UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
June 13, 2008
IN RE THE PMI GROUP, INC. SECURITIES LITIGATION
The opinion of the court was delivered by: The Honorable Susan Illston United States District Judge
STIPULATION AND [PROPOSED] ORDER VACATING DATE FOR INITIAL THIS DOCUMENT RELATES TO: CASE MANAGEMENT CONFERENCE ALL ACTIONS AND REMOVING CASE FROM AUTOMATIC REFERRAL TO THE ADR MULTI-OPTION PROGRAM PURSUANT TO ADR LOCAL RULE 3-3(c)
Management Conference for June 20, 2008; related and consolidated action, Holt v. The PMI Group, Inc. et al., Case No. C-08-1806 SI; parties to comply with various procedures, including initial disclosures, and the filing of a Rule Conference;
Reform Act of 1995 (the "PSLRA") which 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; action, and no consolidated amended complaint has been filed and discovery remains stayed; Initial Case Management Conference are incompatible with the requirements of the PSLRA, and that the scheduling of an Initial Case Management Conference in this action is premature;
Multi-Option program pursuant to ADR L.R. 3-3(c) because the undersigned parties do not believe, at this time, that the Multi-Option program will facilitate resolution of the matter; the course of this litigation, and in the event that the parties elect to pursue ADR options, will contact the Court to provide updates and/or seek guidance as such efforts proceed; request that the Court enter an order, as follows:
WHEREAS, the initial complaint in this action was filed on March 12, 2008;
WHEREAS, the Order assigning the action to Judge Illston set an Initial Case
WHEREAS, an Initial Case Management Conference was set for July 18, 2008, in the
WHEREAS, the Order setting the Initial Case Management Conference requires the 26(f) Report and Joint Case Management Conference Statement, in connection with the
WHEREAS, this action is subject to the provisions of the Private Securities Litigation
WHEREAS, there has been no appointment of a lead plaintiff or lead counsel in this
WHEREAS, the parties believe that the procedures to be completed in connection with the
WHEREAS, the undersigned parties agree that the case should be removed from the ADR
WHEREAS, the parties will discuss ADR options as appropriate on an ongoing basis over
NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully
1. That the June 20, 2008 Initial Case Management Conference should be taken off calendar;
2. That the July 18, 2008 Initial Case Management Conference should be taken off calendar;
3. 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;
4. That the case should be removed from the ADR Multi-Option program.
IT IS SO STIPULATED.
Kimberly D. Holt, Individually and on Behalf of All Others Similarly Situated
I, Meredith N. Landy, am the ECF User whose ID and password are being used to file this Removing Case From Automatic Referral to the ADR Multi-Option Program Pursuant to ADR Local Rule 3-3(c). In compliance with General Order 45, X.B., I hereby attest that Jeffrey W. Lawrence and Alan R. Plutzik have concurred in this filing.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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