Dull v. Rackable Systems Inc. et al

Filing 62

ORDER re 60 Granting Stipulation Continuing Case Management Conference. Case Management Conference set for 6/22/2010 02:00 PM. Signed by Judge Claudia Wilken on 5/10/2010. (ndr, COURT STAFF) (Filed on 5/10/2010)

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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 CONTINUING CASE MANAGEMENT CONFERENCE - AS MODIFIED

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

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WHEREAS, on April 5, 2010, the Court entered its Order granting Lead Plaintiffs' leave to file their Supplemental Second Amended Complaint ("Second Amended Complaint"); WHEREAS, on April 9, 2010, Defendants moved to dismiss the Second Amended Complaint; WHEREAS, pursuant to the Court's April 5, 2010 Order, Lead Plaintiffs' opposition to Defendants' motion is due May 12, 2010, Defendants' reply is due May 26, 2010, and the hearing on the motion to dismiss is scheduled for June 3, 2010; WHEREAS, a Case Management Conference is currently scheduled for May 11, 2010, at

WHEREAS, in light of Defendants' pending motion to dismiss and the discovery stay imposed by the Private Securities Litigation Reform Act of 1995, the parties believe that the Case Management Conference currently scheduled for May 11, 2010, should be continued until after the hearing on 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. That the Case Management Conference scheduled for May 11, 2010 is vacated,

2.

That a Case Management Conference is now set for June 22, 2010, at 2 p.m.

IT IS SO STIPULATED.

O'MELVENY & MYERS LLP

Dated: May 6, 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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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. But see the Order of May 6: hearing on motion to dismiss must be rescheduled.

The Honorable Claudia Wilken United States District Judge

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