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

Filing 124

ORDER Granting 123 Stipulation REGARDING SETTLEMENT AND VACATING THE APRIL 7, 2011 HEARING AND CASE MANAGEMENT CONFERENCE. 104 MOTION to Dismiss is denied without prejudice. Signed by Judge Claudia Wilken on 4/5/2011. (ndr, COURT STAFF) (Filed on 4/5/2011)

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

Doc. 124

1 ROBBINS GELLER RUDMAN & DOWD LLP 2 SHAWN A. WILLIAMS (213113) DANIEL J. PFEFFERBAUM (248631) 3 Post Montgomery Center One Montgomery Street, Suite 1800 4 San Francisco, CA 94104 Telephone: [phone] (fax) [e-mail] 6 [e-mail] 7 LABATON SUCHAROW LLP CHRISTOPHER J. KELLER 8 JONATHAN GARDNER MARK GOLDMAN 9 140 Broadway, 34th Floor New York, NY 10005 10 Telephone: [phone] (fax) 11 [e-mail] [e-mail] 12 [e-mail] 13 Co-Lead Counsel for Plaintiffs 14 15 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) ) ) ) ) ) Master File No. 4:09-cv-03362-CW CLASS ACTION STIPULATION AND ORDER REGARDING SETTLEMENT AND VACATING THE APRIL 7, 2011 HEARING AND CASE MANAGEMENT CONFERENCE

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

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Dockets.Justia.com

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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 WHEREAS, defendants filed a motion to dismiss the FAC on October 14, 2010 and briefing

7 has been completed on this motion; 8 WHEREAS, on March 14, 2011, by stipulation, the Court continued the hearing on

9 defendants' motion to dismiss and the case management conference to April 7, 2011 at 2:00 p.m. to 10 allow the parties to continue working with the Honorable Edward Infante (Ret.) regarding a potential 11 resolution of this Action; 12 13 WHEREAS, the parties have now reached an agreement in principle to settle this Action; WHEREAS, counsel for plaintiffs and counsel for defendants are currently working together

14 on a Stipulation of Settlement to be submitted to the Court no later than April 28, 2011; 15 WHEREAS, the parties request that the Court set a hearing on preliminary approval of the

16 settlement for May 12, 2011, or as the motion will be unopposed, the Court may shorten this time at 17 the Court's convenience; 18 THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

19 undersigned, subject to Court approval, as follows: 20 1. The hearing on defendants' motion to dismiss, and the case management conference,

21 currently scheduled for April 7, 2011 shall be vacated. 22 2. Counsel for plaintiffs and counsel for defendants shall submit a Stipulation of

23 Settlement to the Court no later than April 28, 2011. 24 3. The Court shall schedule a hearing on preliminary approval of the settlement for May

25 12, 2011 or as soon as is convenient for the Court. 26 27 28
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IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.

STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT AND VACATING THE APRIL 7, 2011 HEARING AND CASE MANAGEMENT CONFERENCE - 4:09-cv-03362-CW

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1 DATED: March 31, 2011 2 3 4 5 6 7 8 9 10 11 12 13

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] (fax) LABATON SUCHAROW LLP CHRISTOPHER J. KELLER JONATHAN GARDNER MARK GOLDMAN 140 Broadway, 34th Floor New York, NY 10005 Telephone: [phone] (fax) Co-Lead Counsel for Plaintiffs

14 DATED: March 31, 2011 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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WILSON SONSINI GOODRICH & ROSATI, P.C. IGNACIO E. SALCEDA

s/ Ignacio E. Salceda IGNACIO E. SALCEDA 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] (fax) Attorneys for Defendants

STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT AND VACATING THE APRIL 7, 2011 HEARING AND CASE MANAGEMENT CONFERENCE - 4:09-cv-03362-CW

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I, Daniel J. Pfefferbaum, am the ECF User whose ID and password are being used to file this

2 Stipulation and [Proposed] Order Regarding Settlement And Vacating the April 7, 2011 Hearing 3 And Case Management Conference. In compliance with General Order No. 45, X.B., I hereby attest 4 that Ignacio E. Salceda 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
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s/ Daniel J. Pfefferbaum DANIEL J. PFEFFERBAUM

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* ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED, except that motion to dismiss is denied without prejudice. The Court is not available for a hearing on May 12 or 19.

4/5/2011 DATED: _________________________

____________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT AND VACATING THE APRIL 7, 2011 HEARING AND CASE MANAGEMENT CONFERENCE - 4:09-cv-03362-CW

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CERTIFICATE OF SERVICE I hereby certify that on March 31, 2011, I authorized the electronic filing of the foregoing

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to 4 the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I 5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on March 31, 2011. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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s/ Daniel J. Pfefferbaum DANIEL J. PFEFFERBAUM ROBBINS GELLER RUDMAN & DOWD LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: [phone] (fax) E-mail: [e-mail]