STIPULATION AND[PROPOSED] ORDER REGARDING THE FILING OF AN AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO, AND CONTINUING CASE MANAGEMENT CONFERENCE AND ADR DEADLINES

SAMUEL CONTI, District Judge.

STIPULATION

WHEREAS, on September 16, 2014, the Court issued an Order (the "Order") (Dkt. No. 70) granting Defendants' Motion to Dismiss (Dkt. 60) Plaintiffs' Consolidated Amended Complaint;

WHEREAS, the Order dismissed certain of Plaintiffs' claims with prejudice, dismissed the remaining claims with leave to amend, and allowed Plaintiffs 30 days to file an amended complaint;

WHEREAS, the parties have met and conferred about Plaintiffs' anticipated amended complaint and a briefing schedule for Defendants' response thereto;

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, a Case Management Conference is currently set for December 12, 2014 (Dkt. No. 69);

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 Defendants anticipate moving to dismiss Plaintiffs' forthcoming amended complaint;

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. Plaintiffs shall file and serve an amended complaint no later than October 23, 2014. The date of filing shall be deemed the date of service for purposes of Defendants' response.

2. Defendants shall file and serve their response to the amended complaint no later than December 8, 2014.

3. If Defendants' response is a motion to dismiss, Plaintiffs shall file and serve their opposition no later than January 21, 2015.

4. Defendants shall file and serve their reply no later than February 20, 2015.

5. Defendants' motion to dismiss, if any, shall be set for hearing on March 6, 2015.

6. The December 12, 2014 Case Management Conference shall be taken off calendar, to be rescheduled for May 1, 2015.

7. 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, Plaintiffs shall file and serve an amended complaint no later than October 23, 2014.

Defendants shall file and serve a response to the amended complaint no later than December 8, 2014.

If Defendants' response is a motion to dismiss, Plaintiffs shall file and serve an opposition no later than January 21, 2015. Defendants shall file and serve a reply no later than February 20, 2015.

The hearing on Defendants' motion to dismiss, if any, will be held March 6, 2015.

Further, the December 12, 2014 Case Management Conference is taken off calendar and is rescheduled to May 1, 2015. No Case Management Statement is currently due.

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.