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In re Utstarcom

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 ...


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