UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
May 27, 2008
PETER RUDOLPH, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
UTSTARCOM, HONG LIANG LU, YING WU, MICHAEL SOPHIE, THOMAS TOY, AND FRANCIS BARTON, DEFENDANTS.
The opinion of the court was delivered by: The Honorable Susan Illston United States District Court Judge
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' RESPONSE TO PLAINTIFF'S SECOND AMENDED CLASS ACTION COMPLAINT
Date: July 18, 2008 Time: 2:30 p.m.
WHEREAS, on May 16, 2008 plaintiff filed his Second Amended Class Action Complaint for Violations of the Federal Securities Law ("Second Amended Complaint");
otherwise respond to the Second Amended Complaint; b) plaintiff has until June 27, 2008 to file an opposition to the defendants' motion to dismiss; and c) the defendants have until July 3, 2008 6 to file a reply to the plaintiff's opposition;
matter on July 18, 2008;
management conference by two weeks in order to accommodate a medical leave for Terry T. Johnson, counsel for defendants, who will be on medical leave from June 25, 2008 until approximately August 1, 2008;
to the briefing schedule set forth below for defendants' motion to dismiss the Second Amended
WHEREAS, the parties therefore stipulate that: a) defendants shall answer or otherwise respond to the complaint by June 6, 2008; b) plaintiff shall oppose any such answer or response by July 3, 2008; c) defendants shall file their reply to any opposition by July 18, 2008; d) the hearing on defendants' motion to dismiss shall be set for August 1, 2008; and e) the Case Management Conference for this matter shall be rescheduled to August 1, 2008, to coincide with 21 the hearing on the motion to dismiss:
WHEREAS, it is presently set that a) the defendants have until June 5, 2008 to answer or
WHEREAS, the Court has set a Hearing and Case Management Conference for this
WHEREAS, counsel for defendants would like to continue the hearing and case
WHEREAS, counsel for plaintiff and defendants have met and conferred and have agreed Complaint;
NOW THEREFORE, pursuant to the parties' stipulation and subject to the Court's
(a) Defendants shall answer or otherwise respond to the complaint by June 6, 2008;
(b) If and when defendants serve any motion(s) to dismiss the Second Amended Complaint, plaintiff shall oppose any such answer or response by July 3, 2008, and defendants shall file their reply to any opposition by July 18, 2008; and
(c) The hearing on defendants' motion to dismiss shall be set for August 1, 2008;
(d) The Case Management Conference for this matter, currently scheduled for July 18, 2008, shall be rescheduled to August 1, 2008, to coincide with the hearing on the motion to dismiss:
IT IS SO STIPULATED.
PURSUANT TO THIS STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO ORDERED.
I, Bahram Seyedin-Noor, am the ECF User whose identification and password are being used to file the Joint Stipulation and [Proposed] Order Regarding Briefing Schedule for Defendants' Response to Plaintiff's Second Amended Class Action Complaint. I hereby attest that Donald J. Enright has concurred in this filing.
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