Dull v. Rackable Systems Inc. et al

Filing 33

ORDER re 32 granting STIPULATION REGARDING SCHEDULING MATTERS. Signed by Judge Claudia Wilken on 11/2/09. (scc, COURT STAFF) (Filed on 11/2/2009)

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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. ) ) ) ) ) ) ) ) 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, on June 15, 2009, Lead Plaintiffs filed the Amended Complaint for Violations of the Federal Securities Laws ( Amended Complaint ); " " WHEREAS, on August 4, 2009, the Court entered an order setting a briefing schedule for Defendants' motion to dismiss the Amended Complaint; WHEREAS, Defendants filed their Motion to Dismiss the Amended Complaint for Violations of the Federal Securities Laws ( Motion to Dismiss ) on August 13, 2009; " " WHEREAS, Lead Plaintiffs filed their Opposition to Defendants' Motion to Dismiss on September 14, 2009; WHEREAS, pursuant to a stipulation by the parties, the Court entered an order setting the deadline for Defendants' reply brief in support of the Motion to Dismiss to October 21, 2009 and the setting hearing on Defendants' Motion to Dismiss for November 19, 2009 at 2 p.m.; WHEREAS, pursuant to stipulation by the parties, the Court entered an order extending the deadline for Defendants' reply brief to October 30, 2009; WHEREAS, the parties have met and conferred regarding the briefing schedule for Defendants' reply brief in support of the Motion to Dismiss; WHEREAS, the parties have agreed to a further extension of the deadline for Defendants' reply brief which does not require any change to the hearing on the Motion to Dismiss; and NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully request that the Court enter an order, as follows: 1. Defendants shall file their reply brief at or before 3:00 P.M. Pacific Time on

November 2, 2009. IT IS SO STIPULATED.

O'MELVENY & MYERS LLP

Dated: November 2, 2009

By:

/s/ Meredith N. Landy

Attorneys for Defendants Rackable Systems, Inc., Thomas K. Barton, Madhu Ranganathan -1STIPULATION AND [PROPOSED] ORDER CASE NO. C-09-0222-CW

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and Todd R. Ford GLANCY BINKOW & GOLDBERG LLP

By:

/s/ Lionel Z. Glancy Michael Goldberg

Attorneys for Lead Plaintiffs

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. 11/2 DATED: __________, 2009 The Honorable Claudia Wilken United States District Judge

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