STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT AND RESETTING THE INITIAL CASE MANAGEMENT CONFERENCE

PAUL S. GREWAL, Magistrate Judge.

Pursuant to Civil L.R. 16-2(e), Plaintiff Iron Workers Local No. 25 Pension Fund ("Plaintiff") and Defendants Karen A. Smith Bogart, Herbert Chang, Victor K. Lee, Douglas McBurnie, James C. Moyer, Umesh Padval, Jeff Zhou, Michael R. Hsing, Deming Xiao, Maurice Sciammas, Paul Ueunten, C. Richard Neely, Jr. and First Niagara Financial Group, Inc., and Nominal Defendant Monolithic Power Systems, Inc. (collectively "Defendants" and, together with Plaintiff, the "Parties") jointly submit this Stipulation and [Proposed] Order Extending Time for Defendants to Respond to Complaint and Resetting the Initial Case Management Conference. Pursuant to Civil L. R. 6-2(a), this Stipulation is also supported by the Declaration of William S. Freeman, filed herewith.

WHEREAS, Plaintiff filed this action on September 16, 2011 and has agreed that Defendants may have until December 5, 2011 to respond to the complaint;

WHEREAS, the Parties anticipate that one or more Defendants will move to dismiss the complaint, and have further agreed that, in order to permit the Parties to fully brief the issues involved in any such motion, Plaintiff may have until January 19, 2012 to file an opposition to any motion to dismiss and the moving Defendant(s) may have until February 9, 2012 to file any replies;

WHEREAS, Civil L.R. 16-2(a) states that the Initial Case Management Conference shall be set "not less than 90 days after the action was filed" and the Initial Case Management Conference is currently scheduled for November 15, 2011, a date that is only 60 days from the filing of this action;

WHEREAS, the Parties also believe that the date currently set for the Initial Case Management Conference is sooner than would be ideal for the efficient management of the case, and believe that moving the Initial Case Management Conference and combining it with the hearing on the motion(s) to dismiss will conserve judicial resources and allow for a more meaningful discussion of case management issues between the parties and the Court;

WHEREAS, the Parties agree that, subject to the approval of the Court, such hearing and Initial Case Management Conference should take place on February 23, 2012 or as soon thereafter as the Court is available;

WHEREAS, the Parties further agree that all other dates in the Order Setting Initial Case Management Conference and ADR Deadlines should be re-set in conformity with the new Initial Case Management Conference date; and

WHEREAS, there have been no previous time modifications in this case and the requested time modification will not significantly alter the case schedule.

IT IS THEREFORE STIPULATED BY AND BETWEEN THE PARTIES, AS FOLLOWS:

1. Defendants may have until December 5, 2011 to respond to the complaint in this action.

2. In the event any Defendant files a motion to dismiss the complaint, Plaintiff shall have until January 19, 2012 to respond to the motion(s), and the moving Defendant(s) shall have until February 9, 2012 to file a reply.

3. The Initial Case Management Conference may be re-set to coincide with the hearing on any motion to dismiss.

4. The hearing on any motion to dismiss and the Initial Case Management Conference may be set to take place on any date on or after February 23, 2012 that the Court may direct.

5. All other dates in the Order Setting Initial Case Management Conference may be re-set in conformity with the new date for the Initial Case Management Conference.

In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatories below.

PURSUANT TO STIPULATION, IT IS SO ORDERED. The Initial Case Management Conference and the hearing on any motions to dismiss the complaint shall take place at 10:00m. on February 21, 2012.