UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
February 13, 2008
DONALD SMITH, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
CASE MANAGEMENT BIGBAND NETWORKS, INC., AMIR BASSAN-ESKENAZI, AND FREDERICK A. BALL DEFENDANTS.
STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CONFERENCE CMC Date: February 29, 2008 Time: 2:00 p.m.
Before: Hon. Susan Illston continue the Case Management Conference in this matter, because this case is one of eight substantially similar securities class actions pending in the Northern District of California, and two motions to consolidate all the similar actions and for appointment as Lead Plaintiff pursuant to Section 21(D) of the Private Securities Litigation Reform Act were scheduled to be heard by the Honorable Saundra B. Armstrong on February 5, 2008;
WHEREAS, on January 23, 2008, the parties filed a stipulation requesting that the Court
WHEREAS, on January 24, 2008, this Court rescheduled the Case Management Conference for February 29, 2008; under submission by Judge Armstrong in the first-filed action (Mohanty v. Bassan-Eskenazi et 11 al., No. C 07-5101-SBA, filed 10/3/07), and therefore there is no lead plaintiff; and the seven other substantially similar class actions and transferred to Judge Saundra B. 29, 2008 at 2:00 p.m. would be premature at this time;
WHEREAS, the two motions for consolidation and appointment as Lead Plaintiff are
WHEREAS, the parties believe that this case will, in all likelihood, be consolidated with Armstrong, and thus agree that the Case Management Conference now scheduled for February
IT IS HEREBY STIPULATED AND AGREED, subject to the Court's approval, that the Case Management Conference now scheduled for February 29, 2008 at 2:00 p.m. should be 18 taken off calendar and rescheduled at another time convenient for the Court after a lead plaintiff has been appointed who can speak for the plaintiff class, in the event that this case is not transferred to Judge Saundra B. Armstrong.
Pursuant to Stipulation, it is hereby ordered that the Case Management Conference currently scheduled for February 29, 2008 at 2:00 p.m. should be taken off calendar and rescheduled at 4/11/08 at 2:00
I, Joni Ostler, am the ECF user whose identification and password are being used to file the STIPULATION AND [PROPOSED] ORDER FURTHER CONTINUING CASE MANAGEMENT CONFERENCE. In compliance with General Order 45.X.B, I hereby attest 5 that Arthur L. Shingler has concurred in this filing.
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