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McCasland v. Formfactor

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


February 7, 2008

DANNY MCCASLAND, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
FORMFACTOR, INC., ET AL., DEFENDANT.

The opinion of the court was delivered by: Honorable Susan Illston United States District Judge

Date: February 8, 2008

Time: 2:00 P.M.

Court Room: 10

STIPULATION AND [PROPOSED] ORDER VACATING DATE FOR INITIAL CASE MANAGEMENT CONFERENCE

WHEREAS, the initial complaint in this action was filed on October 31, 2007;

WHEREAS, the Order assigning the action to Judge Illston set an Initial Case Management Conference for February 8, 2008;

WHEREAS, the Order setting the Initial Case Management Conference requires the parties to comply with various procedures, including initial disclosures, and the filing of a Rule 26(f) Report and Joint Case Management Conference Statement, in connection with the Conference;

WHEREAS, this action is subject to the provisions of the Private Securities Litigation Reform Act of 1995 (the "PSLRA");

WHEREAS, the PSLRA requires the appointment of a lead plaintiff and lead counsel to represent plaintiff, provides for the filing of a consolidated amended complaint by the lead plaintiff and counsel for the lead plaintiff, and imposes a discovery stay pending resolution of a motion to dismiss the consolidated amended complaint;

WHEREAS, there has been no appointment of a lead plaintiff or lead counsel in this action, and no consolidated amended complaint has been filed; and

WHEREAS, the procedures to be completed in connection with the Initial Conference are incompatible with the requirements of the PSLRA, and the scheduling of an Initial Case Management Conference in this action is premature;

The parties hereto hereby STIPULATE and AGREE:

1. That the February 8, 2002 Initial Case Management Conference should be taken off calendar; and

2. That the procedures to be completed in connection with the Initial Case Management Conference should be postponed pending any rescheduling of the Initial Case Management Conference.

Dated: January 29, 2008

ORRICK, HERRINGTON & SUTCLIFFE LLP /s/ ROBERT P. VARIAN Attorneys for Defendant

ROBERT P. VARIAN (107459) MICHAEL D. TORPEY (79424) DANIELLE P. VAN WERT (218245) ERIN H. REDING (252691) ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: 415-773-5700 Facsimile: 415-773-5759

Dated: January 29, 2008

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP /s/ Shirley Huang SHIRLEY HUANG Attorneys for Plaintiff

JEFFREY W. LAWRENCE (166806) SHIRLEY H. HUANG (206854) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: 415-288-4545 Facsimile: 415-288-4534

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.

ORRICK HERRINGTON & SUTCLIFFE LLP /s/ Robert P. Varian ROBERT P. VARIAN Attorneys for Defendant

Based on the Stipulation of the parties, and good cause appearing therefore, IT IS HEREBY ORDERED:

1. That the February 8, 2008 date for the Initial Case Management Conference is vacated; and

2. That the parties are not required to comply with the procedures to be completed in connection with the Initial Case Management Conference pursuant to Civil Local Rule 16-2.

Dated January 3, 2008.

20080207

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