing on any motion filed by Defendants shall be October 29, 2009 at

O'MELVENY & MYERS LLP

Dated: July 28, 2009

By:

/s/ Meredith N. Landy

Attorneys for Defendants Rackable Systems, Inc., Thomas K. Barton, Madhu Ranganathan and Todd R. Ford

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STIPULATION AND [PROPOSED] ORDER CASE NO. C-09-0222-CW

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GLANCY BINKOW & GOLDBERG LLP

By:

/s/ Lionel Z. Glancy Michael Goldberg

Attorneys for Lead Plaintiff

I, Meredith N. Landy, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Scheduling Matters. In compliance with General Order 45, X.B., I hereby attest that Lionel Z. Glancy has concurred in this filing. By: /s/ ________________________ Meredith N. Landy

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 8/4 DATED: __________, 2009 The Honorable Claudia Wilken United States District Judge

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STIPULATION AND [PROPOSED] ORDER CASE NO. C-09-0222-CW