STIPULATION AND [] ORDER EXTENDING THE DEADLINE FOR FILING MOTIONS TO DISMISS

RONALD M. WHYTE, District Judge.

WHEREAS, on January 18, 2012 the parties engaged in a nonbinding mediation before the Honorable Edward A. Infante (Ret.) (the "Mediation") and settlement discussions remain ongoing;

WHEREAS, pursuant to the Stipulation and Order Regarding Case Management Conference and Hearing Date filed on November 9, 2011 (the "November 9 Stipulation and Order"), Dkt. No. 126, Plaintiffs and Defendants filed their Mediation status reports with the Court on January 23, 2012 and January 25, 2012, respectively, Dkt. Nos. 131, 132;

WHEREAS, pursuant to the February 17, 2010 Stipulation and Order Extending the Deadline for Filing Motions to Dismiss, Defendants must file motions to dismiss Plaintiffs' Supplemental Second Amended Consolidated Verified Shareholder Derivative Complaint ("SSAC") or other responsive pleadings by March 2, 2012;

WHEREAS, (1) to facilitate the ongoing settlement discussions, (2) minimize litigation fees and costs, including the significant expense involved in fully briefing and arguing motions to dismiss; and (3) preserve judicial resources, subject to this Court's approval, the parties agree that the time for Defendants to file motions to dismiss the SSAC or other responsive pleadings shall be extended until March 15, 2012; and

WHEREAS, Defendants have not yet reserved a date for the hearing of motions to dismiss and this stipulated extension thus will not affect any scheduled Court date in this case;

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by Plaintiffs, Defendants and Finisar, through their respective counsel of record subject to approval of the Court as follows:

1. Defendants shall file and serve their motions to dismiss the SSAC no later than March 15, 2012.

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IT IS SO STIPULATED

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ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.