In re Finisar Corporation Securities Litigation

Filing 72

ORDER GRANTING 71 STIPULATION Regarding Scheduling filed by Kurt Adzema, Jerry S. Rawls, Finisar Corporation, Eitan Gertel. Set/Reset Deadlines as to 70 MOTION to Dismiss First Amended Complaint filed by Kurt Adzema, Finisar Corpora tion, Eitan Gertel, Jerry S. Rawls: Opposition due by 3/20/2013. Reply due by 4/3/2013. Motion Hearing set for 6/28/2013 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 6/21/2013. Case Management Conference set for 6/28/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 2/27/2013. (ecg, COURT STAFF) (Filed on 2/27/2013)

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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
XXXXXXXX
STIPULATION AND [PROPOSED] ORDER
REGARDING SCHEDULING

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DLA PIPER LLP (US)

EAST PALO ALTO

#240631144 (WEST)

STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING
NO. 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 16, 2013, the Court granted Defendants’ motion to dismiss Lead

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Plaintiff’s Consolidated Complaint with leave to amend by February 6, 2013, and set a Case

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Management Conference for March 8, 2013; and,

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WHEREAS, on February 6, 2013, Lead Plaintiff filed its First Amended Complaint; and,

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WHEREAS, on February 20, 2013, Defendants filed a Motion to Dismiss the First

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Amended Complaint; and,

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WHEREAS, Defendants noticed the hearing of the Motion to Dismiss for June 28, 2013,
the earliest available hearing date; and,

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WHEREAS, the parties believe that it would conserve the resources of the parties and the

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Court to hold the Case Management Conference on the same date as the Motion to Dismiss

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hearing, as the parties’ litigation activity between now and that date will be focused on

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completing the briefing of that motion; and,

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WHEREAS, as this is a securities case subject to the Private Securities Litigation Reform

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Act, due to the relative complexity of the issues in the Motion to Dismiss, it would be appropriate

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to allow a brief amount of additional time for the completion of the briefing of the motion, in

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addition to the time periods prescribed by the Local Rules of the Northern District of California;

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and,

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WHEREAS, the proposed extension of the briefing schedule would still result in the
completion of briefing well in advance of the Motion to Dismiss hearing;

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IT IS HEREBY STIPULATED THAT:

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1.

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20, 2013.

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2.

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

April 3, 2012.

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

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DLA PIPER LLP (US)

EAST PALO ALTO

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING
NO. 11-1252-EJD-HRL

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a.m., with a Case Management Conference Statement due one week in advance.

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The Case Management Conference shall be rescheduled to June 28, 2013 at 10:00

Respectfully submitted,
February 26, 2013

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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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DLA PIPER LLP (US)

February 26, 2013

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ABRAHAM, FRUCHER & TWERSKY, LLP
Ian D. Berg (Bar #263586)
12526 High Bluff Drive, Suite 300
San Diego, CA 92130
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: ________, 2013
2/27

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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 AND [PROPOSED] ORDER REGARDING SCHEDULING
NO. 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. In compliance

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

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February 26, 2013

/s/ David Priebe

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DLA PIPER LLP (US)

EAST PALO ALTO

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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING
NO. 11-1252-EJD-HRL