Beebe v. Thomson et al

Filing 42

ORDER re 40 Granting Stipulation CONTINUING THE HEARING DATE ON DEFENDANTS' MOTION TO DISMISS AND EXTENDING DEADLINE FOR DEFENDANTS' REPLY MEMORANDUM. Case Management Conference set for 8/5/2010 02:00 PM. Motion Hearing set for 8/5/2010 02:00 PM. Signed by Judge Claudia Wilken on 6/24/2010. (ndr, COURT STAFF) (Filed on 6/24/2010)

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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 Euan S. Thomson, Wayne Wu, Li Yu, Robert S. Weiss, Elizabeth Dávila, John P. Wareham, Robert E. McNamara, John R. Adler, Jr. and Nominal Defendant Accuray Incorporated

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION IN RE ACCURAY, INC. SHAREHOLDER DERIVATIVE LITIGATION _______________________________________ This Document Relates to: ALL ACTIONS ) ) ) ) ) ) ) ) ) ) ) ) Lead Case No. C 09 05580 CW STIPULATION AND ORDER CONTINUING THE HEARING DATE ON DEFENDANTS' MOTION TO DISMISS AND EXTENDING DEADLINE FOR DEFENDANTS' REPLY MEMORANDUM (AS MODIFIED)

STIP. AND [PROPOSED] ORDER CONTINUING HEARING DATE ON DEFENDANTS' MOTION TO DISMISS CASE NO. C-09-05580-CW

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WHEREAS, on March 19, 2010, the Court entered an order regarding the filing of plaintiffs' amended consolidated complaint and the parties' stipulated briefing schedule for defendants' motion to dismiss; WHEREAS, plaintiffs filed an amended consolidated complaint on April 8, 2010, and Defendants moved to dismiss on May 10, 2010; WHEREAS, the hearing date for defendants' motion to dismiss currently is set for July 1, 2010 at 2:00 p.m.; WHEREAS, counsel for defendants has a scheduling conflict on July 1, 2010, and defendants have therefore requested, and plaintiffs have agreed, subject to Court approval, to continue the hearing date on defendants' motion to dismiss until August 5, 2010; WHEREAS, defendants' reply memorandum in support of their motion to dismiss is currently due to be filed on June 17, 2010; WHEREAS, in light of the proposed continuance of the hearing date, defendants have also requested, and plaintiffs have agreed, subject to Court approval, to extend the deadline for defendants' reply memorandum in support of their motion to dismiss by one week to June 24, 2010; NOW, THEREFORE, the parties, by and through their undersigned counsel of record, hereby agree and stipulate, subject to Court approval, as follows: 1. The hearing on Defendants' motion to dismiss currently set for July 1, 2010 shall

be continued until August 5, 2010 at 2:00 p.m., or as soon thereafter as the matter may be heard; and 2. Defendants shall file their reply memorandum in support of their motion to

dismiss by June 24, 2010. /// /// /// /// 1
STIP. AND [PROPOSED] ORDER CONTINUING HEARING DATE ON DEFENDANTS' MOTION TO DISMISS CASE NO. C-09-05580-CW

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Dated: June 24, 2010

Respectfully submitted, WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] By: /s/ Ignacio Salceda Ignacio Salceda

Attorneys for Euan S. Thomson, Wayne Wu, Li Yu, Robert S. Weiss, Elizabeth Dávila, John P. Wareham, Robert E. McNamara, John R. Adler, Jr. and Nominal Defendant Accuray Incorporated

Dated: June 24, 2010

ROBBINS UMEDA LLP Marc M. Umeda Kevin A. Seely Daniel R. Forde 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] 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, Suite 700 Dallas, TX 75204 Telephone: [phone] Facsimile: [phone] By: /s/ Kevin A. Seely Kevin A. Seely

Co-Lead Counsel for Plaintiffs

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STIP. AND [PROPOSED] ORDER CONTINUING HEARING DATE ON DEFENDANTS' MOTION TO DISMISS CASE NO. C-09-05580-CW

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ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. FURTHER CASE MANAGEMENT CONFERENCE ALSO CONTINUED TO 8/5/2010 AT 2:00 P.M.

HONORABLE CLAUDIA WILKEN United States District Judge

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STIP. AND [PROPOSED] ORDER CONTINUING HEARING DATE ON DEFENDANTS' MOTION TO DISMISS CASE NO. C-09-05580-CW

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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Ignacio E. Salceda, attest that concurrence in the filing of this document has been obtained from the signatory, Kevin A. Seely. 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 June, 2010 at Palo Alto, California.

By:

/s/ Ignacio E. Salceda Ignacio E. Salceda

Attorneys for Euan S. Thomson, Wayne Wu, Li Yu, Robert S. Weiss, Elizabeth Dávila, John P. Wareham, Robert E. McNamara, John R. Adler, Jr. and Nominal Defendant Accuray Incorporated

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STIP. AND [PROPOSED] ORDER CONTINUING HEARING DATE ON DEFENDANTS' MOTION TO DISMISS CASE NO. C-09-05580-CW