CLASS ACTION

STIPULATION AND [PROPOSED] ORDER TO CONTINUE JULY 8, 2011 CASE MANAGEMENT CONFERENCE TO JULY 22, 2011 TO COORDINATE WITH HEARING ON MOTIONS FOR PRELIMINARY APPROVAL OF SETTLEMENTS

SAMUEL CONTI, District Judge.

WHEREAS, on July 8, 2010, the Court entered an order staying Case No. C-08-4966 SC (the "Securities Action") to facilitate the parties' efforts to reach a negotiated resolution;

WHEREAS, on August 25, 2010, the parties participated in a mediation with the Honorable Edward A. Infante (Ret.), but did not reach a negotiated resolution of this case;

WHEREAS, since that time, the parties continued their settlement discussions;

WHEREAS, on September 24, 2010, the Court entered an Order relating Case Nos. CV-10-01849-SC, CV-10-03607-SC and CV-10-03627-SC (the "Derivative Actions") to the Securities Action, staying the Derivative Actions pending the Parties' ongoing settlement discussions, and scheduling a case management conference on January 7, 2011;

WHEREAS, on January 7, 2011, the Court entered an Order continuing the case management conference ("CMC") until July 8, 2011 and extending the litigation stay in order to facilitate the parties' ongoing settlement efforts;

WHEREAS, on February 8, 2011, the parties participated in a further mediation session with the Honorable Edward A. Infante (Ret.), which resulted in an agreement in principle for a negotiated resolution of the Securities Action and the Derivative Actions (collectively the "Actions");

WHEREAS, on June 7, 2011, the parties to the Securities Action executed a Stipulation of Settlement ("Securities Stipulation");

WHEREAS, on June 7, 2011, the parties to the Derivative Actions executed a Stipulation of Settlement ("Derivative Stipulation");

WHEREAS, motions to preliminarily approve the settlements reflected in the Securities Stipulation and the Derivative Stipulation are currently calendared for July 22, 2001 before this Court (the "Preliminary Approval Motions");

WHEREAS, on June 20, 2011, the Court denied the joint stipulation submitted by the parties to the Actions to seek an order from the Court shortening the time for the Court to hear the Preliminary Approval Motions;

WHEREAS, in order to conserve the resources of the Court and the parties, many of whom have counsel located outside of the San Francisco Bay Area, the parties to both Actions believe that the July 8, 2011 CMC should be continued to July 22, 2011, at 10:00 a.m., the same date and time as the scheduled hearing on the Preliminary Approval Motions;

WHEREAS, in accordance with Local Rule 6-2(a)(2), the time modifications made to date in the Actions are as follows:

WHEREAS, the parties believe the requested time modification will have no other effect on the current schedule of the litigation of the Actions.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, pursuant to Civil L.R. 6-1(b), by and between the parties, through their respective attorneys of record, based on the foregoing, and subject to the approval of the Court, that:

1. The July 8, 2011 CMC be continued to July 22, 2011, at 10:00 a.m., the same date and time as the hearing on the Preliminary Approval Motions.

PURSUANT TO STIPULATION, IT IS SO ORDERED. The July 8, 2011 CMC is continued to July 22, 2011, at 10:00 a.m.

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I hereby certify that on June 24, 2011, I authorized the electronic filing of the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I caused to be mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List.

I further certify that I caused this document to be forwarded to the following Designated Internet Site at: http://securities.stanford.edu.

I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on June 24, 2011.

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