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In re Finisar Corp. Derivative Litig.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 29, 2011
Master File No. C-06-07660-RMW (N.D. Cal. Nov. 29, 2011)

Opinion

Master File No. C-06-07660-RMW

11-29-2011

In re FINISAR CORP. DERIVATIVE LITIGATION This Document Relates To: ALL ACTIONS.

ROBBINS GELLER RUDMAN & DOWD LLP SHAWN A. WILLIAMS (213113) CHRISTOPHER M. WOOD (254908) Post Montgomery Center - and - TRAVIS E. DOWNS III (148274) Co-Lead Counsel for Plaintiffs SAXENA WHITE P.A. MAYA SAXENA


ROBBINS GELLER RUDMAN

& DOWD LLP

SHAWN A. WILLIAMS (213113)

CHRISTOPHER M. WOOD (254908)

Post Montgomery Center

- and

TRAVIS E. DOWNS III (148274)

Co-Lead Counsel for Plaintiffs

SAXENA WHITE P.A.

MAYA SAXENA

STIPULATION AND [] ORDER

EXTENDING THE DEADLINE FOR

FILING A MOTION FOR SUBSTITUTION

PURSUANT TO RULE 25(a)

WHEREAS, the Supplemental Second Amended Consolidated Verified Shareholder Derivative Complaint (the "SSAC"), the operative complaint in this matter, was filed on June 3, 2008 (Dkt. Nos. 62-65);

WHEREAS, the SSAC named defendants Jan Lipson and Larry D. Mitchell, among other defendants;

WHEREAS, Larry D. Mitchell passed away on January 22, 2010;

WHEREAS, Jan Lipson passed away on July 18, 2010;

WHEREAS, the parties' Request for Case Management Conference and Joint Case Management Conference Statement, filed on August 19, 2011 (Dkt. No. 112), made note of Mr. Mitchell's and Mr. Lipson's passing, arguably triggering the 90-day period within which any party may file a motion for substitution of a party pursuant to Rule 25(a) of the Federal Rules of Civil Procedure;

WHEREAS, in order to preserve the pending claims, and in light of the parties' upcoming mediation, the parties wish to extend the deadline by which a party must file a motion for substitution pursuant to Rule 25(a), until February 17, 2012; and

WHEREAS, the agreed-upon schedule is not for the purpose of delay, promotes judicial efficiency and will not cause prejudice to any party;

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by plaintiffs, the Lipson 2000 Revocable Trust Under Agreement Dated September 28, 2000 and the Mitchell Revocable Family Trust, through their respective counsel, subject to approval of the Court as follows:

1. The date within which any party must file a motion for substitution pursuant to Rule 25(a) is extended until February 17, 2012.

IT IS SO STIPULATED.

ROBBINS GELLER RUDMAN

& DOWD LLP

SHAWN A. WILLIAMS

CHRISTOPHER M. WOOD

_______________

CHRISTOPHER M. WOOD

Post Montgomery Center

ROBBINS GELLER RUDMAN

& DOWD LLP

TRAVIS E. DOWNS III

SAXENA WHITE P.A.

MAYA SAXENA

JOSEPH E. WHITE

Co-Lead Counsel for Plaintiffs

HOWARD RICE NEMEROVSKI CANADY

FALK & RABKIN, PC.

_______________

SARAH A. GOOD

Attorneys for Defendants

DAVID BUSE, JOHN DRURY, MARK

FARLEY, JOSEPH YOUNG and STEPHEN K.

WORKMAN and for the LIPSON 2000

REVOCABLE TRUST UNDER AGREEMENT

DATED SEPTEMBER 28, 2000

DLA PIPER

DAVID A. PRIEBE

_______________

DAVID A. PRIEBE

Attorneys for Nominal Defendant FINISAR

CORPORATION and the MITCHELL

REVOCABLE FAMILY TRUST

I, Christopher M. Wood, am the ECF User whose identification and password are being used to file the Stipulation and [Proposed] Order Extending the Deadline for Filing a Motion for Substitution Pursuant to Rule 25(a). In compliance with General Order 45.X.B, I hereby attest that Sarah A. Good and David A. Priebe have concurred in this filing.

By: _______________

CHRISTOPHER M. WOOD

ORDER

Having considered the parties' Stipulation, and good cause appearing, the Court hereby GRANTS the parties' Stipulation.

IT IS SO ORDERED.

THE HONORABLE RONALD M. WHYTE

UNITED STATES DISTRICT JUDGE


Summaries of

In re Finisar Corp. Derivative Litig.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 29, 2011
Master File No. C-06-07660-RMW (N.D. Cal. Nov. 29, 2011)
Case details for

In re Finisar Corp. Derivative Litig.

Case Details

Full title:In re FINISAR CORP. DERIVATIVE LITIGATION This Document Relates To: ALL…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Nov 29, 2011

Citations

Master File No. C-06-07660-RMW (N.D. Cal. Nov. 29, 2011)