Dull v. Rackable Systems Inc. et al

Filing 77

ORDER re 75 Stipulation REMOVING CASE FROM AUTOMATIC REFERRAL TO THE ADR MULTI-OPTION PROGRAM PURSUANT TO ADR LOCAL RULE 3-3(C). Signed by Judge Claudia Wilken on 7/12/2010. (ndr, COURT STAFF) (Filed on 7/12/2010)

Dull v. Rackable Systems Inc. et al

Doc. 77

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

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 REMOVING CASE FROM AUTOMATIC REFERRAL TO THE ADR MULTI-OPTION PROGRAM PURSUANT TO ADR LOCAL RULE 33(c)

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WHEREAS, the hearing on defendants' Motion to Dismiss the Supplemental Second Amended Complaint For Violations of the Federal Securities Laws ("Motion to Dismiss") is scheduled for July 15, 2010 at 2 p.m.; WHEREAS, the Court has scheduled a Case Management Conference to take place immediately following the July 15, 2010 hearing on the Motion to Dismiss; WHEREAS, on June 29, 2010, the Court Clerk issued a Notice Re: Noncompliance With Court Order (the "Notice") directing the parties' counsel to meet and confer "in an attempt to agree on an ADR process for this matter. Thereafter, counsel, on behalf of themselves and each party, promptly shall file an ADR Certification and either 1) a Stipulation and [Proposed] Order Selecting ADR Process, or 2) a Notice of Need for ADR Phone Conference;" WHEREAS, the undersigned parties and their counsel have met and conferred as directed by the Clerk's Notice and filed their respective ADR Certifications pursuant to Civil L.R. 16-8(b) and ADR L.R. 3-5 (b); WHEREAS, the undersigned parties agree that the case should be removed from the ADR Multi-Option program pursuant to ADR L.R. 3-3(c) because the undersigned parties do not believe, at this time, that the Multi-Option program will facilitate resolution of the matter; WHEREAS, the parties will discuss ADR options as appropriate on an ongoing basis over the course of this litigation, and in the event that the parties elect to pursue ADR options, will contact the Court to provide updates and/or seek guidance as such efforts proceed; NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully request that the Court enter an order that the case should be removed from the ADR Multi-Option program.

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

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O'MELVENY & MYERS LLP

Dated: July 12, 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: July 12, 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 STIPULATION IS DECLINED.

DATED: July 12, 2010

The Honorable Claudia Wilken United States District Judge