United States District Court, N.D. California
September 13, 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 TO EXTEND TIME TO ANSWER CORRECTED THIRD AMENDED
COMPLAINT; [PROPOSED] ORDER
WHEREAS the Corrected Third Amended Complaint ("Complaint") in
the above-captioned action was filed on April 29, 2005 and
electronically served on that date;
WHEREAS the Court issued an Order on April 18, 2005 deeming the
defendants' pending motions to dismiss applicable to the
WHEREAS the Court issued an order on August 5, 2005 dismissing
some of the claims asserted against the Underwriter Defendants in
the Complaint and instructing the Underwriter Defendants to
answer the Complaint by September 6, 2005;
WHEREAS on August 30, 2005, the Underwriter Defendants filed a
motion for reconsideration or, in the alternative, for
clarification of the August 5, 2005 Order and, on September 12,
2005, the Court denied the Underwriter Defendants' motion; and
WHEREAS the Underwriter Defendants' answer to the Corrected
Third Amended Complaint currently must be filed on or before
September 15, 2005, which is within three days of the Court's
September 12, 2005 Order; and WHEREAS the parties have stipulated to extend the time for the
Underwriter Defendants to answer the Complaint in this action
through and including October 3, 2005;
NOW THEREFORE, the parties hereby STIPULATE AND AGREE, and
request the Court to order, as follows:
The Underwriter Defendants shall have to and including October
3, 2005 within which to file an answer to the Complaint.
The Underwriter Defendants' time within which to answer the
Corrected Third Amended Complaint is hereby extended to and
including October 3, 2005.
IT IS SO ORDERED.
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