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

Filing 80

ORDER re 78 granting STIPULATION Changing Time for Filing Lead Plaintiff's Opposition to the Motion to Dismiss and Hearing Schedule Initial Case Management Conference set for 5/6/2010 02:00 PM. Motion Hearing set for 5/6/2010 02:00 PM.. Signed by Judge Claudia Wilken on 3/26/2010. (scc, COURT STAFF) (Filed on 3/26/2010)

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 [PROPOSED] ORDER This Document Relates To: 19 ) CHANGING TIME FOR FILING LEAD ) PLAINTIFF'S OPPOSITION TO THE ALL ACTIONS. 20 ) MOTION TO DISMISS AND HEARING SCHEDULE 21 22 23 24 25 26 27 28

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WHEREAS, this Court's Order Setting Hearing on Motion, dated February 10, 2010 (Dkt.

2 No. 76) established a briefing schedule and hearing date on Defendants' Notice of Motion and 3 Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof, dated February 8, 4 2010 ("Motion to Dismiss") (Dkt. No. 72), as follows: 5 6 7 8 9 · · · Lead plaintiff shall file its opposition to defendants' Motion to Dismiss no later than March 25, 2010; Defendants shall file their reply brief no later than April 15, 2010; and Hearing on defendants' Motion to Dismiss to be held on April 29, 2010 at 2:00 p.m.

WHEREAS, due to the number and complexity of issues presented in this case, lead plaintiff

10 has requested and defendants have agreed, subject to the approval of the Court, to adjust the briefing 11 schedule and hearing date on defendants' Motion to Dismiss by one week, as follows: 12 13 14 15 16 17 · · · Lead plaintiff shall file its opposition to defendants' Motion to Dismiss no later than April 1, 2010; Defendants shall file their reply brief no later than April 22, 2010; and Hearing on defendants' Motion to Dismiss to be held on May 6, 2010 at 2:00 p.m.

NOW THEREFORE, it is stipulated and agreed: 1. Lead plaintiff shall file its opposition to defendants' Motion to Dismiss no later than

18 April 1, 2010; 19 20 2. 3. Defendants shall file their reply brief no later than April 22, 2010; and Hearing on defendants' Motion to Dismiss to be held on May 6, 2010 at 2:00 p.m. COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS DANIEL J. PFEFFERBAUM

21 DATED: March 24, 2010 22 23 24 25 26 27 28
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/s/ SHAWN A. WILLIAMS 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: [phone] (fax)
STIPULATION & [PROPOSED] ORDER CHANGING TIME FOR FILING LEAD PLAINTIFF'S OPPOSITION TO THE MOTION TO DISMISS & HEARING SCHEDULE - 4:09-cv-03362-CW

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1 2 3 4 5 6 7 DATED: March 24, 2010 8 9 10 11 12 13 14 15 16 17 18

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 A. ARICO

/s/ BORIS FELDMAN 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

19 Stipulation and [Proposed] Order Changing Time for Filing Lead Plaintiffs' Consolidated Complaint 20 and Setting Briefing Schedule on Motion to Dismiss and Hearing Schedule. In compliance with 21 General Order No. 45, X.B., I hereby attest that Boris Feldman has concurred in this filing. 22 23 24 25 26 27 28
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/s/ SHAWN A. WILLIAMS

STIPULATION & [PROPOSED] ORDER CHANGING TIME FOR FILING LEAD PLAINTIFF'S OPPOSITION TO THE MOTION TO DISMISS & HEARING SCHEDULE - 4:09-cv-03362-CW

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* ORDER

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IT IS SO ORDERED. THE CASE MANAGEMENT CONFERENCE IS ALSO

4 CONTINUED TO MAY 6, 2010, AT 2:00 P.M. 5 3/26/2010 6 DATED: _________________________ 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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____________________________________ THE HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

STIPULATION & [PROPOSED] ORDER CHANGING TIME FOR FILING LEAD PLAINTIFF'S OPPOSITION TO THE MOTION TO DISMISS & HEARING SCHEDULE - 4:09-cv-03362-CW

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CERTIFICATE OF SERVICE I hereby certify that on March 24, 2010, I electronically filed the foregoing with the Clerk of

3 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 March 24, 2010. 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/ 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]