STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND ADR DEADLINES

SAMUEL CONTI, District Judge.

STIPULATION

WHEREAS, on August 15, 2013, Hua-Chen Lin and Jonathan W. Diamond filed a complaint for violations of the federal securities laws against Ecotality, H. Ravi Brar and Susie Herrmann (the "Lin" action [No. 13-CV-03791]);

WHEREAS, on August 19, 2013, Eric M. Cohen filed a substantially similar complaint against Ecotality, H. Ravi Brar and Susie Herrmann (the "Cohen" action [No. 13-cv-03840]) and, on October 3, 2013, Francis X. Fleming, Jr. filed a substantially similar complaint against H. Ravi Brar and Susie Herrmann (the "Fleming" action [No. 13-cv-45679]);

WHEREAS, on October 15, 2013, six competing movants, including Joseph W. Vale ("Vale"), filed motions to consolidate the Lin, Cohen and Fleming actions, to appoint the movants as lead plaintiff, and to approve the movants' selection of lead counsel;

WHEREAS, on December 13, 2013, the Court issued an order consolidating the Lin, Cohen and Fleming actions, appointing Vale as Lead Plaintiff and approving Vale's selection of Robbins Geller Rudman & Dowd LLP as lead counsel (Dkt. No. 47);

WHEREAS, on December 17, 2013, the Court entered an Order (Dkt. No. 49) setting the schedule for Lead Plaintiff's filing of a consolidated amended complaint and Defendants' response thereto (the "Scheduling Order");

WHEREAS, under the Scheduling Order, Lead Plaintiff shall file a consolidated amended complaint no later than January 31, 2014;

WHEREAS, the Scheduling Order scheduled a hearing on Defendants' motion to dismiss the complaint for June 20, 2014;

WHEREAS, this matter is a class action under the federal securities laws and is subject to a stay of discovery under the Private Securities Litigation Reform Act of 1995. 15 U.S.C. §78u-4(b)(3)(B);

WHEREAS, on January 3, 2014, the Court issued a Notice re: Noncompliance with Court Order in the Cohen action (Dkt. No. 24), which noted that the parties have not filed an ADR Certification Stipulation and [Proposed] Order Selecting an ADR Process or a Notice of Need for ADR Phone Conference;

WHEREAS, a Case Management Conference is currently set for January 24, 2014;

WHEREAS, the parties agree that any case management conference in this matter would be premature and would not benefit the Court or the parties both because discovery is stayed and because lead plaintiff will not file a consolidated complaint until on or before January 31, 2014;

WHEREAS, the parties further agree that, for the same reasons, the selection of an ADR process under Civil Local Rule 16-8 and ADR Local Rule 3-5 would be premature and would not benefit the Court or the parties;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the parties, through their respective counsel, as follows:

1. The January 24, 2014 Case Management Conference shall be taken off calendar, to be rescheduled to July 25, 2014.

2. The deadline for the filing of the ADR Certification and the Stipulation to ADR Process or Notice of Need for ADR Phone Conference shall be extended to 21 days before the continued Case Management Conference, if any.

IT IS SO STIPULATED.

ORDER

Pursuant to the stipulation of the parties, the January 24, 2014 Case Management Conference is taken off calendar and is hereby rescheduled to August 8, 2014. No Case Management Statement is currently due.

Further, the deadline under Civil Local Rule 16-8 and ADR Local Rule 3-5 for the filing of the ADR Certification and the Stipulation to ADR Process or Notice of Need for ADR Phone Conference is hereby extended to 21 days before the continued Case Management Conference, if any.

IT IS SO ORDERED.