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In re Finisar Corp. Derivative Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


August 21, 2008

IN RE FINISAR CORP. DERIVATIVE LITIGATION

The opinion of the court was delivered by: The Honorable Ronald M. Whyte United States District Judge

STIPULATION AND [] ORDER ENLARGING TIME FOR PLAINTIFFS TO This Document Relates To: FILE THEIR OPPOSITIONS TO DEFENDANTS' MOTION TO DISMISS ALL ACTIONS. SUPPLEMENTAL SECOND AMENDED CONSOLIDATED VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT

WHEREAS, on May 12, 2008, plaintiffs filed the Second Amended Consolidated Verified Shareholder Derivative Complaint in this action;

WHEREAS, on May 21, 2008, plaintiffs filed an Unopposed Motion Pursuant to Federal Rule of Civil Procedure 15(d) to Supplement Plaintiffs' Second Amended Consolidated Verified Shareholder Derivative Complaint;

WHEREAS, on June 3, 2008, the Court issued an Order deeming filed the Supplemental Second Amended Consolidated Verified Shareholder Derivative Complaint ("Complaint");

WHEREAS, pursuant to Stipulation and Order dated June 20, 2008, defendants filed their motions to dismiss the Complaint on July 1, 2008;

WHEREAS, plaintiffs are scheduled to file their oppositions to the motions to dismiss on August 14, 2008;

WHEREAS, plaintiffs have requested an additional five days, until August 19, 2008, to file and serve their oppositions to the motions to dismiss;

WHEREAS, defendants have agreed to this request; and

WHEREAS, the extension will not prejudice or change the September 26, 2008 hearing date in this case.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by plaintiffs and defendants, through their respective counsel of record subject to approval of the Court as follows:

1. Plaintiffs shall file and serve their oppositions to motions to dismiss the Complaint no later than August 19, 2008; and

2. Defendants shall file and serve their replies no later than September 12, 2008.

IT IS SO STIPULATED.

DATED: August 13, 2008

I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Enlarging Time for Plaintiffs to File Their Oppositions to Defendants' Motion to Dismiss Supplemental Second Amended Consolidated Verified Shareholder Derivative Complaint. In compliance with N.D. Cal. Gen. Order 45, X.B., I hereby attest that David Priebe have concurred in this filing.

I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Enlarging Time for Plaintiffs to File Their Oppositions to Derivative Complaint. In compliance with N.D. Cal. Gen. Order 45, X.B., I hereby attest that Lloyd Winawer have concurred in this filing.

ORDER

Having considered the parties' Stipulation, and good cause appearing, the Court hereby GRANTS the parties' Stipulation.

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I hereby certify that on August 13, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List.

I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 13, 2008.

Mailing Information for a Case 5:06-cv-07660-RMW

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Darren Jay Robbins Coughlin Stoia Geller Rudman & Robbins LLP 655 West Broadway Suite 1900 San Diego, CA 92101

20080821

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