IN RE:JUNIPER SECURITIES LITIGATION

Filing 192

ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING BRIEFING SCHEDULE FOR CLASS CERTIFICATION; DENYING MOTION FOR SUMMARY JUDGMENT AS PREMATURE re 183 MOTION for Summary Judgment, 188 Case Management Statement. Deadline for Plaintiffs to file Mot ion for Class Certification on or before 3/2/2009, Deadline for Defendants to file their Opposition to classcertification on or before 5/1/2009, Deadline for Plaintiffs to file their Reply in support of class certification on or before 6/15/2009. Mot ion Hearing re Class Certification set for 6/29/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 2/4/2009. Motions terminated: 183 MOTION for Summary Judgment The Juniper Defendants' Motion for Summary Adjudication Regarding Loss Causation on August 10, 2006. (ecg, COURT STAFF) (Filed on 2/4/2009)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re Juniper Networks, Inc. Securities Litigation NO. C 06-04327 JW ORDER VACATING CASE MANAGEMENT CONFERENCE; SETTING BRIEFING SCHEDULE FOR CLASS CERTIFICATION; DENYING MOTION FOR SUMMARY JUDGMENT AS PREMATURE United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) / On February 9, 2009, the parties are scheduled to appear for a Case Management Conference. The parties timely filed a Joint Case Management Statement. (Docket Item No. 187.) In their Joint Statement, the parties represent that Plaintiffs are prepared to file a Motion for Class Certification on or before March 2, 2009. The parties request that the Court allow for an extended briefing schedule, so that the parties may conduct discovery before filing opposition and reply briefs to Plaintiffs' anticipated motion. In the interest of advancing this litigation, however, the Court is not inclined to permit the type of open-ended schedule proposed by the parties. Accordingly, the Court orders the parties to adhere to the following briefing schedule for Plaintiffs' anticipated Motion for Class Certification: (1) (2) On or before March 2, 2009, Plaintiffs shall file their Motion for Class Certification. On or before May 1, 2009, Defendants shall file their Opposition to class certification. On or before June 15, 2009, Plaintiffs shall file their Reply in support of class certification. 1 2 3 4 5 6 7 8 9 10 (4) On June 29, 2009 at 9:00 a.m., the parties shall appear for a hearing on Plaintiffs' Motion for Class Certification. Following submission of the parties' Joint Statement, Plaintiffs submitted a Supplementary Case Management Statement (Docket Item No. 188), in which they object to the timeliness of a Motion for Summary Judgment, filed by Defendants on January 23, 2009, and noticed for hearing on March 16, 2009. (See Docket Item No. 183.) Defendants filed a Response to Plaintiffs' Supplementary Statement. (Docket Item No. 191.) Upon consideration of the status of this action, in which the deadline for fact discovery is set for December 1, 2009, the Court finds that Defendants' Motion for Summary Judgment is premature. If Defendants seek to defeat Plaintiffs' claims on the basis of loss causation, Defendants will have opportunities to advance such arguments after the completion of discovery. At the very least, Defendants must refrain from raising loss causation issues until the class certification stage, when they may seek to limit the scope of any class that the Court may certify. Accordingly, Defendants' Motion for Summary Judgment is DENIED as premature, without prejudice to be renewed following discovery. In light of this Order, the Court finds that a Case Management Conference is unnecessary at this time. Accordingly, the Court VACATES the February 9, 2009 Case Management Conference. United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: February 4, 2009 JAMES WARE United States District Judge 2 1 2 3 4 5 6 7 8 9 10 THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Alfred Glenn Yates yateslaw@aol.com Barbara J. Hart bhart@lowey.com Crystal Mothershead Gaudette cgaudette@wsgr.com David C. Harrison dharrison@ldbs.com David Michael Friedman david.friedman@lw.com James Neil Kramer jkramer@orrick.com Jason T. Baker jbaker@alexanderlaw.com Jonathan Acker Shapiro jonathan.shapiro@wilmerhale.com Joni L. Ostler jostler@wsgr.com Joseph M. Barton joebartonesq@gmail.com Mark Cotten Molumphy mmolumphy@cpmlegal.com Melinda Haag mhaag@orrick.com Michael M. Goldberg info@glancylaw.com Mozhgan Saniefar msaniefar@orrick.com Patrice L. Bishop service@ssbla.com Patrick Edward Gibbs patrick.gibbs@lw.com Peter Allen Wald peter.wald@lw.com Peter Arthur Binkow info@glancylaw.com Rebecca Felice Lubens rlubens@orrick.com Reed R. Kathrein reed@hbsslaw.com Richard Bemporad rbemporad@lowey.com Richard W. Cohen rcohen@lowey.com Robert C. Schubert rschubert@schubertlawfirm.com Steven Guggenheim sguggenheim@wsgr.com Viviann C Stapp viviann.stapp@lw.com Willem F. Jonckheer wjonckheer@schubert-reed.com William M. Audet waudet@audetlaw.com Dated: February 4, 2009 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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