STIPULATION AND[PROPOSED] ORDER REGARDING ADR CERTIFICATION AND SELECTION PROCESS

PHYLLIS J. HAMILTON, District Judge.

Pursuant to Civil L.R. 16-8 and ADR L.R. 3-5, counsel report that they have met and conferred regarding ADR and have reached the following stipulation:

On August 29, 2011, three shareholder derivative actions were filed purportedly on behalf of Google Inc. ("Google"). The parties subsequently filed a Stipulation and [Proposed] Order Consolidating Actions and Appointing Lead Counsel, which was entered by the Court on September 19, 2011 ("September 19, 2011 Order"). Pursuant to the schedule set in the September 19, 2011 Order, plaintiffs' Consolidated Amended Complaint is due to be filed on October 24, 2011. Defendants intend to file motions to dismiss asserting, among other things, that plaintiffs lack standing to pursue this action. In light of the current procedural posture, the parties respectfully believe that the ADR certification and selection process is premature at this time, particularly given that the operative complaint has not yet been filed and the exact identities of the parties is not yet known. The parties agree that private mediation at some point during the course of this litigation may be appropriate if the Court finds that plaintiffs have standing and that the yet to be filed operative complaint states a claim.

I, Elizabeth C. Peterson, am the ECF user whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER REGARDING ADR CERTIFICATION AND SELECTION PROCESS. In compliance with General Order 45, X.B., I hereby attest that Travis E. Downs III has concurred in this filing.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.