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

Filing 62

ORDER by Judge Claudia Wilken GRANTING 59 Stipulation Changing Time for Filing Lead Plaintiffs' Consolidated Complaint and Setting Briefing Schedule on Motion to Dismiss. Plaintiffs' Consolidated Complaint due 12/19/09; Defendants' M otion to Dismiss due 02/08/10; Lead Plaintiffs' Opposition due to Motion to Dismiss due 03/25/10; Defendants' Reply to Opposition due 04/15/10. Signed by Judge Claudia Wilken, on 12/10/09. (scc, COURT STAFF) (Filed on 12/10/2009) Modified on 12/11/2009 (jlm, 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 PLAINTIFFS' ) CONSOLIDATED COMPLAINT AND ALL ACTIONS. 20 ) SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS 21 22 23 24 25 26 27 28

1

WHEREAS, on October 30, 2009, the parties filed a stipulation (Dkt. No. 51) setting forth

2 proposed dates for the filing of plaintiffs' consolidated complaint and the briefing schedule on 3 motion to dismiss, as follows: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 · · · · Lead plaintiff shall file a consolidated complaint no later than December 10, 2009; Defendants shall file their motion to dismiss no later than February 1, 2010; Lead plaintiff shall file its opposition to the motion to dismiss no later than March 19, 2010; and Defendants shall file their reply no later than April 9, 2010.

WHEREAS, on November 2, 2009, this Court issued an order approving the above briefing schedule and modifying the stipulation with regard to the case management conference, which was continued to April 29, 2010 (Dkt. No. 52). WHEREAS, due to a scheduling conflict, plaintiffs have requested and defendants have agreed, subject to the approval of the Court, to change the time for plaintiffs to file their consolidated complaint and adjust the briefing schedule on the motion to dismiss, as follows: · · · · Lead plaintiff shall file a consolidated complaint no later than December 17, 2009; Defendants shall file their motion to dismiss no later than February 8, 2010; Lead plaintiff shall file its opposition to the motion to dismiss no later than March 25, 2010; and Defendants shall file their reply no later than April 15, 2010.

WHEREAS, the proposed schedule will not cause undue delay and will not change the April

20 29, 2010 case management conference date already established by the Court. 21 22 23 24 25 26 27 28 NOW THEREFORE, it is stipulated and agreed: 1. 2. Lead plaintiff shall file a consolidated complaint no later than December 17, 2009; Defendants shall file their motion to dismiss no later than February 8, 2010;

1

3.

Lead plaintiff shall file its opposition to the motion to dismiss no later than March 25,

2 2010; and 3 4. Defendants shall file their reply no later than April 15, 2010. COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS DANIEL J. PFEFFERBAUM

4 DATED: December 8, 2009 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: December 8, 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 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

1

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

2 Stipulation and [Proposed] Order Changing Time For Filing Lead Plaintiffs' Consolidated 3 Complaint and Setting Briefing Schedule On Motion to Dismiss. In compliance with General Order 4 No. 45, X.B., I hereby attest that Diane M. Walters 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 * * ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: _12/10/09________________________ ____________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE
C:\DOCUME~1\RebeccaB\LOCALS~1\Temp\b\MetaSave\STP00063476.doc

/s/ SHAWN A. WILLIAMS

*