Filing 419

ORDER DENYING STIPULATION TO MODIFY FEBRUARY 17, 2010 SCHEDULING ORDER re 416 Stipulation, filed by Erwin DeBruycker, Locals 302 and 612 International Union of Operating Engineers-Employers Construction Industry Retirement Trust. Signed by Judge James Ware on July 26, 2010. (jwlc1, COURT STAFF) (Filed on 7/26/2010)

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In re: UTSTARCOM, INC. SECURITIES LITIGATION Doc. 419 1 ROBBINS GELLER RUDMAN & DOWD LLP 2 SHAWN A. WILLIAMS (213113) SHIRLEY H. HUANG (206854) 3 DANIEL J. PFEFFERBAUM (248631) PHILLIP G. FREEMON (242062) 4 100 Pine Street, Suite 2600 San Francisco, CA 94111 5 Telephone: 415/288-4545 415/288-4534 (fax) 6 7 8 and JOHN J. RICE (140865) 9 655 West Broadway, Suite 1900 San Diego, CA 92101 10 Telephone: 619/231-1058 619/231-7423 (fax) 11 12 Lead Counsel for Plaintiffs 13 14 15 UNIT ED S S DISTRICT TE C TA RT U O DENIE D re ER N F D IS T IC T O R UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) Master File No. C-04-4908-JW(PVT) CLASS ACTION ORDER DENYING [PROPOSED] ORDER STIPULATION AND STIPULATION TO MODIFY THE FEBRUARY 17, 2010 MODIFYING THE FEBRUARY 17, 2010 SCHEDULING ORDER SCHEDULING ORDER 16 In re UTSTARCOM, INC. SECURITIES LITIGATION 17 18 This Document Relates To: 19 20 21 22 23 24 25 26 27 28 ALL ACTIONS. Presently before the Court is the parties' Stipulation to modify the Court's February 17, 2010 Scheduling Order. (Docket Item No. 416.) Upon review of the parties' proposal, the Court does not find good cause to extend this case beyond the 2010 deadlines set in its February 17 Order. The parties' proposal would take this 2004 case to the spring of 2011 before any dispositive Motion is served up for consideration. In addition, on May 12, 2010, the Court granted Plaintiffs' Motion for Class certification and ordered the parties to submit a Joint Proposal for class notice and dissemination by May 28, 2010. (Docket Item No. 397.) To date, no such proposal has been filed by the parties. Accordingly, on or before August 2, 2010, the parties shall comply with the Court's May 12 Order and file the required Joint Proposed form of class notice as well as a proposal for dissemination of such notices. Failure to comply may warrant sanctions for both parties. Dated: July 26, 2010 570397_2 __________________________ JAMES WARE United States District Judge A C LI FO mes Wa Judge Ja R NIA NO RT H

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