In re: UTSTARCOM, INC. SECURITIES LITIGATION

Filing 323

STIPULATION AND ORDER AS MODIFIED to Continue Motion Hearing re 321 Stipulation. Motion Hearing re Class Certification set for 1/25/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 7/1/2009. (ecg, COURT STAFF) (Filed on 7/2/2009)

1 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DERED 2 CHRISTOPHER P. SEEFER (201197) SO OR ED IT IS SHIRLEY H. HUANG (206854) DIFI AS MO 3 100 Pine Street, Suite 2600 San Francisco, CA 94111 re 4 Telephone: [phone] mes Wa Judge Ja 415/288-4534 (fax) 5 [e-mail] [e-mail] ER C 6 N F D IS T IC T O Lead Counsel for Plaintiffs R 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 In re UTSTARCOM, INC. SECURITIES ) Master File No. C-04-4908-JW(PVT) 11 LITIGATION ) ) CLASS ACTION 12 ) ) STIPULATION AND [PROPOSED] ORDER This Document Relates To: 13 ) STAYING CASE UNTIL COMPLETION OF ) MEDIATION ALL ACTIONS. 14 )

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WHEREAS, on May 22, 2009, this Court entered a Stipulated Order Regarding Answers to

2 the Fourth Amended Consolidated Complaint that required plaintiffs to file any motion to strike 3 defendants' answers on or before August 31, 2009, unless otherwise agreed upon by the parties or 4 ordered by the Court; 5 WHEREAS, on May 28, 2009, the parties filed a Stipulation and [Proposed] Order

6 Regarding Class Certification Briefing Schedule ("Class Certification Briefing Stipulation") that 7 asked the Court to revise the class certification briefing schedule set forth in the April 29, 2009 8 Scheduling Order; 9 WHEREAS, the August 31, 2009 date by which plaintiffs must file any motion to strike

10 defendants' answers and the dates proposed in the May 28, 2009 Class Certification Briefing 11 Stipulation were based on the parties' belief that the mediation would be scheduled in July or August 12 2009; 13 WHEREAS, the parties were unable to schedule the mediation in July or August but have

14 scheduled a mediation for September 14, 2009; 15 WHEREAS, on June 3, 2009, defendants served their responses and objections to Plaintiffs'

16 First Set of Requests for Production of Documents and Plaintiffs' First Set of Interrogatories; 17 WHEREAS, on June 5, 2009, lead plaintiffs served their responses and objections to the

18 UTStarcom Defendants' First Set of Document Requests and the UTStarcom Defendants' First Set 19 of Interrogatories; 20 WHEREAS, on June 19, 2009, plaintiffs Gennadiy Sherman and Robert Lee Weese will

21 serve their responses and objections to the UTStarcom Defendants' First Set of Document Requests 22 and the UTStarcom Defendants' First Set of Interrogatories; and 23 WHEREAS, the parties have agreed, subject to the approval of the Court, to extend the date

24 by which plaintiffs must file any motion to strike defendants' answers, revise the class certification 25 briefing schedule set forth in the May 28, 2009 Class Certification Briefing Stipulation and defer 26 filing any motions to compel related to the responses and objections to the discovery requests until 27 after the completion of the mediation scheduled for September 14, 2009; 28 STIPULATION AND [PROPOSED] ORDER STAYING CASE UNTIL COMPLETION OF MEDIATION - C-04-4908-JW(PVT) -1-

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties,

2 through their undersigned counsel, as follows: 3 1. Plaintiffs shall file and serve any motion to strike defendants' answers no later than

4 October 30, 2009, unless otherwise agreed upon by the parties or ordered by the Court; 5 6 2009; 7 3. Defendants shall file and serve their responses to plaintiffs' Motion for Class 2. Plaintiffs shall file and serve their Motion for Class Certification on October 23,

8 Certification on November 20, 2009; 9 4. Plaintiffs shall file and serve their reply in support of their Motion for Class

10 Certification on December 18, 2009; 11 5. The hearing on plaintiffs' Motion for Class Certification shall be on January 4, 2010

12 at 9:00 a.m; and at 9 a.m.; and January 25, 2010 13 6. The parties shall meet and confer about any responses and objections to the discovery

14 requests after the mediation and preserve all rights to file motions to compel if the parties are unable 15 to resolve any discovery disputes. 16 IT IS SO STIPULATED. COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP CHRISTOPHER P. SEEFER SHIRLEY H. HUANG

17 DATED: June 12, 2009 18 19 20 21 22 23 24

/s/ Christopher P. Seefer CHRISTOPHER P. SEEFER 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone] (fax) Lead Counsel for Plaintiffs

25 26 27 28 STIPULATION AND [PROPOSED] ORDER STAYING CASE UNTIL COMPLETION OF MEDIATION - C-04-4908-JW(PVT) -2-

1 DATED: June 12, 2009 2 3 4 5 6 7 8 9 10 11 DATED: June 12, 2009 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

WILSON SONSINI GOODRICH & ROSATI, P.C. BORIS FELDMAN TERRY T. JOHNSON BAHRAM SEYEDIN-NOOR

/s/ Bahram Seyedin-Noor BAHRAM SEYEDIN-NOOR 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] (fax) Attorneys for Defendants UTStarcom, Inc., Hong Liang Lu, Michael J. Sophie, Ying Wu and Thomas J. Toy SULLIVAN & CROMWELL LLP JASON DE BRETTEVILLE AMIE D. ROONEY SCOTT C. HALL

/s/ Jason de Bretteville JASON DE BRETTEVILLE 1870 Embarcadero Road Palo Alto, CA 94303-3308 Telephone: [phone] (fax) SULLIVAN & CROMWELL LLP ROBERT A. SACKS 1888 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: [phone] (fax) Attorneys for Defendants SoftBank Holdings, Inc., SoftBank Corporation and SoftBank America, Inc.

STIPULATION AND [PROPOSED] ORDER STAYING CASE UNTIL COMPLETION OF MEDIATION - C-04-4908-JW(PVT)

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I, Christopher P. Seefer, am the ECF User whose ID and password are being used to file this

2 Stipulation and [Proposed] Order Regarding Class Certification Briefing Schedule. In compliance 3 with General Order No. 45, X.B., I hereby attest that Bahram Seyedin-Noor and Jason de Bretteville 4 have concurred in this filing. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER STAYING CASE UNTIL COMPLETION OF MEDIATION - C-04-4908-JW(PVT) -4S:\casesSD\uTStarcom 04\STP00059965.doc

/s/ Christopher P. Seefer CHRISTOPHER P. SEEFER * * ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED. This is the parties' final continuance. *

July 1, 2009 DATED: _________________________

______________________________________ THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE