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

Filing 52

ORDER re 51 GRANTING AS MODIFIED STIPULATION Changing Time for Lead Plaintiff's Consolidated Complaint and Setting Briefing Schedule on Motion to Dismiss. Initial Case Management Conference set for 4/29/2010 02:00 PM.. Signed by Judge CLAUDIA WILKEN on 11/2/09. (scc, COURT STAFF) (Filed on 11/2/2009) Modified on 11/3/2009 (cp, COURT STAFF).

1 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 2 SHAWN A. WILLIAMS (213113) DANIEL J. PFEFFERBAUM (248631) 3 100 Pine Street, 26th Floor San Francisco, CA 94111 4 Telephone: [phone] (fax) 5 [e-mail] [e-mail] 6 LABATON SUCHAROW LLP 7 CHRISTOPHER J. KELLER JONATHAN GARDNER 8 MARK GOLDMAN 140 Broadway, 34th Floor 9 New York, NY 10005 Telephone: [phone] (fax) [e-mail] 11 [e-mail] [e-mail] 12 Co-Lead Counsel for Plaintiffs 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 OAKLAND DIVISION 16 In re ACCURAY INC. SECURITIES ) Master File No. 4:09-cv-03362-CW 17 LITIGATION ) ) CLASS ACTION 18 ) ) STIPULATION AND ORDER CHANGING This Document Relates To: 19 ) TIME FOR FILING LEAD PLAINTIFF'S ) CONSOLIDATED COMPLAINT AND ALL ACTIONS. 20 ) SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS AS MODIFIED 21 22 23 24 25 26 27 28

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WHEREAS, on September 21, 2009, multiple lead plaintiff movants filed motions to

2 consolidate and motions for the appointment of lead plaintiff and their respective selections of lead 3 counsel (Dkt. Nos. 10, 19, 21); 4 WHEREAS, on September 22, 2009, plaintiffs that filed complaints and defendants filed a

5 Stipulation and [Proposed] Order Regarding Consolidation of Securities Class Actions and Schedule 6 (Dkt. No. 29); 7 WHEREAS, on October 7, 2009, the Court entered a Stipulation and Order Regarding

8 Consolidation of Securities Class Actions and Schedule ("October 7, 2009 Order") (Dkt. No. 42); 9 WHEREAS, the October 7, 2009 Order set a schedule requiring lead plaintiff to file a

10 consolidated complaint 60 days after a court order appointing lead plaintiff (id. at 3) and defendants 11 to file responsive papers 60 days thereafter (id.); 12 WHEREAS, on October 26, 2009, the Court issued an Order Consolidating Cases,

13 Appointing the Accuray Investor Group as Lead Plaintiff, and Approving Lead Plaintiff's Selection 14 of Counsel ("October 26, 2009 Order") (Dkt. No. 48); 15 WHEREAS, the October 26, 2009 Order set forth a schedule for the filing of lead plaintiff's

16 consolidated complaint 20 days after the October 26, 2009 Order, and the filing of defendants' 17 response or answer 20 days after the filing of a consolidated complaint; 18 WHEREAS, because the October 7, 2009 Order and the October 26, 2009 Order appear

19 inconsistent with respect to scheduling the filing of the consolidated complaint, and in light of 20 upcoming holiday schedules, the parties have met and conferred and agreed to extend the dates for 21 filing of the consolidated complaint and the parties' respective responsive papers; 22 WHEREAS, the parties have agreed, subject to the approval of the Court, that lead plaintiff's

23 consolidated complaint shall be filed no later than December 10, 2009, defendants' response shall be 24 filed no later than February 1, 2010, lead plaintiff's opposition to the motion to dismiss shall be filed 25 no later than March 19, 2010 and defendants' reply shall be filed no later than April 9, 2010. 26 WHEREAS, the proposed schedule will not cause undue delay and will not change the

27 April 13, 2010 case management conference previously set by the Court. 28
STIP & [PROPOSED] ORDER CHANGING TIME FOR FILING LEAD PLTF'S CONSOLIDATED COMPLAINT & SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS - 4:09-cv-03362-CW

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NOW THEREFORE, it is stipulated and agreed: 1. 2. 3. Lead plaintiff shall file a consolidated complaint no later than December 10, 2009; Defendants shall file their responsive pleading no later than February 1, 2010; Lead plaintiff shall file its opposition to the motion to dismiss no later than March 19,

5 2010; and 6 4. Defendants shall file their reply no later than April 9, 2010. COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS DANIEL J. PFEFFERBAUM

7 DATED: October 30, 2009 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: October 30, 2009

/s/ SHAWN A. WILLIAMS 100 Pine Street, 26th Floor San Francisco, CA 94111 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 WILSON SONSINI GOODRICH & ROSATI Professional Corporation BORIS FELDMAN IGNACIO E. SALCEDA DIANE M. WALTERS MOLLY ARICO

/ s/ DIANE M. WALTERS

STIP & [PROPOSED] ORDER CHANGING TIME FOR FILING LEAD PLTF'S CONSOLIDATED COMPLAINT & SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS - 4:09-cv-03362-CW

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650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] (fax) Attorneys for Defendants Accuray Incorporated, Euan S. Thomson, Robert E. McNamara, Wade B. Hampton, Ted Tu, Wayne Wu, John R. Adler, Jr., and Robert S. Weiss

I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this

8 Stipulation and [Proposed] Order Changing Time for Filing Lead Plaintiff's Consolidated Complaint 9 and Setting Briefing Schedule on Motion to Dismiss. In compliance with General Order No. 45, 10 X.B., I hereby attest that Diane M. Walters has concurred in this filing. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIP & [PROPOSED] ORDER CHANGING TIME FOR FILING LEAD PLTF'S CONSOLIDATED COMPLAINT & SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS - 4:09-cv-03362-CW

/s/ SHAWN A. WILLIAMS

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* ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED, EXCEPT THE CASE MANAGEMENT CONFERENCE IS CONTINUED TO 4/29/10 AT 2:00 P.M.

DATED: _11/2/09________________________ ____________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE
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CERTIFICATE OF SERVICE I hereby certify that on October 30, 2009, I electronically filed the foregoing with the Clerk

3 of the Court using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have 5 mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF 6 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 October 30, 2009. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ SHAWN A. WILLIAMS COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: [phone] (fax) E-mail:[e-mail]