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DERCHI-RUSSO v. FINISAR CORPORATION, CV 11-1252 EJD HRL. (2011)

Court: District Court, N.D. California Number: infdco20111107994 Visitors: 7
Filed: Nov. 02, 2011
Latest Update: Nov. 02, 2011
Summary: STIPULATION AND [ PROPOSED ] ORDER REGARDING SCHEDULING OF CONSOLIDATED COMPLAINT AND CASE CAPTION EDWARD J. DAVILA, District Judge. STIPULATION Lead Plaintiff Oklahoma Firefighters Pension and Retirement System ("Lead Plaintiff") and Defendants Finisar Corporation, Jerry S. Rawls, Eitan Gertel, and Kurt Adzema (collectively "Defendants") hereby stipulate as follows: WHEREAS, by Order dated October 27, 2011, the Court granted Lead Plaintiff's motion for appointment as Lead Plaintiff in th
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STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING OF CONSOLIDATED COMPLAINT AND CASE CAPTION

EDWARD J. DAVILA, District Judge.

STIPULATION

Lead Plaintiff Oklahoma Firefighters Pension and Retirement System ("Lead Plaintiff") and Defendants Finisar Corporation, Jerry S. Rawls, Eitan Gertel, and Kurt Adzema (collectively "Defendants") hereby stipulate as follows:

WHEREAS, by Order dated October 27, 2011, the Court granted Lead Plaintiff's motion for appointment as Lead Plaintiff in this securities class action litigation involving Finisar Corporation, and appointed its counsel as Lead Counsel; and,

WHEREAS, by the same Order, the Court also granted Lead Plaintiff's motion to consolidate the two related securities class action cases involving Finisar Corporation, under the lower case number 5:11-CV-01252-EJD; and,

WHEREAS, by the same Order, the Court ordered Defendants and the appointed Lead Counsel to meet and confer in order to agree on a schedule for the next stage of the case, including the timing of a consolidated complaint and motion to dismiss; and,

WHEREAS, as ordered, the parties have met and conferred and reached an agreement; and,

WHEREAS, Lead Plaintiff proposes for the interests of clarity and efficiency to file a consolidated complaint under the caption "In re Finisar Corporation Securities Litigation," as Lead Plaintiff is not the named plaintiff in the case number under which the cases were consolidated (5:11-CV-01252-EJD), and Defendants agree that this change would be beneficial; and,

WHEREAS, the parties also suggest and agree that it would serve the interests of judicial economy to hold the next Case Management Conference on the same date as the hearing of the motion to dismiss,

IT IS HEREBY STIPULATED THAT:

1. The case shall be recaptioned "In re Finisar Corporation Securities Litigation," retaining its case number (5:11-CV-01252-EJD).

2. Lead Plaintiff shall file a consolidated complaint under the revised caption on or before January 13, 2012.

3. Defendants shall move to dismiss the consolidated complaint on or before March 13, 2012, with the motion noticed for hearing on a date to be set by the Court consistent with this briefing schedule.

4. Lead Plaintiff shall file its opposition to the motion to dismiss on or before April 16, 2012.

5. Defendants shall file their reply in support of the motion to dismiss on or before May 11, 2012.

6. The Case Management Conference presently scheduled for December 9, 2011 shall be continued for the same date as the hearing of the motion to dismiss.

Respectfully submitted.

ORDER

Pursuant to stipulation, IT IS SO ORDERED.

The Hearing date on the Motion to Dismiss the Consolidated Complaint is set for June 1, 2012 at 9:00 AM. The Case Management Conference is also set for June 1, 2012 at 10:00 AM. The parties' shall file a Joint Case Management Conference statement on or before May 25, 2012.

ATTESTATION OF AUTHORIZATION FOR ELECTRONIC FILING

I, David Priebe, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER REGARDING SCHEDULING OF CONSOLIDATED COMPLAINT AND CASE CAPTION. In compliance with General Order 45, X.B., I hereby attest that Ian D. Berg has concurred in this filing.

Source:  Leagle

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