Hodges v. Akeena Solar, Inc. et al

Filing 21

SECOND STIPULATION RE SCHEDULING ORDER re 19 Stipulation. Amended Pleadings due by 12/11/2009. 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. Signed by Judge James Ware on 12/14/2009. (ecg, COURT STAFF) (Filed on 12/14/2009)

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

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Pursuant to stipulation executed by the parties and submitted to the Court on November 16,

2 2009, and by Order entered by the Court on December 8, 2009, the parties agreed that Lead 3 Plaintiffs' amended complaint was to be filed on December 9, 2009; 4 WHEREAS, Lead Plaintiffs' counsel has requested and Defendants have agreed to a short

5 two-day extension of time for Lead Plaintiffs to file the amended complaint due to a catastrophic 6 computer hard drive failure and attendant loss of work product; 7 WHEREAS, the requested extension will have no effect on the dates set by the Court in its

8 December 8, 2009 Order for Defendants' motion(s) to dismiss, for Lead Plaintiffs to file their 9 opposition(s) to Defendants' motion(s) to dismiss, or the Defendants' reply briefs; and 10 WHEREAS, the requested extension will not alter or delay the date set by the Court in its

11 December 8, 2009 Order for the hearing on Defendants' motion(s) to dismiss; 12 NOW, THEREFORE, the parties, by and through their undersigned counsel of record, in

13 the interests of judicial economy, hereby agree and stipulate, and the Court hereby orders, as 14 follows: 15 16 17 1. 2. 3. Lead Plaintiffs shall file their amended complaint by December 11, 2009; Defendants shall file any motions to dismiss by February 12, 2010; Lead Plaintiffs shall file any oppositions to Defendants' motions to dismiss by March

18 29, 2010; 19 4. Defendants shall file their replies in support of their motions to dismiss by April 30,

20 2010; and 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER

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09-cv-02147-JW-RS

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5.

The Court will hear oral argument on Defendants' motions to dismiss on May 24,

2 2010, at 9:00 a.m. 3 4 DATED: December 9, 2009 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 By: /s/ Kelley M. Kinney KELLEY M. KINNEY DATED: December 9, 2009 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] 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 Respectfully submitted,

Attorneys for Defendants Akeena Solar, Inc., Barry Cinnamon and Gary Effren ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. ________________________________ United States District Judge 2
09-cv-02147-JW-RS

December 14, 2009 27 Dated:_____________

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STIPULATION AND [PROPOSED] ORDER

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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Mary Blasy, attest that concurrence in the filing of this document has been obtained from

3 signatory KELLEY M. KINNEY. I declare under penalty of perjury under the laws o f the United 4 States of America that the foregoing is true and correct. Executed this 9th day of December, 2009 at 5 San Diego, California. 6 7 CERTIFICATE OF SERVICE I also certify that on December 9, 2009, I caused the foregoing to be electronically filed with

8 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the 9 e-mail addresses denoted on the Electronic Mail Notice List, and I hereby certify that I caused the 10 foregoing document or paper to be mailed via the United States Postal Service to the non-CM/ECF 11 participants indicated on the Manual Notice List. I certify under penalty of perjury under the laws of 12 the United States of America that the foregoing is true and correct. Executed on December 9, 2009. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER

/s/Mary K. Blasy MARY K. BLASY SCOTT+SCOTT LLP 600 B Street, Suite 1500 San Diego, CA 92101 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Lead Counsel for Lead Plaintiff

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