Sabbag v. Cinnamon et al

Filing 64

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 63 Case Management Conference set for 9/9/2011 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 8/4/11. (dlm, COURT STAFF) (Filed on 8/4/2011)

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1 2 3 4 5 6 7 8 JORDAN ETH (CA SBN 121617) JEth@mofo.com JUDSON E. LOBDELL (CA SBN 146041) JLobdell@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendants BARRY CINNAMON, GARY EFFREN, EDWARD ROFFMAN, JON WITKIN, GEORGE LAURO, DAVID WALLACE, PRADEEP JOTWANI, and AKEENA SOLAR, INC. 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 EVELYN SABBAG, derivatively on Behalf of AKEENA SOLAR, INC. 14 Plaintiff, 15 16 17 18 21 22 STIPULATION AND -----------------[PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE v. BARRY CINNAMON, GARY EFFREN, EDWARD ROFFMAN, JON WITKIN, GEORGE LAURO, PRADEEP JOTWANI, and DAVID WALLACE Defendants, 19 20 Lead Case No.: 10-cv-002735-JF-HRL and AKEENA SOLAR, INC., a Delaware corporation, Nominal Defendant. 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. 10CV002735J F-HRL 1 2 3 WHEREAS, on August 25, 2010 the Court entered an order consolidating actions; 4 WHEREAS, on September 10, 2010, plaintiffs filed a Verified Consolidated Shareholder 5 6 7 8 9 10 11 12 13 Derivative Complaint; WHEREAS, on October 7, 2010, the Court entered an order appointing Robbins Umeda LLP and Glancy Binkow & Goldberg LLP as co-lead counsel; WHEREAS, on December 10, 2010, the Court entered an order dismissing plaintiffs’ Section 14(a) claim, and staying the remainder of the action; WHEREAS, on July 15, 2011, defendants filed a Notice of and Motion for Substitution of Counsel; WHEREAS, on July 28, 2011, the Court entered an order granting defendants’ Motion for Substitution of Counsel; 14 WHEREAS, this matter is set for a Case Management Conference on August 5, 2011; 15 WHEREAS, the parties believe they would benefit from additional time for the purpose of 16 facilitating a final resolution of this matter and to prepare and complete documentation pursuant 17 thereto. 18 THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED by the parties, by and 19 through their attorneys of record, that the Case Management Conference presently set for August 20 5, 2011 at 10:30 a.m. shall be continued to September 9, 2011 at 10:30 a.m., or as soon thereafter 21 as is convenient for the Court. 22 Dated: August 3, 2011 23 MORRISON & FOERSTER LLP By: 24 /s/ Judson E. Lobdell Judson E. Lobdell Attorneys for Defendants Barry Cinnamon, Gary Effren, Edward Roffman, Jon Witkin, George Lauro, David Wallace, Pradeep Jotwani, and Akeena Solar, Inc. 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. 10CV002735J F-HRL sf-3023709 1 1 2 Dated: August 3, 2011 3 GLANCY BINKOW & GOLDBERG LLP By: 4 /s/ Michael Goldberg Michael Goldberg Attorneys for Plaintiffs Evelyn Sabbag, Donald Triskett, Daniel Jaquez, and John Klein 5 6 7 Dated: August 3, 2011 ROBBINS UMEDA LLP 8 By: 9 10 /s/ George Aguilar George Aguilar Attorneys for Plaintiff Evelyn Sabbag 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. 10CV002735J F-HRL sf-3023709 2 1 2 E-filing attestation: I, Judson E. Lobdell, am the ECF User whose ID and password are 3 being used to file this Stipulation and [Proposed] Order Continuing Case Management 4 Conference. In compliance with General Order 45, X.B., I hereby attest that Michael Goldberg 5 and George Aguilar have concurred in this filing. 6 7 8 Dated: August 3, 2011 By: 9 /s/Judson E. Lobdell Judson E. Lobdell 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. 10CV002735J F-HRL sf-3023709 3 1 ORDER 2 3 PURSUANT TO STIPULATION, IT IS SO ORDERED. 4 5 6 Dated: 8/4/11 HONORABLE JEREMY FOGEL UNITED STATES DISTRICT COURT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE CASE NO. 10CV002735J F-HRL sf-3023709 4

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