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IN RE FINISAR CORP. DERIVATIVE LITIGATION, C-06-07660-RMW-HRL. (2013)

Court: District Court, N.D. California Number: infdco20130418859 Visitors: 4
Filed: Apr. 17, 2013
Latest Update: Apr. 17, 2013
Summary: STIPULATION AND [] ORDER VACATING DEADLINES AND SETTING SCHEDULE FOR FILING OF PRELIMINARY APPROVAL PAPERS CHRISTOPHER M. WOOD, District Judge. WHEREAS, as set forth in the August 24, 2012 Joint Case Management Conference Statement, the parties participated in an all-day mediation on October 11, 2012; WHEREAS, while no agreement was reached to resolve the action at that time, the parties' settlement discussions continued in the ensuing months; WHEREAS, the parties are pleased to report that
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STIPULATION AND [] ORDER VACATING DEADLINES AND SETTING SCHEDULE FOR FILING OF PRELIMINARY APPROVAL PAPERS

CHRISTOPHER M. WOOD, District Judge.

WHEREAS, as set forth in the August 24, 2012 Joint Case Management Conference Statement, the parties participated in an all-day mediation on October 11, 2012;

WHEREAS, while no agreement was reached to resolve the action at that time, the parties' settlement discussions continued in the ensuing months;

WHEREAS, the parties are pleased to report that they have now reached an agreement in principle to resolve this action in its entirety;

WHEREAS, the parties respectfully request that the Court vacate all deadlines currently set in this action, including the April 8, 2013 deadlines for plaintiffs to file a motion to strike pursuant to Fed. R. Civ. P. 12(f)(2) and for defendants to file a motion to amend pursuant to Fed. R. Civ. P. 15(a)(1)(A), so that the parties can finalize a stipulation of settlement and related documents; and

WHEREAS, plaintiffs intend to submit a Motion for Preliminary Approval of Derivative Settlement no later than April 29, 2013.

NOW, THEREFORE, the parties hereby stipulate and agree, subject to this Court's approval, as follows:

1. All deadlines currently set in this action, including the April 8, 2013 deadlines for plaintiffs to file a motion to strike pursuant to Fed. R. Civ. P. 12(f)(2) and for defendants to file a motion to amend pursuant to Fed. R. Civ. P. 15(a)(1)(A), are vacated.

STIPULATED AND AGREED.

ORDER

Based on the above Stipulation of the parties, by and through their counsel of record, and for good cause showing, IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

1. All deadlines currently set in this action, including the April 8, 2013 deadlines for plaintiffs to file a motion to strike pursuant to Fed. R. Civ. P. 12(f)(2) and for defendants to file a motion to amend pursuant to Fed. R. Civ. P. 15(a)(1)(A), are vacated.

IT IS SO ORDERED.

Source:  Leagle

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