The opinion of the court was delivered by: Hon. Claudia Wilken United States District Judge
STIPULATION AND ORDER REGARDING CONSOLIDATION OF SECURITIES CLASS ACTIONS AND SCHEDULE
Pursuant to Rule 16(d) of the Federal Rules of Civil Procedure, Civil Local Rule 23-1(b), and the Manual for Complex Litigation, Fourth §§ 11.12, 11.21 and 31 (2004), the parties stipulate, and the Court hereby orders, as follows:
CONSOLIDATION OF RELATED CASES
1. The above-captioned actions, City of Ann Arbor Employees' Retirement System v. Accuray, Inc., et al., Case No. C-09-03362-CW, Whitten v. Accuray, Inc., et al., Case No. C-09-7 03637-CW, and Bennington v. Accuray, Inc., et al., Case No. C-09-03813-PJH, are related cases within the meaning of Civil Local Rule 3-12. Pursuant to Federal Rule of Civil Procedure42(a), these cases are hereby consolidated into Civil Action No. C-09-03362-CW for pretrial proceedings before this Court. The consolidated action shall be captioned: "In re Accuray Inc. Securities Litigation."
2. All related actions that are subsequently filed in, or transferred to, this District shall be consolidated into this consolidated action for pretrial purposes. This Order shall apply to every such related action, absent order of the Court. A party that objects to such consolidation, or to any other provision of this Order, must file an application for relief from this Order within thirty (30) days after the date on which a copy of the order is mailed to the party's counsel, pursuant to Paragraph 8, infra.
3. Plaintiff City of Ann Arbor Employees' Retirement System has served its complaint on all defendants. Defendants agree to waive service of the Whitten and Bennington complaints.
4. This Order is entered without prejudice to the rights of any party to apply for severance of any claim or action, for good cause shown.
MASTER DOCKET AND CAPTION
5. The docket in Civil Action No. C-09-03362-CW shall constitute the master docket for this action.
6. Every pleading filed in the consolidated action shall bear the following caption:
IN RE ACCURAY INC. SECURITIES LITIGATION
Master File No. C-09-03362-CW