In re Finisar Corporation Securities Litigation

Filing 50

STIPULATION AND ORDER Regarding Scheduling of Consolidated Complaint and Case Caption re 49 Stipulation. The case shall be recaptioned "In re Finisar Corporation Securities Litigation," retaining its case number (5:11-CV-01252-EJD). Amend ed Pleadings due by 1/13/2012. Motion due by 3/13/2012. Opposition due by 4/16/2012. Reply due by 5/11/2012. Motion Hearing set for 6/1/2012 09:00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 5/25/2012. Case Management Conference set for 6/1/2012 10:00 AM in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 11/07/2011. (ecg, COURT STAFF) (Filed on 11/7/2011)

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DLA PIPER LLP (US)
SHIRLI FABBRI WEISS (Bar No. 079225)
[e-mail]
DAVID PRIEBE (Bar No. 148679)
[e-mail]
ROY K. McDONALD (CA Bar No. 193691)
[e-mail]
RAJIV DHARNIDHARKA (Bar No. 234756)
[e-mail]
2000 University Avenue
East Palo Alto, CA 94303-2248
Tel: [phone]
Fax: [phone]
Attorneys for Defendants FINISAR
CORPORATION, JERRY S. RAWLS, EITAN
GERTEL, and KURT ADZEMA
[Counsel for Lead Plaintiff listed on signature
page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MARTIN DERCHI-RUSSO, Individually
and on Behalf of All Others Similarly
Situated,

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Case No. CV 11-1252 EJD HRL
Class Action
STIPULATION AND [PROPOSED] ORDER
REGARDING SCHEDULING OF
CONSOLIDATED COMPLAINT AND
CASE CAPTION

Plaintiff,
vs.
FINISAR CORPORATION, JERRY S.
RAWLS, EITAN GERTEL, and KURT
ADZEMA,
Defendants

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#225368157 (WEST)

STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING AND CASE CAPTION
Case Nos. CV 11-1252 EJD HRL

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STIPULATION

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Lead Plaintiff Oklahoma Firefighters Pension and Retirement System (“Lead Plaintiff”)

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and Defendants Finisar Corporation, Jerry S. Rawls, Eitan Gertel, and Kurt Adzema (collectively

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“Defendants”) hereby stipulate as follows:

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WHEREAS, by Order dated October 27, 2011, the Court granted Lead Plaintiff’s motion

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for appointment as Lead Plaintiff in this securities class action litigation involving Finisar

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Corporation, and appointed its counsel as Lead Counsel; and,

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WHEREAS, by the same Order, the Court also granted Lead Plaintiff’s motion to

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consolidate the two related securities class action cases involving Finisar Corporation, under the

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lower case number 5:11-CV-01252-EJD; and,

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WHEREAS, by the same Order, the Court ordered Defendants and the appointed Lead

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Counsel to meet and confer in order to agree on a schedule for the next stage of the case,

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including the timing of a consolidated complaint and motion to dismiss; and,

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WHEREAS, as ordered, the parties have met and conferred and reached an agreement;
and,

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WHEREAS, Lead Plaintiff proposes for the interests of clarity and efficiency to file a

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consolidated complaint under the caption “In re Finisar Corporation Securities Litigation,” as

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Lead Plaintiff is not the named plaintiff in the case number under which the cases were

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consolidated (5:11-CV-01252-EJD), and Defendants agree that this change would be beneficial;

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and,

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WHEREAS, the parties also suggest and agree that it would serve the interests of judicial

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economy to hold the next Case Management Conference on the same date as the hearing of the

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motion to dismiss,

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IT IS HEREBY STIPULATED THAT:

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1.

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retaining its case number (5:11-CV-01252-EJD).

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The case shall be recaptioned “In re Finisar Corporation Securities Litigation,”

2.

Lead Plaintiff shall file a consolidated complaint under the revised caption on or

before January 13, 2012.
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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING AND CASE CAPTION
Case No. CV 11-1252 EJD HRL

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3.

Defendants shall move to dismiss the consolidated complaint on or before March

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13, 2012, with the motion noticed for hearing on a date to be set by the Court consistent with this

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briefing schedule.

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4.

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16, 2012.

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5.

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6.

The Case Management Conference presently scheduled for December 9, 2011

shall be continued for the same date as the hearing of the motion to dismiss.

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Defendants shall file their reply in support of the motion to dismiss on or before

May 11, 2012.

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Lead Plaintiff shall file its opposition to the motion to dismiss on or before April

Respectfully submitted,
November 2, 2011

ABRAHAM, FRUCHER & TWERSKY, LLP
Ian D. Berg (Bar #263586)
12526 High Bluff Drive, Suite 300
San Diego, CA 92130

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Mitchell M.Z. Twersky
Ximena R. Skovron
One Penn Plaza, Suite 2805
New York, NY 10119

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By: /s/ Ian D. Berg
_____
Attorneys for Lead Plaintiff OKLAHOMA
FIREFIGHTERS PENSION AND RETIREMENT
SYSTEM

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November 2, 2011

DLA PIPER LLP (US)

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By: /s/ David Priebe
Attorneys for Defendants FINISAR
CORPORATION, JERRY S. RAWLS, EITAN
GERTEL, and KURT ADZEMA

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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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The Hearing date on the Motion to Dismiss the Consolidated Complaint is set for June 1, 2012
at 9:00 AM. The Case Management Conference is also set for June 1, 2012 at 10:00 AM. The
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Dated: November _7_, 2011

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____________________________________
EDWARD J. DAVILA
United States District Judge

STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING AND CASE CAPTION
Case No. CV 11-1252 EJD HRL

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ATTESTATION OF AUTHORIZATION FOR ELECTRONIC FILING

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I, David Priebe, am the ECF User whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING OF

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CONSOLIDATED COMPLAINT AND CASE CAPTION. In compliance with General Order

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45, X.B., I hereby attest that Ian D. Berg has concurred in this filing.

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November __, 2011

/s/ David Priebe

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING AND CASE CAPTION
Case No. CV 11-1252 EJD HRL