In re Finisar Corporation Securities Litigation

Filing 52

STIPULATION AND ORDER GRANTING Request to Revised Scheduling of Consolidated Complaint re 51 Stipulation. Amended Pleadings due by 1/20/2012. Deadline to File Motion to Dismiss due by 3/16/2012. All other dates in 50 Order remain as previously set: 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 1/6/2012. (ecg, COURT STAFF) (Filed on 1/6/2012)

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ABRAHAM, FRUCHTER
& TWERSKY, LLP
IAN D. BERG (Bar No. 263586)
TAKEO A. KELLAR (Bar No. 234470)
12526 High Bluff Drive, Suite 300
San Diego, CA 92130
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Lead Counsel and Counsel For Lead Plaintiff
for Oklahoma Firefighters Pension and
Retirement System

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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In re FINISAR CORPORATION
SECURITIES LITIGATION

Case No. 11-CV-01252-EJD
Class Action

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STIPULATION AND [PROPOSED]
ORDER REGARDING REVISED
SCHEDULING OF
CONSOLIDATED COMPLAINT

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STIPULATION & [PROPOSED] ORDER REGARDING SCHEDULING
Case No. 11-cv-01252-EJD

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

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

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“Defendants”) hereby stipulate as follows:

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WHEREAS, on November 2, 2011, the Lead Plaintiff and Defendants submitted to the

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Court a Stipulation and [Proposed] Order setting forth a schedule for the timing of a consolidated

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complaint and motion to dismiss;

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WHEREAS, on November 7, 2011, the Court entered an Order accepting the proposed

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schedule as follows: Lead Plaintiff shall file a consolidated complaint before January 13, 2012;

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Defendants shall move to dismiss the consolidated complaint on or before March 13, 2012; Lead

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Plaintiff shall file its opposition to the motion to dismiss on or before April 16, 2012; Defendants

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shall file their reply in support of the motion to dismiss on or before May 11, 2012; and the

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Hearing date on the motion to dismiss the consolidated complaint is set for June 1, 2012, at 9:00

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a.m., with a Case Management Conference to be held on the same day;

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WHEREAS, Lead Plaintiff is experiencing an unexpected delay in the course of its

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investigation, which includes an investigation being conducted in the People’s Republic of

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China; and

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WHERAS, Lead Plaintiff believes, and Defendants do not object, that it would be in the

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best interests of efficiency and Judicial economy to delay slightly the time for Lead Plaintiff to

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file a consolidated complaint, and to adjust the motion to dismiss briefing schedule without

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causing undue delay in the Hearing of the motion by the Court,

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IT IS HEREBY STIPULATED THAT:

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1.

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The time for Lead Plaintiff to file a consolidated complaint shall be extended

from January 13, 2012 to January 20, 2012.
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The time for Defendants to move to dismiss the consolidated complaint shall be

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extended from March 13, 2012 to March 16, 2012, with the motion noticed for a hearing date on

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June 1, 2012, at 9:00 a.m., as previously ordered by the Court.

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

16, 2012, as previously ordered by the Court.
STIPULATION & [PROPOSED] ORDER REGARDING SCHEDULING
Case No. 11-cv-01252-EJD

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

May 11, 2012, as previously ordered by the Court.
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The Case Management Conference will remain set for June 1, 2012, and a Joint

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Case Management Conference Statement shall be filed on or before May 25, 2012, both as

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previously set by the Court.

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Respectfully submitted,

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January 5, 2012
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ABRAHAM, FRUCHER & TWERSKY, LLP
Ian D. Berg (Bar No. 263586)
Takeo A. Kellar (Bar No. 234470)
12526 High Bluff Drive, Suite 300
San Diego, CA 92130

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

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

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January 5, 2012

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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Dated: January __, 2012

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EDWARD J. DAVILA
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United States District Judge
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STIPULATION & [PROPOSED] ORDER REGARDING SCHEDULING
Case No. 11-cv-01252-EJD

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ATTESTATION OF AUTHORIZATION FOR ELECTRONIC FILING

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I, Ian D. Berg, am the ECF User whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER REGARDING REVISED SCHEDULING OF

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CONSOLIDATED COMPLAINT. In compliance with General Order 45, X.B., I hereby attest

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that David Priebe has concurred in this filing.

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/s/ Ian D. Berg

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Ian D. Berg

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STIPULATION & [PROPOSED] ORDER REGARDING SCHEDULING
Case No. 11-cv-01252-EJD

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