CLASS ACTION

STIPULATION AND [PROPOSED] ORDER CONTINUING THE HEARING DATE ON DEFENDANTS' MOTION TO DISMISS THE AMENDED CONSOLIDATED COMPLAINT

(Civil L.R. 7-12)

MAXINE M. CHESNEY, District Judge.

WHEREAS, on July 1, 2011, Defendants filed a Notice of Motion and Motion to Dismiss Plaintiff's Amended Consolidated Complaint ("Motion to Dismiss") with a hearing date scheduled in this Court for October 28, 2011 at 9:00 a.m;

WHEREAS, Lead Plaintiff filed his Opposition to Defendants' Motion to Dismiss on September 7, 2011;

WHEREAS, Defendants will file their Reply in Further Support of Defendants' Motion to Dismiss on October 14, 2011;

WHEREAS, subsequent scheduling matters have now raised a conflict with the October 28, 2011 hearing date;

WHEREAS, in light of this scheduling conflict, Defendants have requested and Lead Plaintiff has agreed, subject to the approval of the Court, to continue the hearing date on Defendants' Motion to Dismiss to December 9, 2011 at 9:00 a.m.;

IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between undersigned counsel for the Parties that the hearing on Defendants' Motion to Dismiss currently set for October 28, 2011 at 9:00 a.m. be continued on the Court's calendar to December 9, 2011 at 9:00 a.m. in Courtroom 7, before the Honorable Maxine M. Chesney. Good cause exists for this continuation due to Defendants' counsel conflict with the hearing date.

Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing of this stipulation.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, AND GOOD CAUSE SHOWING, IT IS HEREBY ORDERED THAT the hearing on Defendants' Motion to Dismiss Plaintiff's Amended Consolidated Complaint currently set for October 28, 2011 at 9:00 a.m. be continued on the Court's calendar to December 9, 2011 at 9:00 a.m. in Courtroom 7, before the Honorable Maxine M. Chesney.