IN RE:INFINEON TECHNOLOGIES AG SECURITIES LITIGATION

Filing 274

STIPULATION AND ORDER AS MODIFIED BY THE COURT to Continue Hearing on Motions 235 , 237], 250 from 12/16/2008 to 1/09/2009 re 271 Clerks Notice Continuing Motion Hearing, 272 Stipulation. Motion Hearing set for 1/9/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 12/11/2008. (ecgS, COURT STAFF) (Filed on 12/11/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [See signature page for appearances of counsel] UNIT ED S S DISTRICT TE C TA ER N D IS T IC T R OF 12/11/2008 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re INFINEON TECHNOLOGIES AG SECURITIES LITIGATION Master File No. C-04-4156-JW CLASS ACTION STIPULATION AND [PROPOSED] ORDER SETTING HEARING FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS OR IN THE ALTERNATIVE TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION Hearing: Time: Dept.: Judge: December 16, 2008 9:00 a.m. Courtroom 8, 4th floor Honorable James Ware This Document Relates To: ALL ACTIONS STIP. AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE MASTER FILE NO. C-04-4156-JW sf-2617416 A C LI FO m Judge Ja es Ware R NIA DERED SO OR ED IT IS DIFI AS MO RT U O NO RT H 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, on December 10, 2008, the Court rescheduled the oral argument on Plaintiffs' Motion for Class Certification (Doc. No. 235) and Defendants' Motion for Judgment on the Pleadings or in the Alternative to Dismiss for Lack of Subject Matter Jurisdiction (Doc. No. 250) from December 15, 2008, to December 16, 2008 (December 10, 2008 Order (Doc. No. 271)); WHEREAS, the Court specially-set the hearing for those two motions to give the parties sufficient time for oral argument; WHEREAS, Jordan Eth, counsel for Defendants Infineon Technologies AG, Infineon Technologies North America Corp., Ulrich Schumacher, and Peter Fischl is the counsel responsible for arguing the foreign purchaser issues (see Declaration of Jordan Eth ("Eth Decl."), filed concurrently, 3); WHEREAS, Mr. Eth has a previously-arranged family vacation to Vietnam and will be leaving the United States at the end of the day on December 15, 2008 (Eth Decl. 4); WHEREAS, Plaintiffs have agreed that to allow Mr. Eth to participate in his family vacation and to provide sufficient time for oral argument on these two motions; IT IS HEREBY STIPULATED by and between the parties in this action, through their counsel of record, that: Plaintiffs' Motion for Class Certification and Defendants' Motion for Judgment on the Pleadings or in the Alternative to Dismiss for Lack of Subject Matter Jurisdiction be specially-set for hearing on January 13, 2009, at 9:00 a.m., or on any other date thereafter that is convenient for the Court. STIP. AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE MASTER FILE NO. C-04-4156-JW sf-2617416 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December 10, 2008 MORRISON & FOERSTER LLP By: Jordan Eth [e-filing signature] Jordan Eth 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Email: jeth@mofo.com Attorneys for Defendants Dated: December 10, 2008 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP JOHN K. GRANT By: John K. Grant [e-filing signature] John K. Grant 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) E-mail: johnkg@csgrr.com Attorneys for Plaintiffs [PROPOSED] ORDER AS MODIFIED: Having considered the parties' Stipulation Setting Hearing, the Court adopts the parties' proposal and sets the hearing on Plaintiffs' Motion for Class Certification and Defendants' Motion for Judgment on the Pleadings or in the Alternative to Dismiss for Lack of Subject Matter 09 Jurisdiction for January 13, 2009, at 9:00 a.m. PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated: December 11, 2008 The Honorable James Ware United States District Judge STIP. AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE MASTER FILE NO. C-04-4156-JW sf-2617416 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ECF ATTESTATION I, Philip T. Besirof, am the ECF User whose ID and Password are being used to file: STIPULATION AND [PROPOSED] ORDER SETTING HEARING FOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS OR IN THE ALTERNATIVE TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION In compliance with General Order 45, X.B., I hereby attest that Jordan Eth and John Grant have concurred in this filing. Dated: December 10, 2008 By: MORRISON & FOERSTER LLP /s/ Philip T. Besirof [e-filing signature] STIP. AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE MASTER FILE NO. C-04-4156-JW sf-2617416 3

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