In re Marvell Technology Group, Ltd. Securities Litigation

Filing 228

ORDER by Judge Whyte Taking 221 Lead Plaintiffs' Motion to Modify the PSLRA Stay under Submission Without Oral Argument (rmwlc3, COURT STAFF) (Filed on 9/8/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Scheduled for hearing on September 12, 2008 is lead plaintiffs' motion for partial modification of the stay imposed by the Private Securities Litigation Reform Act ("PSLRA"). Pursuant to 15 U.S.C. § 78u-4(b)(3)(B), discovery is presently stayed pending the court's ruling on defendants' motions to dismiss heard February 15, 2008. Section 78u-4(b)(3)(B) provides for an automatic stay of discovery and other proceedings during the pendency of a motion to dismiss "unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party." Lead plaintiffs' motion seeks a modification of the stay pursuant to this provision. Defendants oppose the motion on the grounds that it is inapplicable, as there is no imminent risk that discovery will be lost and that plaintiffs will not suffer any undue prejudice.
ORDER TAKING LEAD PLAINTIFFS' MOTION TO MODIFY THE PSLRA STAY UNDER SUBMISSION WITHOUT ORAL ARGUMENT--No. C-06-06286 RMW MAG

E-FILED on

9/8/08

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

In re MARVELL TECHNOLOGY GROUP LTD. SECURITIES LITIGATION This Documents Relates To: All Actions

No. C-06-06286 RMW ORDER TAKING LEAD PLAINTIFFS' MOTION TO MODIFY THE PSLRA STAY UNDER SUBMISSION WITHOUT ORAL ARGUMENT [Re Docket No. 221]

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Having reviewed the parties' papers, the court does not believe that oral argument is necessary. Accordingly, the matter shall be deemed submitted on the papers. See Civil L.R. 7-1(b). Should the court later decide that it would benefit from oral argument, the parties will be notified.

DATED:

9/8/08

RONALD M. WHYTE United States District Judge

ORDER TAKING LEAD PLAINTIFFS' MOTION TO MODIFY THE PSLRA STAY UNDER SUBMISSION WITHOUT ORAL ARGUMENT--No. C-06-06286 RMW MAG 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for Plaintiffs: Julie Juhyun Bai Christine Bartholomew Stuart L. Berman Michael David Braun Stephanie L. Dieringer Donald J. Enright Steven Eliott Fineman Lawrence Timothy Fisher Linda M. Fong Lesley Ann Hale Blake M. Harper Christopher T. Heffelfinger Laurence D. King Joseph C. Kohn Elisa P. Laird Nicole Catherine Lavallee Bruce W. Leppla James Christopher Magid Mark Cotten Molumphy Alan R Plutzik Kathryn Anne Schofield Denis Francis Sheils Joseph J. Tabacco , Jr Sarah Pickeral Weber Counsel for Defendants: Jennie L. Wang Jessica L. Grant Michele Hirshman Nicholas George Campins Stephen E. Taylor Steven B. Rosenfeld Theodore V. Wells Timothy S. Martin Boris Feldman Caroline McIntyre Steven Mark Schatz Gregory Lewis Watts Laurence Andrew Weiss [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

9/8/08

/s/ MAG Chambers of Judge Whyte

ORDER TAKING LEAD PLAINTIFFS' MOTION TO MODIFY THE PSLRA STAY UNDER SUBMISSION WITHOUT ORAL ARGUMENT--No. C-06-06286 RMW MAG 3