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

Filing 85

ORDER re 84 Granting Stipulation REGARDING CONTINUANCE OF MAY 6, 2010 HEARING AND CASE MANAGEMENT CONFERENCE. Case Management Conference set for 8/12/2010 02:00 PM. Motion Hearing set for 8/12/2010 02:00 PM.Signed by Judge Claudia Wilken on 04/20/2010. (scc, COURT STAFF) (Filed on 4/20/2010)

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BORIS FELDMAN, State Bar No. 128838 [e-mail] IGNACIO E. SALCEDA, State Bar No. 164017 [e-mail] DIANE M. WALTERS, State Bar No. 148136 [e-mail] DOMINIQUE-CHANTALE ALEPIN, State Bar No. 241648 [e-mail] BRYAN J. KETROSER, State Bar No. 239105 [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Accuray Inc., Euan S. Thomson, Robert E. McNamara, Wade B. Hampton, Ted Tu, Wayne Wu, John R. Adler, Jr., and Robert S. Weiss

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

In re ACCURAY INC. SECURITIES LITIGATION This Document Relates To: ALL ACTIONS.

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CASE NO.: Master File No. 09-cv03362-CW CLASS ACTION STIPULATION AND ORDER REGARDING CONTINUANCE OF MAY 6, 2010 HEARING AND CASE MANAGEMENT CONFERENCE - AS MODIFIED

STIPULATION AND [PROPOSED] ORDER RE CONTINUANCE OF HEARING & CMC

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WHEREAS, Defendants filed a motion to dismiss plaintiffs' [Corrected] Consolidated Class Action Complaint for Violations of the Federal Securities Laws (the "Complaint") in the above-captioned action (the "Action") on February 8, 2010; WHEREAS, Plaintiffs filed their opposition to Defendants' motion to dismiss on April 1,

WHEREAS, pursuant to the Court's March 26, 2010 Order, Defendants' reply memorandum in support of Defendants' motion to dismiss is due to be filed on April 22, 2010 and will be filed on that date; WHEREAS, pursuant to the Court's March 26, 2010 Order, the hearing regarding Defendants' motion to dismiss is currently set for May 6, 2010 (the "May 6, 2010 Hearing") and a Case Management Conference is also set for May 6, 2010; WHEREAS, the parties have agreed to schedule a private mediation to explore the possibility of a resolution of the Action; WHEREAS, the parties will endeavor to schedule the mediation promptly; WHEREAS, in light of the foregoing, the parties would like to avoid unnecessary litigation expenses and conserve judicial resources and have thus agreed, subject to Court approval, to continue the May 6, 2010 Hearing and Case Management Conference; WHEREAS, the parties respectfully request that the May 6, 2010 Hearing and Case Management Conference be taken off calendar and re-set for a date convenient for the Court that is at least ninety (90) days from May 6, 2010; WHEREAS, the requested continuance is not for the purpose of delay, promotes judicial efficiency and will not prejudice any party; THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, subject to Court approval, as follows: 1. Defendants shall file their reply memorandum on April 22, 2010 as set forth in the

Court's March 26, 2010 Order; 2. The May 6, 2010 Hearing regarding Defendants' motion to dismiss and May 6,

2010 Case Management Conference shall be taken off calendar and re-set for a date convenient
STIPULATION AND [PROPOSED] ORDER RE CONTINUANCE OF HEARING & CMC

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for the Court that is at least ninety (90) days from the May 6, 2010 Hearing. Dated: April 16, 2010 WILSON SONSINI GOODRICH & ROSATI Professional Corporation

By: /s/ Ignacio E. Salceda IGNACIO E. SALCEDA 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Dated: April 16, 2010 ROBBINS GELLER RUDMAN & DOWD

By: /s/ Shawn A. Williams SHAWN A. WILLIAMS 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] LABATON SUCHAROW LLP CHRISTOPHER J. KELLER JONATHAN GARDNER MARK GOLDMAN 140 Broadway, 34th Floor New York, NY 10005 Telephone: [phone] Facsimile: [phone] Co-Lead Counsel for Plaintiffs *** ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. THE MOTION HEARING AND CASE MANAGEMENT CONFERENCE ARE CONTINUED TO 8/12/2010 AT 2:00 P.M.

Dated: 4/20/2010
STIPULATION AND [PROPOSED] ORDER RE CONTINUANCE OF HEARING & CMC

The Honorable Claudia Wilken United States District Judge -2-

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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Ignacio E. Salceda, am the ECF user whose identification and password are being used to file the STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF MAY 6, 2010 HEARING AND CASE MANAGEMENT CONFERENCE. In compliance with General Order 45, I hereby attest that Shawn Williams has concurred in this filing. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 16th day of April, 2010 at Palo Alto, California.

By:

/s/ Ignacio E. Salceda IGNACIO E. SALCEDA

Attorneys for Defendants Accuray Inc., Euan S. Thomson, Robert E. McNamara, Wade B. Hampton, Ted Tu, Wayne Wu, John R. Adler, Jr., and Robert S. Weiss

STIPULATION AND [PROPOSED] ORDER RE CONTINUANCE OF HEARING & CMC

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