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

Filing 87

ORDER re 86 Granting Stipulation EXTENDING DEFENDANTS' TIME TO FILE REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS. Signed by Judge Claudia Wilken on 04/23/2010. (ndr, COURT STAFF) (Filed on 4/23/2010)

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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 EXTENDING DEFENDANTS' TIME TO FILE REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS

STIPULATION AND [PROPOSED] ORDER EXTENDING DEFS' TIME TO FILE REPLY MEMO

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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, Defendants' reply memorandum in support of their motion to dismiss is due to be filed on April 22, 2010; WHEREAS, Defendants have requested, and plaintiffs have agreed to, a one-week extension of time until April 29, 2010 for Defendants to file their reply memorandum, subject to the approval of the Court; WHEREAS, pursuant to stipulation of the parties, the parties recently requested that the hearing on Defendants' motion to dismiss be continued in light of the parties' agreement to schedule a private mediation, and on April 20, 2010, the Court entered an order granting the request and continuing the hearing until August 12, 2010 at 2:00 p.m.; WHEREAS, the requested extension for Defendants' reply memorandum will not affect the August 12, 2010 hearing date or the parties' planned mediation; WHEREAS, the requested extension is not for the purpose of delay 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 the reply memorandum in support of Defendants' motion to

dismiss on or before April 29, 2010.

STIPULATION AND [PROPOSED] ORDER EXTENDING DEFS' TIME TO FILE REPLY MEMO

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Dated: April 21, 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 21, 2010

ROBBINS GELLER RUDMAN & DOWD

By: /s/ Daniel J. Pfefferbaum DANIEL J. PFEFFERBAUM 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.

Dated: 4/23/2010

The Honorable Claudia Wilken United States District Judge

STIPULATION AND [PROPOSED] ORDER EXTENDING DEFS' TIME TO FILE REPLY MEMO

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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 EXTENDING DEFENDANTS' TIME TO FILE REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS. In compliance with General Order 45, I hereby attest that Daniel Pfefferbaum 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 21st 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 EXTENDING DEFS' TIME TO FILE REPLY MEMO

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