Hodges v. Akeena Solar, Inc. et al

Filing 18

STIPULATION AND ORDER RE SCHEDULING ORDER re 15 Stipulation, 17 Case Management Statement. Amended Pleadings due by 12/9/2009. Deadline to File Motions to Dismiss due by 2/12/2010. Oppositions due 3/29/2010. Replies due 4/30/2009. Motion Hearing set for 5/24/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. The Case Management Conference set for 12/14/2009 is VACATED. The Court will set a new date in its Order addressing Defendants' Motion to Dismiss. Signed by Judge James Ware on 12/8/2009. (ecg, COURT STAFF) (Filed on 12/8/2009)

1 SCOTT+SCOTT LLP ARTHUR L. SHINGLER III (181719) 2 MARY K. BLASY (211262) DAVID H. GOLDBERGER (225869) 3 600 B Street, Suite 1500 San Diego, CA 92101 4 Telephone: [phone] Facsimile: 619-233-0508 5 [e-mail] [e-mail] 6 [e-mail] ­ and ­ 7 DAVID R. SCOTT P.O. Box 192 8 108 Norwich Avenue Colchester, CT 06415 9 Telephone: [phone] Facsimile: 860-537-4432 10 [e-mail] 11 Lead Counsel for Lead Plaintiff 12 13 14

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. C-09-02147 JW-RS STIPULATION AND [PROPOSED] SCHEDULING ORDER Hon. James Ware

SHARON HODGES, On Behalf of Herself and 15 All Others Similarly Situated, 16 17 vs. Plaintiff,

18 AKEENA SOLAR, INC., BARRY CINNAMON and GARY EFFREN, 19 Defendants. 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] SCHEDULING ORDER 09-cv-02147-JW-RS

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WHEREAS, on May 18, 2009, Hodges v. Akeena Solar, Inc., No. C-09-02147 JW-RS, was

2 filed herein; 3 WHEREAS, pursuant to a stipulation executed by the parties and submitted to the Court on

4 June 4, 2009, the parties agreed that Defendants Akeena Solar Inc., Barry Cinnamon and Gary 5 Effren ("Defendants") were not required to respond to the complaint filed in this action before a lead 6 plaintiff was selected and that instead the parties would jointly "file a stipulated briefing schedule for 7 approval by the court" within 20 days of a lead plaintiff being selected; 8 WHEREAS, on October 21, 2009, the Court appointed Sharon Hodges, Joel Gentleman and

9 David H. Gordon as Lead Plaintiffs and approved their selection of Scott+Scott LLP as Lead 10 Counsel for Lead Plaintiffs; and 11 WHEREAS, pursuant to the Court's Order Setting Initial Case Management Conference and

12 ADR Deadlines entered May 18, 2009, a Case Management Conference is presently scheduled in 13 this matter on December 14, 2009 at 10:00 a.m.; 14 NOW, THEREFORE, the parties, by and through their undersigned counsel of record, in

15 the interests of judicial economy, hereby agree and stipulate, and the Court hereby orders, as 16 follows: 17 18 19 1. 2. 3. Lead Plaintiffs shall file their amended complaint by December 9, 2009; Defendants shall file any motions to dismiss by February 12, 2010; Lead Plaintiffs shall file any oppositions to Defendants' motions to dismiss by April

March 20 9, 2010; 29, 2010; 21 4. Defendants shall file their replies in support of their motions to dismiss by May 14,

22 2010; 30, 2010; April 23 5. TheMay 24, 2010 at oral argument on Defendants' motionshearing on Defendants' On Court will hear 9 a.m., the parties shall appear for the to dismiss on June 7,

Motion as soon thereafter as the matter may be heard; and 24 2010, or to Dismiss. 25 26 27 28
STIPULATION AND [PROPOSED] SCHEDULING ORDER

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The Case Management Conference currently scheduled for December 14, 2009

2 at10:00 a.m., shall be continued until after theset a newrulingin its Order addressing Defendants' is VACATED. The Court will Court's date on Defendants' motions to dismiss. 3 Motion to Dismiss. Respectfully submitted,

4 DATED: November 16, 2009 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED: November 16, 2009

SCOTT+SCOTT LLP Arthur J. Shingler Mary K. Blasy David H. Goldberger 600 B Street, Suite 1500 San Diego, CA 92101 Telephone: [phone] Facsimile: 619-233-0508 /s/ Mary K. Blasy MARY K. BLASY Lead Counsel for Lead Plaintiff

WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION Steven M. Schatz Douglas J. Clark Kelley M. Kinney Dominique-Chantale Alepin 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] By: /s/ Dominique-Chantale Alepin DOMINIQUE-CHANTALE ALEPIN Attorneys for Defendants Akeena Solar, Inc., Barry Cinnamon and Gary Effren ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.AS MODIFIED.

27 Dated:_____________ Dated: December 8, 2009

________________________________ ___________________________ United States District Judge JAMES WARE 28 STIPULATION AND [PROPOSED] SCHEDULING ORDER District Judge United States

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09-cv-02147-JW-RS