Opinion
BORIS FELDMAN, State Bar No. 128838, boris.feldman@wsgr.com, IGNACIO E. SALCEDA, State Bar No. 164017, isalceda@wsgr.com, DIANE M. WALTERS, State Bar No. 148136, dwalters@wsgr.com, DOMINIQUE-CHANTALE ALEPIN, State Bar No. 241648, dalepin@wsgr.com, BRYAN J. KETROSER, State Bar No. 239105, bketroser@wsgr.com, WILSON SONSINI GOODRICH & ROSATI, Professional Corporation, Palo Alto, CA, Attorneys for Defendants, Accuray Inc., Euan S. Thomson, Robert E. McNamara, Wade B. Hampton, Ted Tu, Wayne Wu, John R. Adler, Jr., and Robert S. Weiss.
ROBBINS GELLER RUDMAN & DOWD, Daniel J. Pfefferbaum, San Francisco, CA. Labaton Sucharow LLP, Christopher J. Keller, Jonathan Gardner, Mark Goldman, New York, NY, Co-Lead Counsel for Plaintiffs.
STIPULATION AND ORDER EXTENDING DEFENDANTS' TIME TO FILE REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS
CLAUDIA WILKEN, District Judge.
WHEREAS, Defendants filed a motion to dismiss plaintiffs' [Corrected] Consolidated Class Action Complaint for Violations of the Federal Securities Laws (the "Complaint") in the above-captioned action (the "Action") on February 8, 2010;
WHEREAS, Plaintiffs filed their opposition to Defendants' motion to dismiss on April 1, 2010;
WHEREAS, Defendants' reply memorandum in support of their motion to dismiss is due to be filed on April 22, 2010;
WHEREAS, Defendants have requested, and plaintiffs have agreed to, a one-week extension of time until April 29, 2010 for Defendants to file their reply memorandum, subject to the approval of the Court;
WHEREAS, pursuant to stipulation of the parties, the parties recently requested that the hearing on Defendants' motion to dismiss be continued in light of the parties' agreement to schedule a private mediation, and on April 20, 2010, the Court entered an order granting the request and continuing the hearing until August 12, 2010 at 2:00 p.m.;
WHEREAS, the requested extension for Defendants' reply memorandum will not affect the August 12, 2010 hearing date or the parties' planned mediation;
WHEREAS, the requested extension is not for the purpose of delay and will not prejudice any party;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, subject to Court approval, as follows:
1. Defendants shall file the reply memorandum in support of Defendants' motion to dismiss on or before April 29, 2010.
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Ignacio E. Salceda, am the ECF user whose identification and password are being used to file the STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANTS' TIME TO FILE REPLY MEMORANDUM IN SUPPORT OF MOTION TO DISMISS. In compliance with General Order 45, I hereby attest that Daniel Pfefferbaum has concurred in this filing. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 21st day of April, 2010 at Palo Alto, California.