In re Herald, Primeo and Thema Funds Securities Litigation

Filing 116

STIPULATION AS TO WAlVER OF SERVICE; that the Pioneer Defendants agree to Lead Plaintiffs' request to waive (and hereby waive) service of summons and amended complaints in the captioned actions, it being understood and agreed that such waiver is without prejudice to, or waiver of, all defenses (other than the adequacy of service) that the Pioneer Defendants may have in the captioned actions, including, without limitation, all personal and subject matter jurisdictional defenses. Pursuant to the Court's order at its March 30, 2010 hearing, the Pioneer Defendants shall not be required to serve or file any answer or motion challenging the pleadings except as ordered by the Court in a further briefing or answering schedule which will be sought only after all defendants whom Lead Plaintiffs wish to serve are served or waive service, and such defendants as Lead Plaintiffs are unable or unwilling to serve are dismissed from the amended complaints. The Pioneer Defendants and Lead Plaintiff agree to confer with each other and other named defendants regarding the briefing or answering schedule to be proposed to the Court. (Signed by Judge Richard M. Berman on 7/8/10) (pl)