Beebe v. Thomson et al

Filing 24

ORDER re 23 GRANTING AS MODIFIED STIPULATION Modifying the Briefing Schedule on Defendants' Motion to Dismiss and Motion to Stay. Signed by Judge CLAUDIA WILKEN on 1/11/10. (scc, COURT STAFF) (Filed on 1/11/2010)

1 ROBBINS UMEDA LLP MARC M. UMEDA (197847) 2 [e-mail] KEVIN A. SEELY (199982) 3 [e-mail] DANIEL R. FORDE (248461) 4 [e-mail] 600 B Street, Suite 1900 5 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] 7 JOHNSON BOTTINI, LLP FRANK J. JOHNSON (174882) 8 [e-mail] FRANCIS A. BOTTINI, JR. (175783) 9 [e-mail] 10 DEREK J. WILSON (250309) [e-mail] 11 501 West Broadway, Suite 1720 San Diego, CA 92101 12 Telephone: [phone] Facsimile: [phone] 13 KENDALL LAW GROUP, LLP 14 HAMILTON P. LINDLEY [e-mail] 15 3232 McKinney, Suite. 700 Dallas, TX 75204 16 Telephone: [phone] Facsimile: [phone] 17 Co-Lead Counsel for Plaintiffs 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION 20 21 IN RE ACCURAY, INC. SHAREHOLDER DERIVATIVE LITIGATION 22 23 This Document Relates To: 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE ON DS' MOTION TO DISMISS AND MOTION TO STAY LEAD CASE NO. C 09 05580 CW

ALL ACTIONS

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Lead Case No. C 09 05580 CW STIPULATION AND ORDER MODIFYING THE BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS AND MOTION TO STAY AS MODIFIED

1

WHEREAS, there are presently three related shareholder derivative actions against certain of

2 the officers and directors of Accuray, Inc. on file in this Court; 3 WHEREAS, on December 23, 2009, the Court entered an order consolidating the three

4 derivative actions, setting a briefing schedule, and setting a hearing for the motions on April 29, 5 2010; 6 7 8 9 10 WHEREAS, the current briefing schedule on defendants' anticipated motions is as follows: · · · Defendants shall file their motions by January 14, 2010; Plaintiffs shall file their oppositions to the motions by January 28, 2010; and Defendants shall file their replies by February 4, 2010;

WHEREAS, without affecting the April 29 hearing date set by the Court, the parties desire to

11 extend the briefing on the motions as follows: 12 13 14 15 16 · · · Defendants shall file their motions by February 5, 2010; Plaintiffs shall file their oppositions to the motions by March 19, 2010; and Defendants shall file their replies by April 8, 2010.

WHEREAS, the April 29, 2010 hearing date will remain unchanged; NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by plaintiffs and

17 defendants, through their respective counsel of record, as follows: 18 19 20 1. 2. 3. Defendants shall file their motions by February 5, 2010; Plaintiffs shall file their oppositions to the motions by March 19, 2010; and Defendants shall file their replies by April 8, 2010. ROBBINS UMEDA LLP MARC M UMEDA KEVIN A. SEELY DANIEL R. FORDE s/Marc M. Umeda MARC M. UMEDA 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] -1STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE ON DS' MOTION TO DISMISS AND MOTION TO STAY LEAD CASE NO. C 09 05580 CW

21 DATED: January 7, 2010 22 23 24 25 26 27 28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 DATED: January 7, 2010

JOHNSON BOTTINI, LLP FRANK J. JOHNSON FRANCIS A. BOTTINI, JR. DEREK J. WILSON 501 West Broadway, Suite 1720 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] KENDALL LAW GROUP, LLP HAMILTON P. LINDLEY 3232 McKinney, Ste. 700 Dallas, TX 75204 Telephone: [phone] Facsimile: [phone] Co-Lead Counsel for Plaintiffs WILSON SONSINI GOODRICH & ROSATI, P.C. IGNACIO E. SALCEDA s/Ignacio E. Salceda IGNACIO E. SALCEDA 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] Counsel for nominal defendant Accuray, Inc. and individual defendants Euan S. Thomson, Wayne Wu, Li Yu, Robert S. Weiss, Elizabeth Davila, John P. Wareham, Robert E. McNamara, John R. Adler, Jr., I, Marc M. Umeda, am the ECF User whose ID and password are being used to file this

22 Stipulation and [Proposed] Order Modifying the Briefing Schedule on Defendants' Motion to 23 Dismiss and Motion to Stay. In compliance with General Order No. 45, X.B., I hereby attest that 24 Ignacio E. Salceda has concurred in this filing. 25 26 27 28 -2STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE ON DS' MOTION TO DISMISS AND MOTION TO STAY LEAD CASE NO. C 09 05580 CW

s/ Marc M. Umeda MARC M. UMEDA

1 2

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED, except that Defendants shall file

3 a single consolidated motion, Plaintiffs a single consolidated opposition, and Defendants a 4 single consolidated reply. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE ON DS' MOTION TO DISMISS AND MOTION TO STAY LEAD CASE NO. C 09 05580 CW

1/11/10 DATED HONORABLE CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE