City of Ann Arbor Employees' Retirement System v. Accuray Incorporated et al

Filing 121

ORDER Granting 120 Stipulation REGARDING CONTINUANCE OF MARCH 17, 2011 HEARING AND CASE MANAGEMENT CONFERENCE. 104 MOTION to Dismiss. Motion Hearing set for 4/7/2011 02:00 PM before Hon. Claudia Wilken. Case Management Statement due by 3/31/2011. Further Case Management Conference set for 4/7/2011 02:00 PM. Signed by Judge Claudia Wilken on 3/14/2011. (ndr, COURT STAFF) (Filed on 3/14/2011)

1 BORIS FELDMAN, State Bar No. 128838 Email: [e-mail] 2 IGNACIO E. SALCEDA, State Bar No. 164017 Email: [e-mail] 3 DIANE M. WALTERS, State Bar No. 148136 Email: [e-mail] 4 DOMINIQUE-CHANTALE ALEPIN, State Bar No. 241648 Email: [e-mail] 5 BRYAN J. KETROSER, State Bar No. 239105 Email: [e-mail] 6 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 7 650 Page Mill Road Palo Alto, CA 94304-1050 8 Telephone: [phone] Facsimile: [phone] 9 10 Attorneys for Defendants 11 12 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) ) ) ) ) ) Master File No. 4:09-cv-03362-CW CLASS ACTION STIPULATION AND ORDER REGARDING CONTINUANCE OF MARCH 17, 2011 HEARING AND CASE MANAGEMENT CONFERENCE

15 In re ACCURAY INC. SECURITIES LITIGATION 16 17 This Document Relates To: 18 19 20 21 22 23 24 25 26 27 28 ALL ACTIONS.

STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF HEARING & CMC MASTER FILE NO. 4:09-cv-03362-CW

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WHEREAS, on August 31, 2010, this Court dismissed plaintiffs' [Corrected] Consolidated

2 Class Action Complaint for Violations of the Federal Securities Laws in the above-captioned action 3 (the "Action"), with leave to amend; 4 WHEREAS, on October 4, 2010, plaintiffs filed their [Corrected] First Amended Class

5 Action Complaint for Violations of the Federal Securities Laws (the "FAC"); 6 7 8 2010; 9 10 11 2010; 12 13 WHEREAS, by notice of this Court, the hearing was rescheduled to January 20, 2011; WHEREAS, on January 4, 2011, the parties submitted a joint stipulation requesting that the WHEREAS, defendants filed their reply on November 4, 2010; WHERAS, defendants' motion was scheduled to be heard by the Court on November 18, WHEREAS, defendants filed a motion to dismiss the FAC on October 14, 2010; WHEREAS, plaintiffs filed their opposition to defendants' motion to dismiss on October 28,

14 hearing be continued to February 17, 2011, and on January 6, 2011, the Court so ordered; 15 WHEREAS, on February 9, 2011, the parties submitted a joint stipulation requesting that the

16 hearing be continued to March 17, 2011, and on February 11, 2011, the Court so ordered; 17 WHEREAS, the parties' settlement discussions remain ongoing, and the parties have

18 continued to work with the Honorable Edward Infante (Ret.) regarding a potential resolution of this 19 matter; 20 WHEREAS, in order to facilitate settlement efforts and conserve expenses and judicial

21 resources, the parties have met and conferred and agreed, subject to Court approval, to a brief 22 continuance of the March 17, 2011 hearing and case management conference; 23 WHEREAS, the parties respectfully request that the March 17, 2011 hearing and case

24 management conference be rescheduled to April 7, 2011, or such a date thereafter that is convenient 25 for the Court; 26 WHEREAS, the requested continuance is not for the purpose of delay, promotes judicial

27 efficacy and will not prejudice any party; 28
STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF HEARING & CMC MASTER FILE NO. 4:09-cv-03362-CW

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

2 undersigned, subject to Court approval, as follows: 3 The March 17, 2011 hearing regarding defendants' motion to dismiss, and March 17, 2011

4 case management conference, shall be taken off calendar and rescheduled to April 7, 2011, or such a 5 date thereafter that is convenient for the Court. 6 DATED: March 14, 2011 7 8 9 10 11 12 13 14 15 16 17 18 Co-Lead Counsel for Plaintiffs 19 20 DATED: March 14, 2011 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF HEARING & CMC MASTER FILE NO. 4:09-cv-03362-CW

ROBBINS GELLER RUDMAN & DOWD LLP SHAWN A. WILLIAMS DANIEL J. PFEFFERBAUM

/s/ DANIEL J. PFEFFERBAUM DANIEL J. PFEFFERBAUM Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: [phone] Facsimile: 415/288-4534 LABATON SUCHAROW LLP CHRISTOPHER J. KELLER JONATHAN GARDNER MARK GOLDMAN 140 Broadway, 34th Floor New York, NY 10005 Telephone: [phone] Facsimile: 212/818-0477

WILSON SONSINI GOODRICH & ROSATI, P.C IGNACIO E. SALCEDA DIANE M. WALTERS

/s/ IGNACIO E. SALCEDA IGNACIO E. SALCEDA 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: 650/565-5100 Attorneys for Defendants

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

3/14/2011 5 DATED: _________________________ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

____________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF HEARING & CMC MASTER FILE NO. 4:09-cv-03362-CW

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I, Ignacio E. Salceda, am the ECF User whose ID and password are being used to file this

2 Stipulation and [Proposed] Order Regarding Continuance of March 17, 2011 Hearing and Case 3 Management Conference. In compliance with General Order No. 45, X.B., I hereby attest that 4 Daniel J. Pfefferbaum has concurred in this filing. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF HEARING & CMC MASTER FILE NO. 4:09-cv-03362-CW

/s/ IGNACIO E. SALCEDA IGNACIO E. SALCEDA

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