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IN RE EXODUS COMMUNICATIONS

United States District Court, N.D. California


September 6, 2005.

IN re EXODUS COMMUNICATIONS, INC. SECURITIES LITIGATION, This Document Relates to: ALL ACTIONS.

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

STIPULATION AND PROPOSED ORDER TO EXTEND TIME FOR UNDERWRITER DEFENDANTS TO ANSWER THE CORRECTED THIRD AMENDED COMPLAINT
WHEREAS the Corrected Third Amended Complaint ("Complaint") in the above-captioned action was filed on April 29, 2005 and electronically served on that date; and

  WHEREAS the Court issued an Order on August 5, 2005 dismissing some, but not all, of the claims asserted against the Underwriter Defendants in the Complaint and instructing the Underwriter Defendants to answer the Complaint by September 6, 2005; and

  WHEREAS in consideration of the length of the Complaint (365 paragraphs), the Underwriter Defendants have requested as a courtesy additional time to prepare their answer and the parties have stipulated to extend the time for the Underwriter Defendants to answer the Complaint in this action through and including September 15, 2005;

  NOW THEREFORE, the parties hereby STIPULATE AND AGREE, and request the Court to order, as follows: Defendants Goldman, Sachs & Co., Merrill Lynch & Co., Morgan Stanley Dean Witter, and J.P. Morgan shall have up to and including September 15, 2005 within which to file an answer to the Complaint.

  ORDER

  The parties having stipulated to extend the time within which defendants Goldman, Sachs & Co., Merrill Lynch & Co., Morgan Stanley Dean Witter, and J.P. Morgan must answer the Corrected Third Amended Complaint, and good cause appearing therefore, the Court ORDERS AS FOLLOWS:

  Absent further Order of the Court, defendants Goldman, Sachs & Co., Merrill Lynch & Co., Morgan Stanley Dean Witter, and J.P. Morgan shall answer the Corrected Third Amended Complaint by September 15, 2005.

  IT IS SO ORDERED.

20050906

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