Dull v. Rackable Systems Inc. et al

Filing 68

ORDER re 67 Granting Stipulation REGARDING SCHEDULING MATTERS (AS MODIFIED). Case Management Conference set for 7/15/2010 02:00 PM. Motion Hearing set for 7/15/2010 02:00 PM.. Signed by Judge Claudia Wilken on 6/18/2010. (ndr, COURT STAFF) (Filed on 6/18/2010)

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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 (AS MODIFIED)

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

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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, 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 would comply with Local Rule 7-3(c); WHEREAS, on May 12, 2010, pursuant to the parties' stipulation, the Court entered an order setting a new briefing schedule that complied with Local Rule 7-3(c); WHEREAS, the Court's May 12, 2010 order required Plaintiffs to file their opposition to Defendants' motion to dismiss no later than May 26, 2010, and Defendants to file their reply to Plaintiffs' opposition no later than June 17, 2010, and set the hearing on Defendants' motion to dismiss for July 1, 2010, at 2:00 p.m. in Courtroom 2; WHEREAS, pursuant to the Court's order, Plaintiffs filed their opposition to Defendants' motion to dismiss on May 26, 2010; WHEREAS, Peter T. Snow, one of the attorneys for Defendants, has been required to take an earlier-than-expected parental leave following the premature delivery of his daughter on May 30, 2010; WHEREAS, the parties have met and conferred regarding modification of the current briefing and hearing schedule in light of Mr. Snow's parental leave; 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 to Plaintiffs' Opposition no later than July 1, 2010.

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

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2.

The hearing on Defendants' motion to dismiss, which is currently scheduled for

July 1, 2010, shall be continued to July 15, 2010, at 2:00 p.m. in Courtroom 2. IT IS SO STIPULATED. O'MELVENY & MYERS LLP

Dated: June 18, 2010

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: June 18, 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. July 1st CMC is also continued to July 15th at 2 p.m.

DATED: June 18, 2010

The Honorable Claudia Wilken United States District Judge -2STIPULATION AND [PROPOSED] ORDER CASE NO. C-09-0222-CW