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In re Utstarcom

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 21, 2009

IN RE UTSTARCOM, INC. SECURITIES LITIGATION

The opinion of the court was delivered by: The Honorable James Ware United States District Judge

IT IS SO ORDERED

Master File No. C-04-4908-JW(PVT)

CLASS ACTION

STIPULATION AND [PROPOSED] ORDER REGARDING ANSWERS TO THE FOURTH AMENDED CONSOLIDATED COMPLAINT

This Document Relates To:

WHEREAS, on May 8, 2009, defendants filed and served their answers to the fourth amended consolidated complaint in this action;

WHEREAS, plaintiffs believe defendants' answers are deficient;

WHEREAS, defendants disagree with plaintiffs' position;

WHEREAS, the parties are meeting and conferring in an attempt to resolve this dispute;

WHEREAS, pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, plaintiffs have 20 days or until May 28, 2009 to file a motion to strike defendants' answers;

WHEREAS, the parties are in the process of scheduling a mediation in an effort to settle the case;

WHEREAS, the parties wish to participate in a mediation before expending time and resources on the dispute referenced above; and

WHEREAS, defendants have agreed to plaintiffs' request for an extension of time to file a motion to strike defendants' answers.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by the parties, through their undersigned counsel as follows:

1. Plaintiffs shall file any motion to strike defendants' answers on or before August 31, 2009, unless otherwise agreed upon by the parties or ordered by the Court.

IT IS SO STIPULATED.

DATED: May 20, 2009

I, Christopher P. Seefer, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Answers to the Fourth Amended Consolidated Complaint. In compliance with General Order No. 45, X.B., I hereby attest that Bahram Seyedin-4 Noor and Jason de Bretteville have concurred in this filing.

CHRISTOPHER P. SEEFER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I hereby certify that on May 20, 2009, 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 May 20, 2009.

Manual Notice List

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20090521

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