IN RE:JUNIPER SECURITIES LITIGATION

Filing 598

STIPULATION AND ORDER AS MODIFIED BY THE COURT REGARDING BRIEFING SCHEDULE AND HEARINGS ON CERTAIN MOTIONS re 596 Stipulation. Motion Hearing set for 5/3/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 4/13/2010. (ecg, COURT STAFF) (Filed on 4/13/2010)

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ATTO R N E Y S AT LAW SI L I C O N VA L L E Y

LATHAM & WATKINS LLP Peter A. Wald (Bar No. 85705), [e-mail] David M. Friedman (Bar No. 209214), [e-mail] 505 Montgomery Street, Suite 2000 San Francisco, California 94111 Telephone: [phone] Facsimile: +1.415.395.8095 LATHAM & WATKINS LLP Patrick E. Gibbs (Bar No. 183174), [e-mail] Andrew M. Farthing (Bar No. 237565), [e-mail] 140 Scott Drive Menlo Park, California 94025 Telephone: [phone] Facsimile: +1.650.463.2600 Attorneys for Defendant Ernst & Young LLP

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

IN RE JUNIPER NETWORKS, INC. SECURITIES LITIGATION

CASE NO. 5:06-CV-04327-JW STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE AND HEARINGS ON CERTAIN MOTIONS Before: Hon. James S. Ware

STIPULATION AND [PROPOSED] ORDER 5:06-CV-04327-JW

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ATTO R N E Y S AT LAW SI L I C O N VA L L E Y

WHEREAS, on March 25, 2010, Lead Plaintiff Filed a Motion for Modification of Discovery Plan to Extend Merits Discovery, and noticed the motion for hearing on May 3, 2010 (Doc. 589); WHEREAS, on April 2, 2010, this Court issued an Order Re Further Briefing Regarding Plaintiff's Objection to Magistrate Judge's Ruling, requiring Defendant Ernst & Young LLP ("EY") to respond to Plaintiff's Objection on or before April 9, 2010 and for Plaintiff to reply on or before April 14, 2010 (Doc. 594); WHEREAS, on April 2, 2010, this Court held a preliminary settlement approval hearing regarding the settlement between Lead Plaintiff, the Juniper Defendants, and defendant Lisa C. Berry, at which the Court issued a tentative order to grant the Motion for Preliminary Approval, and took the matter under submission pending further order of the Court (Doc. 593); WHEREAS, the settlement considered by the Court at the April 2, 2010 hearing did not include a settlement of the remaining claim against EY; WHEREAS, on April 6, 2010, EY and Lead Plaintiff reached an agreement in principle to settle the claim asserted against EY; WHEREAS, counsel for EY and Lead Plaintiff hope to include the settlement of the claim against EY in the same notice and final approval process as the settlement considered by the Court at the April 2, 2010 hearing; WHEREAS, to that end, Lead Plaintiff anticipates filing a motion for preliminary April 23, 2010 settlement approval on or about April 27, 2010; WHEREAS, Lead Plaintiff and EY believe it will be most efficient for the parties and the Court to suspend briefing and argument on the pending discovery motions discussed above while the parties focus on presenting the settlement for preliminary approval; NOW THEREFORE, the parties hereby stipulate, and request that the Court order, as follows: 1. Lead Plaintiff's Motion for Modification of Discovery Plan to Extend

Merits Discovery, currently scheduled for hearing on May 3, 2010, is taken off-calendar; 2. Defendant EY need not file a response to Plaintiff's Objection to 1
STIPULATION AND [PROPOSED] ORDER 5:06-CV-04327-JW

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ATTO R N E Y S AT LAW SI L I C O N VA L L E Y

Magistrate Judge's Ruling on April 9, 2010, and the Objection to Magistrate Judge's Ruling will not be ruled upon unless and until EY submits a response; 3. Lead Plaintiff shall file its motion for preliminary approval of settlement

and submit a revised Proposed Order Preliminarily Approving Settlement and Providing for April 23, 2010. Notice on or about April 27, 2010. IT IS SO STIPULATED. Dated: April 7, 2010 LATHAM & WATKINS LLP By /s/ David M. Friedman Peter A. Wald Patrick E. Gibbs David M. Friedman Andrew Farthing Attorneys for Defendant Ernst & Young LLP Dated: April 7, 2010 LOWEY DANNENBERG COHEN & HART, P.C. By /s/ Barbara J. Hart Barbara J. Hart David C. Harrison One North Broadway, 5th Floor White Plains, NY 10601-2310 914-733-7228 (telephone) 914-997-0035 (facsimile) Lead Counsel for Lead Plaintiff SCHUBERT JONCKHEER & KOLBE LLP Willem F. Jonckheer Two Embarcadero Center, Suite 1650 San Francisco, CA 94111 Telephone: [phone] Local Counsel for Lead Plaintiff IT IS SO ORDERED AS MODIFIED: * * *

The SO ORDERED. IT ISCourt set the Hearing on Preliminary Approval of Settlement on May 3, 2010 at 9:00 AM Dated: April 13, 2010 The Honorable James Ware S. Ware
STIPULATION AND [PROPOSED] ORDER 5:06-CV-04327-JW

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ATTO R N E Y S AT LAW SI L I C O N VA L L E Y

ATTESTATION I, David M. Friedman, am the ECF user whose identification and password are being used to file the STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE AND HEARINGS ON CERTAIN MOTIONS. In compliance with General Order 45.X.B, I hereby attest that Barbara J. Hart concurs in this filing. Dated: April 7, 2010 By: __/s/ David M. Friedman__________

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STIPULATION AND [PROPOSED] ORDER 5:06-CV-04327-JW