Dull v. Rackable Systems Inc. et al

Filing 64

ORDER re 63 Granting Stipulation Regarding the Briefing Schedule and Hearing on Defendants Motion to Dismiss and Continuation of the May 11, 2010 Case Management Conference. Further Case Management Conference set for 7/1/2010 02:00 PM. Motion Hearing set for 7/1/2010 02:00 PM. Signed by Judge Claudia Wilken on 5/12/2010. (ndr, COURT STAFF) (Filed on 5/12/2010)

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GLANCY BINKOW & GOLDBERG LLP LIONEL Z. GLANCY (S.B.#134180) MICHAEL GOLDBERG (S.B.#196382) 1801 Avenue of the Stars, Suite 311 Los Angeles, California 90067 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Lead Counsel for Lead Plaintiff

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING THE BRIEFING SCHEDULE AND HEARING ON DEFENDANTS' MOTION TO DISMISS AND CONTINUATION OF THE CASE MANAGEMENT CONFERENCE

UNITED STATES DISTRICT COURT NORTHERN DISTRICT CALIFORNIA ______________________________ ) IN RE RACKABLE SYSTEMS, INC.) SECURITIES LITIGATION ) ______________________________ ) ) THIS DOCUMENT RELATES TO: ) ALL ACTIONS ) ______________________________ ) Case No. C-09-0222-CW CLASS ACTION

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING THE BRIEFING SCHEDULE AND HEARING ON DEFENDANTS' MOTION TO DISMISS AND CONTINUATION OF THE MAY 11, 2010, CASE MANAGEMENT CONFERENCE

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WHEREAS, pursuant to a previous stipulation of Lead Plaintiffs Gerald Dull and Vincent Fusco ("Plaintiffs") and Defendants Rackable Systems, Inc., Thomas K. Barton and Madhu Ranganathan ("Defendants") and this Court's Order dated April 5, 2010, Defendants filed a motion to dismiss the Second Amended Complaint for Violations of the Federal Securities Laws ("Second Amended Complaint") on April 9, 2010; WHEREAS, Defendants scheduled the hearing for their motion to dismiss to be held June 3, 2010, at 2:00 p.m. in Courtroom 2; WHEREAS, under the parties' previously stipulated briefing schedule, the Court may have only eight days between the filing of Plaintiffs' reply to Defendants' motion to dismiss and the June 3, 2010, hearing date for the motion to dismiss; WHEREAS, by Order dated May 6, 2010, the Court vacated the Case Management Conference scheduled for May 11, 2010, and ordered the parties to meet and confer and stipulate to a new briefing schedule which will comply with Local Rule 7-3(c); WHEREAS, the parties have conferred and agree that: (i) Plaintiffs' shall file their opposition to Defendants' motion to dismiss no later than May 26, 2010; (ii) Defendants shall file their reply to Plaintiffs' opposition no later than June 17, 2010; and (iii) the hearing date for Defendants' motion to dismiss will be continued to July 1, 2010; NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully request that the Court enter an order, as follows: 1. Plaintiffs shall file their opposition to Defendants' motion to dismiss no

later than May 26, 2010. 2. than June 17, 2010. 3. The hearing on Defendants' motion to dismiss, which was previously Defendants shall file their reply to Lead Plaintiffs' opposition no later

scheduled for June 3, 2010, shall be continued to July 1, 2010, at 2:00 p.m. in Courtroom 2. 4. The Case Management Conference previously scheduled for May 11,

No. C-09-0222-CW
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING THE BRIEFING SCHEDULE AND HEARING ON DEFENDANTS' MOTION TO DISMISS AND CONTINUATION OF THE CASE MANAGEMENT CONFERENCE

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2010, shall be continued and will be held on the same date -- July 1, 2010, at 2:00 p.m. in Courtroom 2 -- as the hearing on the motion to dismiss.

IT IS SO STIPULATED.

Dated: May 10, 2010

GLANCY BINKOW & GOLDBERG LLP By: /s/ Michael Goldberg Michael Goldberg (SB#188669) 1801 Ave. of the Stars, Suite 311 Los Angeles, CA, 90067 Tel: [phone] Fax: [phone] E-mail: [e-mail] Lead Counsel for Plaintiffs and the Class

O'MELVENY & MYERS LLP

Dated: May 10, 2010

By: /s/ Pete Snow Pete Snow Meredith N. Landy Attorneys for Defendants Rackable Systems, Inc., Thomas K. Barton and Madhu Ranganathan

I, Michael Goldberg, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding the Filing and Briefing of Plaintiffs' Supplemental Second Amended Complaint. In compliance with General Order 45, X.B., I hereby attest that Meredith N. Landy has concurred in this filing.

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING THE BRIEFING SCHEDULE AND HEARING ON DEFENDANTS' MOTION TO DISMISS AND CONTINUATION OF THE CASE MANAGEMENT CONFERENCE

By: /s/ Michael Goldberg_____ Michael Goldberg

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING THE BRIEFING SCHEDULE AND HEARING ON DEFENDANTS' MOTION TO DISMISS AND CONTINUATION OF THE CASE MANAGEMENT CONFERENCE

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

May 12 DATED: __________, 2010 The Honorable Claudia Wilken United States District Judge

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