STIPULATION AND [PROPOSED] ORDER RE DEFENDANTS' RESPONSES TO THIRD AMENDED COMPLAINT

CLAUDIA WILKEN, District Judge.

WHEREAS, by Order entered August 25, 2011 (Docket No. 59), the Court granted Defendants' motion to dismiss Plaintiffs' Second Consolidated Amended Complaint for Violations of the Federal Securities Laws without prejudice and provided the Court-appointed Lead Plaintiffs thirty (30) days to file an amended complaint;

WHEREAS, on September 15, 2011, the Court entered a Stipulation and Order (Docket No. 61) extending the time for Lead Plaintiffs to file an amended complaint and Defendants' responses thereto;

WHEREAS, on September 28, 2011, this Action was reassigned from the Honorable Jeremy Fogel to the Honorable Thelton E. Henderson (Docket No. 62);

WHEREAS, on October 12, 2011, this Action was reassigned from the Honorable Thelton E. Henderson to the Honorable Claudia Wilken (Docket No. 66);

WHEREAS, on October 13, 2011, the Court entered a Stipulation and Order (Docket No. 68) further extending the time for Lead Plaintiffs to file an amended complaint;

WHEREAS, the Court's October 13, 2011, Stipulation and Order (Docket No. 68) provides that (i) Lead Plaintiffs shall file an amended complaint on or before October 18, 2011; (ii) Defendants shall file a motion to dismiss the amended consolidated complaint, or otherwise respond to the amended complaint on or before November 16, 2011; (iii) in the event Defendants move to dismiss the forthcoming amended complaint, any opposition brief(s) shall be filed on or before December 9, 2011, and any reply brief(s) shall be filed on or before on or before January 9, 2012; and (iv) in the event Defendants move to dismiss the forthcoming amended complaint, Defendants will notice their motion for at least two weeks after January 9, 2012;

WHEREAS, on October 18, 2011, Lead Plaintiffs filed a Third Consolidated Amended Complaint for Violations of the Federal Securities Laws ("Third Amended Complaint") (Docket No. 69);

WHEREAS, the Third Amended Complaint names Christopher Sells ("Sells") as an additional defendant in this Action;

WHEREAS, the parties have met and conferred regarding the impact of the addition of Sells as a defendant on the previously agreed upon schedule for motions to dismiss and are in agreement that all of the Defendants' responses to the Third Amended Complaint, including that of Sells, should be subject to the same briefing schedule;

WHEREAS, counsel for Sells has indicated that, as part of the parties' process for setting an agreed upon schedule for responses to the Third Amended Complaint, Sells will agree to waive personal service of the Third Amended Complaint pursuant to Federal Rule of Civil Procedure 4(d)(3) and is therefore entitled to sixty (60) days within which to file a motion to dismiss or otherwise respond to the Third Amended Complaint;

NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully request that the Court enter an Order as follows:

1. Defendants shall file motions to dismiss the Third Amended Complaint, or otherwise respond to the Third Amended Complaint on or before January 9, 2012;

3. In the event Defendants move to dismiss the Third Amended Complaint, any opposition brief(s) shall be filed on or before February 27, 2012, and any reply brief(s) shall be filed on or before March 23, 2012; and

4. The hearing on any motions to dismiss the Third Amended Complaint shall be set for April 19, 2012 at 2:00 p.m., or as soon as available thereafter.

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.