Berkowitz v. Fodor et al

Filing 128

STIPULATION AND ORDER Extending Time for Responding to SECOND AMENDED Complaint re 124 Stipulation filed by Affymetrix, Inc. The parties have already complied with the 12/4/2008 deadline. Signed by Judge James Ware on 12/9/2008. (ecg, COURT STAFF) (Filed on 12/9/2008)

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

ARTHUR J. BURKE (229589) DAVIS POLK & WARDWELL 1600 El Camino Real Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] E-mail address: [e-mail] Counsel for Nominal Defendant Affymetrix ROBIN WINCHESTER BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA 19087 Telephone: [phone] Facsimile: [phone] E-mail address: [e-mail] Lead Counsel for Lead Plaintiffs TRAVIS E. DOWNS III (148274) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: [phone] Facsimile: [phone] E-mail address: [e-mail] Lead Counsel for Lead Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In Re Affymetrix Derivative Litigation This Document Relates To: ALL ACTIONS ) ) ) ) ) ) ) ) Case No. C 06-5353 JW STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONDING TO COMPLAINT

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONDING TO COMPLAINT CASE NO. C 06-5353 JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Dated: December 3, 2008 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December 3, 2008 Dated: December 3, 2008

STIPULATION Whereas, on October 24, 2008, this Court granted in part and denied in part Defendants motion to dismiss the Verified Second Amended Consolidated Shareholder Derivative Complaint (the Second Amended Complaint ) with leave to amend; Whereas, the deadline to respond to the Second Amended Complaint was extended by stipulation and order to December 3, 2008; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, subject to approval of the Court, that Nominal Defendant Affymetrix shall have until December 4, 2008, to answer the Second Amended Complaint.

DAVIS POLK & WARDWELL By: /s/ Arthur J. Burke Arthur J. Burke (229589) 1600 El Camino Real Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] E-mail address: [e-mail] Counsel for Nominal Defendant Affymetrix BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP By: /s/ Robin Winchester Robin Winchester 280 King of Prussia Road Radnor, PA 19087 Telephone: [phone] Facsimile: [phone] E-mail address: [e-mail] Lead Counsel for Lead Plaintiffs COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP By: /s/ Travis E. Downs III Travis E. Downs III (148274) 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: [phone] Facsimile: [phone] E-mail address: [e-mail] Lead Counsel for Lead Plaintiffs

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONDING TO COMPLAINT CASE NO. C 06-5353 JW

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

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Arthur J. Burke, attest that concurrence in the filing of this document has been obtained from the other signatories. I declare under penalty of perjury that the foregoing is true and correct. Executed on this 3rd day of December, 2008, at East Palo Alto, California. /s/ Arthur J. Burke Arthur J. Burke ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED

December 9, 2008 DATED: ____________________

_______________________________ JUDGE JAMES WARE

2 STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR RESPONDING TO COMPLAINT CASE NO. C 06-5353 JW