In re Finisar Corporation Securities Litigation

Filing 55

STIPULATION AND ORDER REGARDING SCHEDULING OF MOTION TO DISMISS CONSOLIDATED COMPLAINT re 54 STIPULATION. Deadline to file Motion to Dismiss due by 3/23/2012. Opposition due by 4/23/2012. Reply due by 5/18/2012. Motion Hearing set for 6/8/2012 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 6/1/2012. Case Management Conference set for 6/8/2012 10:00 AM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 3/16/2012. (ecg, COURT STAFF) (Filed on 3/16/2012)

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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]
DLA PIPER LLP (US)
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
[Additional Counsel On Signature Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In re FINISAR CORPORATION
SECURITIES LITIGATION

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

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DLA PIPER LLP (US)

EAST PALO ALTO

229632619.2 (WEST)

STIPULATION & [PROPOSED] ORDER REGARDING SCHEDULING OF MOTION
TO DISMISS CONSOLIDATED COMPLAINT / CASE NI, CV 11-1252-EJD-HRL

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

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(collectively “Defendants”) and Lead Plaintiff Oklahoma Firefighters Pension and Retirement

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System (“Lead Plaintiff”) hereby stipulate as follows:

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WHEREAS, on January 6, 2012, the Court entered an order, pursuant to the parties’

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stipulation, setting a schedule for the filing of a Consolidated Complaint (the “Complaint”) and

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the briefing of a contemplated motion to discuss the Complaint;

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WHEREAS, on January 20, 2012, in accordance with the Court’s order, Lead Plaintiff
filed the Complaint;

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WHEREAS, Defendants asked Lead Plaintiff for one additional week to file their motion
to dismiss, in order to accommodate recent schedule conflicts arising for its counsel;

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WHEREAS, Lead Plaintiff agreed to this request; and

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WHEREAS, Defendants believe that additional pages of briefing of the motion to dismiss

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is warranted and would be of assistance to the Court, and whereby Lead Plaintiff has no objection

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to additional pages so long as the parties have an equal opportunity to present their respective

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analyses of the standards applicable to federal securities complaints, including under the Private

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Securities Litigation Reform Act of 1995.

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IT IS HEREBY STIPULATED THAT:

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1.

The time for Defendants to file their motion to dismiss shall be extended to March

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23, 2012, with the motion noticed for a hearing date on June 8, 2012, at 9:00 a.m. Defendants

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may file a memorandum of points and authorities of up to thirty five (35) pages.

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2.

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

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23, 2012, to allow for the additional time extended to the Defendants to file their motion. Lead

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Plaintiff may file a memorandum of points and authorities of up to thirty five (35) pages.

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3.

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

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May 18, 2012. Defendants may file a memorandum of points and authorities of up to twenty (20)

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pages.

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DLA PIPER LLP (US)

EAST PALO ALTO

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STIPULATION & [PROPOSED] ORDER REGARDING SCHEDULING OF MOTION
TO DISMISS CONSOLIDATED COMPLAINT / CASE NI, CV 11-1252-EJD-HRL

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4.

The hearing of the motion shall and the Case Management Conference shall be set

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for June 8, 2012, one week later than the current schedule; and a Joint Case Management

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Conference Statement shall be filed on or before June 1, 2012.

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Respectfully submitted,
March 14, 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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March 14, 2012

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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ORDER

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Pursuant to stipulation, IT IS SO ORDERED.

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Dated: March __, 2012

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____________________________________
EDWARD J. DAVILA
United States District Judge

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DLA PIPER LLP (US)

EAST PALO ALTO

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STIPULATION & [PROPOSED] ORDER REGARDING SCHEDULING OF MOTION
TO DISMISS CONSOLIDATED COMPLAINT / CASE NI, 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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March 14, 2012

/s/ David Priebe

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DLA PIPER LLP (US)

EAST PALO ALTO

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STIPULATION & [PROPOSED] ORDER REGARDING SCHEDULING OF MOTION
TO DISMISS CONSOLIDATED COMPLAINT / CASE NI, CV 11-1252-EJD-HRL