Dull v. Rackable Systems Inc. et al

Filing 52

ORDER re 51 granting STIPULATION Regarding Scheduling Matters. Motion Hearing set for 6/3/2010 02:00 PM.. Signed by Judge Claudia Wilken on 2/23/10. (scc, COURT STAFF) (Filed on 2/23/2010)

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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 February 3, 2010, Lead Plaintiffs filed the Second Amended Complaint for Violations of the Federal Securities Laws ("Second Amended Complaint"); WHEREAS, on December 28, 2009, the Court entered an order setting the briefing schedule for Defendants' response to the Second Amended Complaint, which is currently due on February 24, 2010; WHEREAS, Defendants intend to file a motion to dismiss the Second Amended Complaint; WHEREAS, the parties have met and conferred regarding modifying the briefing schedule for Defendants' motion to dismiss; 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 motion to dismiss the Second Amended Complaint on

or before April 2, 2010; 2. Lead Plaintiffs shall file their opposition to Defendants' motion to dismiss on or

before April 30, 2010; 3. May 14, 2010; 4. The hearing on defendants' Motion to Dismiss shall be on June 3, 2010 at 2:00 Defendants shall file their reply in support of their motion to dismiss on or before

IT IS SO STIPULATED.

O'MELVENY & MYERS LLP

Dated: February 23, 2010

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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MP1:1190198.1

GLANCY BINKOW & GOLDBERG LLP

Dated: February 23, 2010

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.

DATED: __2/23/2010

The Honorable Claudia Wilken United States District Judge

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