IN RE:INFINEON TECHNOLOGIES AG SECURITIES LITIGATION

Filing 283

STIPULATION AND ORDER FINDING AS MOOT re 277 Stipulation. Signed by Judge James Ware on 3/13/2009. (ecg, COURT STAFF) (Filed on 3/13/2009)

Case 5:04-cv-04156-JW

Document 277

Filed 01/27/2009

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[See signature page for appearances of counsel]

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
FINDING AS MOOT

This Document Relates To: ALL ACTIONS

STIPULATION AND [PROPOSED] ORDER GRANTING PARTIES' REQUEST TO SUBMIT ADDITIONAL BRIEFING IN CONNECTION WITH PLAINTIFFS' PENDING MOTION FOR CLASS CERTIFICATION [DOC. 237] Dept.: Judge: Courtroom 8, 4th floor Honorable James Ware

STIP. AND [PROPOSED] ORDER GRANTING PARTIES' REQUEST TO SUBMIT ADDITIONAL BRIEFING MASTER FILE NO. C-04-4156-JW sf-2633623

Case 5:04-cv-04156-JW

Document 277

Filed 01/27/2009

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WHEREAS, on January 9, 2009, the Court heard oral argument on Plaintiffs' Motion for Class Certification (Doc. 237) and took the matter under submission; WHEREAS, during the January 9 hearing, Defendants argued that Plaintiffs sought to invoke for the first time on reply certain presumptions of reliance (Doc. 269 at 13:21-14:24) and Defendants moved to introduce into the record a handout of cases responding to the presumptions of reliance; WHEREAS, Plaintiffs objected to the introduction of Defendants' handout, which the Court sustained; WHEREAS, Defendants in turn requested that the Court not consider the presumptions of reliance raised by Plaintiffs, which the Court agreed not to consider; WHEREAS, the Court suggested that the parties meet and confer after the hearing to determine whether the parties could reach agreement on submitting the handout and supplemental briefing on the presumptions of reliance to the Court; and WHEREAS, the parties have met and conferred and have reached agreement on the supplemental briefing to be submitted to the Court; IT IS HEREBY STIPULATED by and between the parties in this action, through their counsel of record, that: The parties agree to withdraw the objections described above. Defendants submit the handout of cases and 2-page brief regarding those cases attached as Exhibits A and B, respectively. Plaintiffs submit the 2-page brief attached as Exhibit C. Dated: January 27, 2009 MORRISON & FOERSTER LLP By: Philip T. Besirof [e-filing signature] Philip T. Besirof 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Email: [e-mail] Attorneys for Defendants
STIP. AND [PROPOSED] ORDER GRANTING PARTIES' REQUEST TO SUBMIT ADDITIONAL BRIEFING MASTER FILE NO. C-04-4156-JW sf-2633623

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Case 5:04-cv-04156-JW

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Dated: January 27, 2009

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: [phone] (fax) E-mail: [e-mail] Attorneys for Plaintiffs [PROPOSED] ORDER

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STIP. AND [PROPOSED] ORDER GRANTING PARTIES' REQUEST TO SUBMIT ADDITIONAL BRIEFING MASTER FILE NO. C-04-4156-JW sf-2633623
The Stipulated request is found as MOOT. The Court has already issued an Order on Class Certification. Having considered March 6, 2009, Docket Item No. 280. Please see the Court's Order on the parties' Stipulation to Submit Additional Briefing, the Court

adopts

the parties' proposal and accepts the additional briefing attached hereto as Exhibits A-C. PURSUANT TO STIPULATION, IT IS SO ORDERED. Dated:

March 13, 2009

The Honorable James Ware United States District Judge

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Case 5:04-cv-04156-JW

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ECF ATTESTATION I, Mark D. Gursky, am the ECF User whose ID and Password are being used to file: STIPULATION AND [PROPOSED] ORDER GRANTING PARTIES' REQUEST TO SUBMIT ADDITIONAL BRIEFING IN CONECTION WITH PLAINTIFFS' PENDING MOTION FOR CLASS CERTIFICATION [DOC. 237] In compliance with General Order 45, X.B., I hereby attest that Philip T. Besirof and John K. Grant have concurred in this filing. MORRISON & FOERSTER LLP By: /s/ Mark D. Gursky [e-filing signature]

STIP. AND [PROPOSED] ORDER GRANTING PARTIES' REQUEST TO SUBMIT ADDITIONAL BRIEFING MASTER FILE NO. C-04-4156-JW sf-2633623

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