Hodges v. Akeena Solar, Inc. et al

Filing 46

STIPULATION AND ORDER EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT re 45 Stipulation. Answer due 6/9/2010. Signed by Judge James Ware on 6/3/2010. (ecg, COURT STAFF) (Filed on 6/3/2010)

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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., BARRY CINNAMON ) and GARY EFFREN, ) ) Defendants. ) ) ) CASE NO.: CV-09-02147-JW STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT Hon. James Ware

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT CASE NO. CV-09-02147-JW

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By Order entered by the Court on May 20, 2010, the Court denied Defendants' Motion to Dismiss the Amended Complaint for Violations of the Federal Securities Laws ("Motion to Dismiss"); WHEREAS, pursuant to Federal Rule of Civil Procedure 12(a)(4)(A), given the Court's notice of denial of Defendants' Motion to Dismiss, the deadline to respond to Plaintiffs' amended complaint is currently June 3, 2010; WHEREAS, counsel for Defendants have requested and counsel for Lead Plaintiffs have agreed to a brief extension until June 9, 2010 for Defendants to file an answer to the amended complaint due to the fact that the general counsel for Akeena Solar, Inc. has been out of the country and unavailable to coordinate the response (and with the express proviso that the answer would be filed on June 9, 2010 and no further extensions would be sought); and WHEREAS, the requested extension will have no effect on the dates set by the Court in its May 20, 2010 Order requiring that the Joint Case Management Statement be filed by June 4, 2010 and setting the Case Management Conference for June 14, 2010; 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, that Defendants shall file their answer to the amended complaint by June 9, 2010.

DATED: June 2, 2010

Respectfully submitted, SCOTT+SCOTT LLP Arthur J. Shingler Mary K. Blasy Hal D. Cunningham 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

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT CASE NO. CV-09-02147-JW

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DATED: June 2, 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.

J ____ 2010 Dated: ___une 3,______

____________________________ United States District Judge

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT 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 2nd day of June, 2010 at Palo Alto, California.

DATED: June 2, 2010

WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION By: /s/ Kelley M. Kinney Kelley M. Kinney Attorneys for Defendants Akeena Solar, Inc., Barry Cinnamon and Gary Effren

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE TO RESPOND TO AMENDED COMPLAINT CASE NO. CV-09-02147-JW