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Smith v. Bigband Networks

January 23, 2008

DONALD SMITH, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
BIGBAND NETWORKS, INC., AMIR BASSAN-ESKENAZI, AND FREDERICK A. BALL CMC DATE: JANUARY 25, 2008 TIME: 2:00 P.M. DEFENDANTS.



STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Before: Hon. Susan Illston

STIP RE CMC DATE

WHEREAS, this case is a purported class action governed by the provisions of the Private Securities Litigation Reform Act of 1995 ("PSLRA"); WHEREAS, seven other substantially similar class actions are also pending in the Northern District of California:

Mohanty v. Bassan-Eskenazi et al., No. C 07-5101-SBA, filed 10/3/07 (the "Mohanty Action"); and for appointment as Lead Plaintiff pursuant to Section 21(D) of the PSLRA were filed in the 15 first-filed Mohanty Action (Mohanty Action Docket Nos. 12, 15), and are scheduled to be heard on February 5, 2008 before the Honorable Saundra B. Armstrong; class, and because this case will, in all likelihood, be consolidated with the other above-listed cases and transferred to Judge Saundra B. Armstrong, the parties agree that the Case Management Conference currently scheduled for January 25, 2008 at 2:00 p.m. would be premature at this time;

Management Conference currently scheduled for January 25, 2008 at 2:00 p.m. should be taken 25 off calendar and rescheduled at another time convenient for the Court after a lead plaintiff Koesterer v. BigBand Networks, Inc., et al., No. C 07-5168-MMC, filed 10/09/07;

Winston v. BigBand Networks, Inc., et al., No. C 07-5327-MMC, filed 10/18/07;

Luzon v. BigBand Networks, Inc., et al., No. C 07-5637-WHA, filed 11/6/07;

Bernstein v. BigBand Networks, Inc., et al., No. C 07-05819-CRB, filed 11/15/07;

Hammer v. BigBand Networks, Inc., et al., No. C 07-5825-SI, filed 11/16/07; and

Wiltjer v. BigBand Networks, Inc., et al., No. C 08-22-CRB, removed on 1/2/08.

WHEREAS, on December 3, 2007, two motions to consolidate all these similar actions

WHEREAS, because no lead plaintiff has been appointed who can speak for the plaintiff

IT IS HEREBY STIPULATED AND AGREED, by Defendants BigBand Networks, Inc.,

Amir Bassan-Eskenazi and Frederick Ball, and plaintiff Donald Smith, that the Case has been appointed who can speak for the plaintiff class, in the event that this case is ...


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