Dull v. Rackable Systems Inc. et al

Filing 8

ORDER re 7 GRANTING AS MODIFIED STIPULATION REGARDING SCHEDULING AND RELATED MATTERS. Initial Case Management Conference set for 10/20/2009 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 3/13/09. (scc, COURT STAFF) (Filed on 3/13/2009)

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MEREDITH N. LANDY (S.B. #136489) DHAIVAT H. SHAH (S.B. #196382) 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] [e-mail] Attorneys for Defendants Rackable Systems, Inc., Thomas K. Barton and Madhu Ranganathan

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION GERALD DULL, Individually and on Behalf ) of All Others Similarly Situated, ) ) Plaintiff, ) ) v. ) ) RACKABLE SYSTEMS, INC., THOMAS ) K. BARTON, and MADHU ) RANGANATHAN, ) ) Defendants. ) ) ) Case No. C-09-0222-CW CLASS ACTION STIPULATION AND ORDER REGARDING SCHEDULING AND RELATED MATTERS AS MODIFIED

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

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Pursuant to Federal Rules of Civil Procedure 16 and 42, Civil L.R. 23-1(b), and the Manual for Complex Litigation, Fourth §§ 11.12, 11.21 and 31 (2004), the parties stipulate, and the Court hereby orders, as follows: CONSOLIDATION OF RELATED CASES AND ALL FUTURE RELATED CASES 1. All related actions that are currently or subsequently filed in, or transferred to, this

District shall be consolidated into this action for pretrial purposes. This Order shall apply to every such related action, absent order of the Court. A party that objects to such consolidation, or to any other provision of this Order, must file an application for relief from this Order within thirty (30) days after the date on which a copy of the order is mailed to the party's counsel. 2. 3. As of this date, no related actions have been filed in this District. This Order is entered without prejudice to the rights of any party to apply for

severance of any claim or action, for good cause shown. MASTER DOCKET AND CAPTION 4. for this action. 5. Every pleading in this proceeding shall bear the following caption: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA IN RE RACKABLE SYSTEMS, INC. SECURITIES LITIGATION THIS DOCUMENT RELATES TO: ) ) ) ) ) ) Case No. C-09-0222-CW CLASS ACTION The docket in Civil Action No. C-09-0222-CW shall constitute the Master Docket

6.

The file in Civil Action No. C-09-0222-CW shall constitute a Master File for any

and all actions consolidated into this action. When a pleading is intended to be applicable to all actions to which this Order is applicable, the phrase "All Actions" shall appear immediately after the words "This Document Relates To:" in the caption set out above. When a pleading is intended to be applicable only to some, but not all, of such actions, the document shall list, immediately after the phrase "This Document Relates To:", the docket number for each -1STIPULATION AND [PROPOSED] ORDER CASE NO. C-09-0222-CW

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individual action to which the document applies, along with the last name of the first-listed plaintiff in any such action. 7. The parties shall file a Notice of Related Cases pursuant to Civil L.R. 3-12

whenever a case that should be consolidated into this action is filed in, or transferred to, this District. If the Court determines that the case is related, the clerk shall: a. b. c. case; and d. Make the appropriate entry in the Master Docket. LEAD PLAINTIFF'S COUNSEL 8. After the Court has designated a Lead Plaintiff and Lead Plaintiff's Counsel, Place a copy of this Order in the separate file for such action; Serve on plaintiff's counsel in the new case a copy of this Order; Direct that this Order be served upon any new defendant(s) in the new

pursuant to 15 U.S.C. § 78u-4(a)(3)(B)(v), Lead Plaintiff's Counsel shall have authority to speak for, and enter into agreements on behalf of, plaintiffs in all matters regarding pretrial procedures, discovery, and settlement negotiations. Lead Plaintiff's Counsel shall manage the prosecution of this litigation to avoid duplicative or unproductive activities. Lead Plaintiff's Counsel shall be responsible for coordination of all activities and appearances on behalf of plaintiffs and for dissemination of notices and orders. Lead Plaintiff's Counsel shall maintain a master service list of all parties and counsel. 9. Defendants' counsel may rely upon agreements made with Lead Plaintiff's

Counsel. Such agreements shall be binding on all plaintiffs. Service on Lead Plaintiff's Counsel shall constitute service on all plaintiffs. PLEADINGS AND MOTIONS 10. Defendants are not required to respond to the complaint in this action or any action

consolidated into this action, other than a consolidated complaint or a complaint designated as the operative complaint by Lead Plaintiff's Counsel. Defendants have authorized their respective counsel to accept service of the initial complaints, but acceptance of service will not constitute a waiver of any defenses. -2STIPULATION AND [PROPOSED] ORDER CASE NO. C-09-0222-CW

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11.

Lead Plaintiff shall file a consolidated complaint within sixty (60) days of the

entry of an order appointing Lead Plaintiff and Lead Counsel in this consolidated action, unless otherwise agreed upon by the parties. The consolidated complaint shall supersede all existing complaints filed in this consolidated action. 12. Defendants shall respond to the consolidated complaint within forty-five (45) days

after service (or, in the event that Lead Plaintiff's Counsel designates an existing complaint as the operative complaint, within forty-five (45) days after service of written notice of such designation), unless otherwise agreed upon by the parties. If defendants file any motions directed at the operative complaint, the opposition brief shall be filed within thirty (30) days of that motion, with the reply brief filed thirty (30) days thereafter, unless otherwise agreed upon by the parties. 13. Counsel for the parties shall notify their clients of their document preservation

obligations pursuant to federal securities laws and the Local Rules. INITIAL CASE MANAGEMENT CONFERENCE 14. The Initial Case Management Conference scheduled for April 21, 2009, is hereby

taken off calendar to permit the parties to comply with the requirements of the Private Securities Litigation Reform Act of 1995. 15. Subject to the Court's rescheduling of the Initial Case Management Conference,

the parties are not required to complete the procedures required in connection with the Initial Case Management Conference, including exchanging initial disclosures and filing a Rule 26(f) Report and Joint Case Management Conference Statement. REMOVAL OF CASE FROM ADR MULTI-OPTION PROGRAM 16. This case is hereby removed from the Alternative Dispute Resolution ("ADR")

Multi-Option Program pursuant to ADR L.R. 3-3(c) because the parties do not believe, at this time, that the ADR Multi-Option Program will facilitate resolution of the matter. 17. 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. -3STIPULATION AND [PROPOSED] ORDER CASE NO. C-09-0222-CW

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O'MELVENY & MYERS LLP

Dated: March 11, 2009

By:

/s/ Meredith N. Landy

Attorneys for Defendants Rackable Systems, Inc., Thomas K. Barton and Madhu Ranganathan GLANCY BINKOW & GOLDBERG LLP

Dated: March 11, 2009

By:

/s/ Lionel Z. Glancy Michael Goldberg

Attorneys for Plaintiff Gerald Dull

I, Meredith N. Landy, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Scheduling and Related 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, EXCEPT THAT A CASE MANAGEMENT CONFERENCE WILL BE HELD ON OCTOBER 20, 2009, AT 2:00 P.M., IF NO OTHER DATES HAVE PREVIOUSLY BEEN SET. 3/13 DATED: _________________, 2009 The Honorable Claudia Wilken United States District Judge

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