UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
June 4, 2009
IN RE SHORETEL, INC. SECURITIES LITIGATION
The opinion of the court was delivered by: The Honorable Charles R. Breyer United States District Court Judge
This Document Relates To: ALL ACTIONS
STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE ON DEFENDANTS' MOTION(S) TO DISMISS SECOND CONSOLIDATED AMENDED CLASS ACTION COMPLAINT
WHEREAS, on March 2, 2009, Lead Plaintiffs Loren Swanson and Art Landesman (collectively, "Plaintiffs") filed their Second Amended Consolidated Class Action Complaint against Defendants ShoreTel, Inc.; John W. Combs, Michael E. Healy, Edwin J. Basart, Mark F. Bregman, Gary J. Daichendt, Thomas Van Overbeek, Kenneth D. Denman, Charles D. Kissner, and Edward Thompson; and Lehman Brothers Inc. and J.P. Morgan Securities Inc. (collectively, "Defendants");
WHEREAS, the action is stayed as to Lehman Brothers Inc. as a result of its liquidation under the Securities Investor Protection Act;
WHEREAS, the deadline for the remaining Defendants to file their responsive pleading(s) or motion(s) to dismiss is June 1, 2009;
WHEREAS, the parties have discussed and agreed upon a briefing schedule and corresponding hearing date for the anticipated motion(s) to dismiss;
THEREFORE, IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the parties, that:
1. Plaintiffs shall file their opposition(s) to Defendants' motion(s) to dismiss no later than June 15, 2009;
2. Defendants shall file their reply brief(s) no later than June 25, 2009;
3. The motion(s) to dismiss shall be scheduled for a hearing on July 17, 2009 at 10:00 a.m., or at a different date convenient for the Court.
Dated: May 20, 2009
FENWICK & WEST LLP Catherine Kevane Attorneys for Defendants ShoreTel, Inc.; John W. Combs; Michael E. Healy;
Edwin J. Basart; Mark F. Bregman; Gary J. Daichendt; Thomas Van Overbeek; Kenneth D. Denman; Charles D. Kissner; and Edward F. Thompson BINGHAM MCCUTCHEN LLP
Charlene S. Shimada Attorneys for Defendant J.P. Morgan Securities Inc. KAHN SWICK & FOTI, LLC
PURSUANT TO STIPULATION, IT IS SO ORDERED.
IT IS SO ORDERED
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