Dull v. Rackable Systems Inc. et al

Filing 28

FILED IN ERROR. SEE DOCKET # 29 FOR CORRECT ORDER ORDER re 27 GRANTING STIPULATION REGARDING SCHEDULING MATTERS. Motion Hearing set for 11/19/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 10/15/09. (scc, COURT STAFF) (Filed on 10/15/2009) Modified on 10/16/2009 (scc, COURT STAFF).

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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. ) ) ) ) ) ) ) ) Case No. C-09-0222-CW CLASS ACTION STIPULATION AND [ORDER VACATING DATE FOR INITIAL CASE MANAGEMENT CONFERENCE AS MODIFIED

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

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WHEREAS, the initial complaint in this action was filed on January 16, 2009; WHEREAS, the Court entered an Order appointing Lead Plaintiff and Lead Plaintiffs' counsel on April 16, 2009; WHEREAS, Lead Plaintiff filed an amended complaint on June 15, 2009; WHEREAS, Defendants moved to dismiss the amended complaint on August 13, 2009, and the hearing on Defendants' motion to dismiss is scheduled for October 29, 2009; WHEREAS, pursuant to a stipulation of the parties, which pre-dated Defendants' motion to dismiss, the Court set an Initial Case Management Conference for October 20, 2009; WHEREAS, the Order setting the Initial Case Management Conference requires the parties to comply with various procedures, including initial disclosures, and the filing of a Rule 26(f) Report and Joint Case Management Conference Statement, in connection with the Conference; WHEREAS, this action is subject to the provisions of the Private Securities Litigation Reform Act of 1995 (the "PSLRA") which imposes a discovery stay pending solution of a motion to dismiss the consolidated amended complaint; WHEREAS, the parties believe that the procedures to be completed in connection with the Initial Case Management Conference are incompatible with the requirements of the PSLRA, and that the scheduling of an Initial Case Management Conference in this action is premature; NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully request that the Court enter an order, as follows: 1. That the October 20, 2009 Initial Case Management Conference should be taken

off calendar; and 2. That the procedures to be completed in connection with the Initial Case

Management Conference should be postponed pending any rescheduling of the Initial Case Management Conference.

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

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IT IS SO STIPULATED.

O'MELVENY & MYERS LLP

Dated: October 13, 2009

By:

/s/ Meredith N. Landy

Attorneys for Defendants Rackable Systems, Inc., Thomas K. Barton, Madhu Ranganathan and Todd R. Ford GLANCY BINKOW & GOLDBERG LLP

Dated: October 13, 2009

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. THE CASE MANAGEMENT CONFERENCE WILL BE HELD ON DECEMBER 1, 2009, AT 2:00 P.M. 10/13/09 DATED: __________, 2009 The Honorable Claudia Wilken United States District Judge

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

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