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McCasland v. Formfactor

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


February 19, 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

STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE

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

WHEREAS, on November 16, 2007, the Court entered an order granting lead plaintiff sixty (60) days from the issuance of the order appointing lead plaintiff and lead counsel, to file a consolidated complaint, and requiring defendants to answer or otherwise respond to the consolidated complaint no later than sixty (60) days from the date of service of the complaint; motion for consolidation and appointment of lead plaintiff;

WHEREAS, on February 11, 2008, the Court entered an order granting an unopposed

WHEREAS, on February 12, 2008, the Court entered orders in the three individual cases (McCasland v. FormFactor, Inc., et al., Lui v. FormFactor, Inc., et al., and Albertazzi v. FormFactor, Inc., et al.) establishing (1) a March 7, 2008 date for the filing of the amended, consolidated complaint, (2) an April 25, 2008 case management conference, and (3) an April 18, 2008 deadline for a Joint Case Management Conference Statement. The orders do not specify a timeline for defendants' answer or other responsive pleading; the amended complaint(s) would be due ten (10) days following service of the amended complaint(s); appropriate consolidated complaint and that ten (10) days is insufficient time to enable defendants to prepare an appropriate response that would assist the court in reaching a just result; schedule for filing the amended, consolidated complaint and defendants' answer or other responsive pleading as follows: amended, consolidated complaint to file an answer or other responsive pleading; and answer or other responsive pleading to file an opposition; and to file a reply to the opposition.

WHEREAS, plaintiff intends to file a single amended, consolidated complaint;

WHEREAS, pursuant to Federal Rule of Civil Procedure 15(a)(3), defendants' response to

WHEREAS, the parties agree that plaintiff needs additional time in order to file an

WHEREAS, the parties have met and conferred about a reasonable but expeditious

The parties hereto hereby STIPULATE and AGREE:

1. That plaintiff shall file a consolidated, amended complaint on or before April 3, 2008; and

2. That defendants shall have forty-five (45) days after the service of the

3. That plaintiffs shall have forty-five (45) days after the service of the

4. That defendants shall have twenty (20) days after service of the opposition

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

Based on the Stipulation of the parties, and good cause appearing therefore,

IT IS HEREBY ORDERED:

1. That plaintiff shall file the amended, consolidated complaint on or before April 3, 2008;

2. That defendants shall have forty-five (45) days after the service of the amended, consolidated complaint to file an answer or other responsive pleading;

3. That plaintiffs shall have forty-five (45) days after the service of the answer or other responsive pleading to file an opposition; and

4. That defendants shall have twenty (20) days after service of the opposition to file a reply to the opposition.

The initial case management conference shall occur on Friday, 7/18/08 at 2:00 p.m. The joint conference statement shall be filed one week in advance of the conference.

20080219

© 1992-2008 VersusLaw Inc.



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