Woburn Retirement System v. Omnivision Technologies, Inc. et al

Filing 141

STIPULATION AND ORDER 140 , ***Deadlines terminated. Signed by Judge Ronald M. Whyte on 12/12/12. (jg, COURT STAFF) (Filed on 12/12/2012)

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BARRACK, RODOS & BACINE
STEPHEN R. BASSER (121590)
[e-mail]
SAMUEL M. WARD (216562)
[e-mail]
600 West Broadway, Suite 900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
BRANSTETTER, STRANCH
& JENNINGS, PLLC
J. GERARD STRANCH, IV
[e-mail]
JAMES G. STRANCH, III
[e-mail]
227 Second Avenue N, Fourth Floor
Nashville, TN 37201-1631
Telephone:
[phone]
Facsimile:
[phone]
Co-Lead Counsel for Lead Plaintiffs Oakland County Employees' Retirement System,
Laborers' District Council Contractors' Pension Fund of Ohio, and Woburn Retirement
System and the Proposed Class

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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 OMNIVISION TECHNOLOGIES, INC.
SECURITIES LITIGATION

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This Document Relates To: ALL ACTIONS

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Stipulation & [] Order

) Case No.: 5:11-cv-05235-RMW
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) STIPULATION & []
) ORDER
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The Parties to the above-captioned action, by and through their undersigned counsel,
hereby stipulate that:

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WHEREAS, on October 26, 2011, the first of three securities fraud class actions was

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filed against OmniVision Technologies, Inc., Anson Chan and Aurelio “Ray” Cisneros

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(collectively “Defendants”);

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WHEREAS, on February 21, 2012, the Court entered an order appointing the

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Institutional Investors Group as lead plaintiff, approving the Institutional Investors Group’s

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choice of counsel and consolidating the three securities fraud class actions under the caption In

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re OmniVision Technologies, Inc. Securities Litigation;

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WHEREAS, on April 23, 2012, the Institutional Investors Group filed Lead Plaintiff’s
Consolidated Class Action Complaint;

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WHEREAS, on June 25, 2012, Defendants filed a motion to dismiss Lead Plaintiff’s
Consolidated Class Action Complaint;

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WHEREAS, on October 16, 2012, a Clerk’s Notice was entered scheduling a Case

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Management Conference for December 14, 2012 and requiring a Joint Case Management

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Statement be filed no later than December 7, 2012;

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WHEREAS, on October 26, 2012, the Court heard argument on Defendants’ motion to
dismiss Lead Plaintiff’s Consolidated Class Action Complaint;

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WHEREAS, pursuant to the Private Securities Litigation Reform Act, discovery in this
action is currently stayed;

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WHEREAS, the parties agree that a Case Management Conference will be more
productive if held after resolution of the pending motion to dismiss; and

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WHEREAS the parties respectfully submit that in the interest of conserving judicial
resources, the Case Management Conference should be vacated pending a ruling on Defendants’
Motion to Dismiss.
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Stipulation & [] Order

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THEREFORE, THE PARTIES HEREBY STIPULATE AND REQUEST, subject to

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Court approval, that the Court vacate all deadlines associated with the Clerk’s Notice of

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October 16, 2012 and that the December 14, 2012 Case Management Conference be vacated

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pending a ruling on Defendants’ Motion to Dismiss.

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DATED: December 5, 2012

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Respectfully submitted,
BARRACK, RODOS & BACINE
STEPHEN R. BASSER
SAMUEL M. WARD

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/s/ STEPHEN R. BASSER
STEPHEN R. BASSER

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600 West Broadway, Suite 900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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BRANSTETTER, STRANCH
& JENNINGS, PLLC
J. Gerard Stranch, IV
James G. Stranch, III

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/s/ J. GERARD STRANCH, IV____
J. GERARD STRANCH, IV

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227 Second Avenue North, Fourth Floor
Nashville, TN 37201-1631
Telephone: [phone]
Facsimile: [phone]

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Co-Lead Counsel for Lead Plaintiffs Oakland
County Employees' Retirement System, Laborers'
District Council Contractors' Pension Fund of
Ohio, and Woburn Retirement System and the
Proposed Class

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Stipulation & [] Order

LABATON SUCHAROW LLP
CHRISTOPHER J. KELLER
[e-mail]
JONATHAN GARDNER
[e-mail]
140 Broadway
New York, NY 10005
Telephone: [phone]
Facsimile: [phone]

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Counsel for Lead Plaintiff Woburn Retirement
System

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DATED: December 5, 2012

WILSON SONSINI GOODRICH & ROSATI
Professional Corporation

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/s/ ANGIE YOUNG KIM
ANGIE YOUNG KIM

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Douglas J. Clark
Cynthia A. Dy
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants OmniVision
Technologies, Inc., Shaw Hong, Anson
Chan, and Aurelio “Ray” Cisneros

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I, Stephen R. Basser am the ECF User whose ID and password are being used to file this
Stipulation and [Proposed] Order. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that
all signatories have concurred in this filing.

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/S/ STEPHEN R. BASSER
STEPHEN R. BASSER

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Stipulation & [] Order

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[] ORDER

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Pursuant to the STIPULATION OF THE PARTIES, IT IS HEREBY ORDERED
THAT:
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The Deadlines associated with the Clerk’s Notice of October 16, 2012 are

vacated; and
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The December 14, 2012 Case Management Conference is vacated, to be

rescheduled following resolution of the pending motion to dismiss.

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IT IS SO ORDERED.
DATED:
THE HONORABLE RONALD M. WHYTE
UNITED STATES DISTRICT JUDGE

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Stipulation & ] Order