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In re Finisar Corp. Derivative Litigation

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 ...


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