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Rudolph v. Utstarcom

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


September 3, 2008

PETER RUDOLPH, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
UTSTARCOM, INC., 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 EXTENSION OF TIME FOR DEFENDANTS TO ANSWER PLAINTIFF'S SECOND AMENDED CLASS ACTION COMPLAINT

Before: Susan Illston

WHEREAS, on May 16, 2008 plaintiff filed his Second Amended Class Action Complaint for Violations of the Federal Securities Law ("Second Amended Complaint");

WHEREAS, on August 21, 2008 the Court granted in part and denied in part Defendants' Motion to Dismiss the Second Amended Complaint;

WHEREAS, on August 22, 2008 the Court issued civil pretrial minutes continuing this matter to November 7, 2008 for a Further Case Management Conference;

WHEREAS, Defendants have filed a Motion to Relate with the Honorable James Ware to consolidate this matter with the matter In re UTStarcom, Inc. Securities Litigation, Case No. 04-9 4908-JW (PVT);

WHEREAS, it is the parties' understanding that the Court wished to suspend activity in this case until after the next Case Management Conference scheduled for November 7, 2008;

WHEREAS, counsel for plaintiff and defendants have met and conferred and have agreed that, in order to prevent any confusion or ambiguity regarding pending deadlines, they would formally stipulate to the extension set forth below for defendants to answer the Second Amended Complaint;

WHEREAS, the parties therefore stipulate that defendants shall answer the Second Amended Complaint by November 17, 2008, which is ten (10) days after the Case Management Conference set for November 7, 2008:

NOW THEREFORE, pursuant to the parties' stipulation and subject to the Court's approval:

(a) Defendants shall answer the Second Amended Complaint on or before November 17, 2008;

IT IS SO STIPULATED.

WILSON SONSINI GOODRICH & ROSATI Professional Corporation BAHRAM SEYEDIN-NOOR Attorneys for Defendants UTSTARCOM, INC., HONG LIANG LU, YING WU,*fn1 MICHAEL SOPHIE, THOMAS TOY, and FRANCIS BARTON FINKELSTEIN, THOMPSON LLP DONALD J. ENRIGHT Attorneys for Plaintiff

ORDER

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 Extension of Time for Defendants to Answer Plaintiff's Second Amended Class Action Complaint. I hereby attest that Donald J. Enright has concurred in this filing.


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