Opinion
BORIS FELDMAN, STATE BAR NO. 128838, IGNACIO E. SALCEDA, STATE BAR NO. 164017, DIANE M. WALTERS, STATE BAR NO. 148136, DOMINIQUE-CHANTALE ALEPIN, STATE BAR NO. 241648, BRYAN J. KETROSER, STATE BAR NO. 239105, 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, By: Shawn A. Williams, San Francisco, CA, Labaton Sucharow LLP, Christopher J. Keller, Jonathan Gardner, Mark Goldman, New York, NY, Co-Lead Counsel for Plaintiffs.
STIPULATION AND ORDER REGARDING CONTINUANCE OF MAY 6, 2010 HEARING AND CASE MANAGEMENT CONFERENCE ” AS MODIFIED
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, pursuant to the Court's March 26, 2010 Order, Defendants' reply memorandum in support of Defendants' motion to dismiss is due to be filed on April 22, 2010 and will be filed on that date;
WHEREAS, pursuant to the Court's March 26, 2010 Order, the hearing regarding Defendants' motion to dismiss is currently set for May 6, 2010 (the "May 6, 2010 Hearing") and a Case Management Conference is also set for May 6, 2010;
WHEREAS, the parties have agreed to schedule a private mediation to explore the possibility of a resolution of the Action;
WHEREAS, the parties will endeavor to schedule the mediation promptly;
WHEREAS, in light of the foregoing, the parties would like to avoid unnecessary litigation expenses and conserve judicial resources and have thus agreed, subject to Court approval, to continue the May 6, 2010 Hearing and Case Management Conference;
WHEREAS, the parties respectfully request that the May 6, 2010 Hearing and Case Management Conference be taken off calendar and re-set for a date convenient for the Court that is at least ninety (90) days from May 6, 2010;
WHEREAS, the requested continuance is not for the purpose of delay, promotes judicial efficiency 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 their reply memorandum on April 22, 2010 as set forth in the Court's March 26, 2010 Order;
2. The May 6, 2010 Hearing regarding Defendants' motion to dismiss and May 6, 2010 Case Management Conference shall be taken off calendar and re-set for a date convenient for the Court that is at least ninety (90) days from the May 6, 2010 Hearing.
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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. THE MOTION HEARING AND CASE MANAGEMENT CONFERENCE ARE CONTINUED TO 8/12/2010 AT 2:00 P.M.