Hodges v. Akeena Solar, Inc. et al

Filing 36

STIPULATION AND ORDER Granting Modification to Scheduling Order for Briefing on Motion to Dismiss re 35 Stipulation. Signed by Judge James Ware on 3/29/2010. (ecg, COURT STAFF) (Filed on 3/29/2010)

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STEVEN M. SCHATZ, State Bar No. 118356 [e-mail] DOUGLAS J. CLARK, State Bar No. 171499 [e-mail] KELLEY M. KINNEY, State Bar No. 216823 [e-mail] DOMINIQUE-CHANTALE ALEPIN, State Bar No. 241648 [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Akeena Solar, Inc., Barry Cinnamon and Gary Effren UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION SHARON HODGES, On Behalf of Herself and All Others Similarly Situated, Plaintiff, v. AKEENA SOLAR, INC, et. al, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: CV-09-02147-JW STIPULATION RE [PROPOSED] SCHEDULING ORDER

STIPULATION RE [PROPOSED] SCHEDULING ORDER CASE NO. CV-09-02147-JW

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The parties to this action entered and submitted to the Court a scheduling stipulation on November 16, 2009. The Court entered a slightly modified briefing schedule by Order on December 8, 2009. WHEREAS, on December 9, 2009, the parties executed and submitted to the Court a scheduling stipulation to extend the time by two days for Lead Plaintiffs to file the amended complaint, due to a catastrophic computer hard drive failure and attendant loss of work product; WHEREAS, pursuant to the stipulation submitted to the Court on December 9, 2009, and by Order entered by the Court on December 14, 2009, the briefing deadlines set in the Court's December 8, 2009 Order remained the same, including that Lead Plaintiffs' opposition to Defendants' motion to dismiss was to be filed by March 29, 2010, and Defendants' reply in support of Defendants' motion to dismiss was to be filed by April 30, 2010; WHEREAS, the General Counsel for Akeena Solar, Inc. will be unavailable for an extended duration during April 2010 due to prior commitments; WHEREAS, Defendants' counsel has requested and Lead Plaintiffs have agreed to a brief extension of time to May 7, 2010 for Defendants to file their reply in support of their motion to dismiss; WHEREAS, Defendants have agreed to a brief extension of time for Lead Plaintiffs to file their opposition to Defendants' motion to dismiss to March 31, 2010; WHEREAS, the requested extension will not alter or delay the date set by the Court in its December 14, 2009 Order for the May 24, 2010 hearing on Defendants' motion to dismiss; NOW, THEREFORE, the parties, by and through their undersigned counsel of record, in the interests of judicial economy, hereby agree and stipulate, and the Court hereby orders, as follows: 1. Lead Plaintiffs shall file their opposition to Defendants' motion to dismiss by

March 31, 2010; 2. Defendants shall file their reply in support of their motion to dismiss by May 7,

STIPULATION RE [PROPOSED] SCHEDULING ORDER CASE NO. CV-09-02147-JW

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3.

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

2010, at 9:00 a.m.

Dated: March 23, 2010

Respectfully submitted, 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 By: /s/ Mary K. Blasy Mary K. Blasy Lead Counsel for Lead Plaintiff

Dated: March 23, 2010

Respectfully submitted, 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/ Kelley M. Kinney Kelley M. Kinney Attorneys for Defendants Akeena Solar, Inc., Barry Cinnamon and Gary Effren ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. March 29, 2010 Dated: _____________

____________________________ United States District Judge

STIPULATION RE [PROPOSED] SCHEDULING ORDER CASE NO. CV-09-02147-JW

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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Kelley M. Kinney, attest that concurrence in the filing of this document has been obtained from signatory Mary K. Blasy. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 23rd day of March, 2010 at Palo Alto, California.

STIPULATION RE [PROPOSED] SCHEDULING ORDER CASE NO. CV-09-02147-JW