Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

City of Ann Arbor Employees' Retirement System v. Accuray Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


October 7, 2009

CITY OF ANN ARBOR EMPLOYEES' RETIREMENT SYSTEM, ON BEHALF OF ITSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
ACCURAY INCORPORATED, EUAN S. THOMSON, ROBERT E. MCNAMARA, WADE B. HAMPTON, TED TU, WAYNE WU, JOHN R. ADLER, JR., AND ROBERT S. WEISS, DEFENDANTS.
MICHAEL WHITTEN, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
ACCURAY INCORPORATED, EUAN S. THOMSON, ROBERT E. MCNAMARA, WADE B. HAMPTON, TED TU, WAYNE WU, JOHN R. ADLER, JR., AND ROBERT S. WEISS, DEFENDANTS.
DOUG BENNINGTON, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
ACCURAY INCORPORATED, EUAN S. THOMSON, ROBERT E. MCNAMARA, WADE B. HAMPTON, TED TU, WAYNE WU, JOHN R. ADLER, JR., AND ROBERT S. WEISS, DEFENDANTS.

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

CLASS ACTION

This Document Relates To:

7. The file in Civil Action No. C-09-03362-CW shall constitute a Master File for every action in the consolidated action. When the document being filed pertains to all actions, the phrase "All Actions" shall appear immediately after the phrase "This Document Relates To:".

When a pleading applies only to some, but not all, of the actions, the document shall list, immediately after the phrase "This Document Relates To:", the docket number for each individual action to which the document applies, along with the last name of the first-listed plaintiff in said action (e.g., "No. C-09-03362-CW (City of Ann Arbor Employees' Retirement System))."

8. The parties shall file a Notice of Related Cases pursuant to Civil Local Rule 3-12 whenever a case that should be consolidated into this action is filed in, or transferred to, this District. If the Court determines that the case is related, the clerk shall:

a) place a copy of this Order in the separate file for such action;

b) serve on plaintiff's counsel in the new case a copy of this Order;

c) direct that this Order be served upon defendants in the new case; and

d) make the appropriate entry in the Master Docket.

LEAD PLAINTIFF'S COUNSEL

9. The Court shall designate a Lead Plaintiff and Lead Plaintiff's Counsel, pursuant to 15 U.S.C. § 77z-1(a)(3)(B) and 15 U.S.C. § 78u-4(a)(3)(B). Lead Plaintiff's Counsel shall have authority to speak for, and enter into agreements on behalf of, plaintiffs in all matters regarding pretrial procedures, discovery, and settlement negotiations. Lead Plaintiff's Counsel shall manage the prosecution of this litigation to avoid duplicative or unproductive activities.

Lead Plaintiff's Counsel shall be responsible for coordination of all activities and appearances on behalf of plaintiffs and for dissemination of notices and orders. Lead Plaintiff's Counsel shall be responsible for communications with the Court.

10. Defendants' counsel may rely upon agreements made with Lead Plaintiff's Counsel. Such agreements shall be binding on all plaintiffs.

PLEADINGS AND MOTIONS

11. No defendant is required to respond to the complaint in any action consolidated into this action, other than a consolidated complaint or a complaint designated as the operative complaint after the appointment of Lead Plaintiff and Lead Plaintiff's Counsel.

12. After the appointment of a Lead Plaintiff, the Lead Plaintiff shall have sixty (60) days to file and serve a consolidated complaint. The consolidated complaint shall be the operative complaint and shall supersede all complaints filed in any of the actions consolidated herein.

13. Defendants shall have sixty (60) days in which to file and serve a motion to dismiss or otherwise respond to the consolidated complaint. If defendants file any motions directed at the consolidated complaint, the opposition and reply briefs shall be filed within sixty and thirty days, respectively, of that response, unless otherwise agreed by the parties.

14. Counsel for the parties shall notify their clients of their document preservation obligations pursuant to the federal securities laws and the Local Rules.

Dated: September 22, 2009

Respectfully submitted,

WILSON SONSINI GOODRICH & ROSATI, Professional Corporation BORIS FELDMAN IGNACIO E. SALCEDA DIANE M. WALTERS MOLLY ARICO 650 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 493-9300 Facsimile: (650) 493-6811 Diane M. Walters Email: dwalters@wsgr.com

Attorneys for Defendants Accuray Incorporated, Euan S. Thomson, Robert E. McNamara, Wade B. Hampton, Ted Tu, Wayne Wu, John R. Adler, Jr., and Robert S. Weiss

Dated: September 22, 2009

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: (415) 288-4545 Facsimile: (415) 288-4534

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SAMUEL H. RUDMAN EVAN J. KAUFMAN 58 South Service Road, Suite 200 Melville, NY 11747 Telephone: (631) 367-7100 Facsimile: (631) 367-1173 Shawn A. Williams Email: ShawnW@csgrr.com Attorneys for Plaintiff City of Ann Arbor Employees' Retirement System

Dated: September 22, 2009

GLANCY BINKOW & GOLDBERG LLP LIONEL Z. GLANCY RICHARD MANISKAS 1801 Avenue of the Stars, Suite 311 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 and LAW OFFICES OF HOWARD G. SMITH HOWARD G. SMITH 3070 Bristol Pike, Suite 112 Bensalem, PA 19020 Telephone: (215) 638-4847 Facsimile: (215) 638-4867 Richard Maniskas Email: rmaniskas@glancylaw.com Attorneys for Plaintiff Michael E. Whitten

Dated: September 22, 2009

GREEN WELLING, P.C. ROBERT S. GREEN 595 Market Street, Suite 2750 San Francisco, CA 94105 Telephone: (415) 477-6700 Facsimile: (415) 477-6710 and SHALOV STONE BONNER & ROCCO LLP RALPH M. STONE THOMAS G. CIARLONE. JR. AMANDA C. SCUDER 485 Seventh Avenue, Suite 1000 New York, NY 10018 Telephone: (212) 239-4340 Facsimile: (212) 239-4310 Robert S. Green Email: cand.uscourts@classcounsel.com Attorneys for Plaintiff Doug Bennington

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

ATTESTATION PURSUANT TO GENERAL ORDER

I, Diane M. Walters, attest that concurrence in the filing of this document has been obtained from the signatories, Shawn A. Williams, Richard Maniskas and Robert S. Green. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 22nd day of September, 2009 at Palo Alto, California.

Diane M. Walters Counsel for Defendants Accuray Incorporated, Euan S. Thomson, Robert E. McNamara, Wade B. Hampton, Ted Tu, Wayne Wu, John R. Adler, Jr., and Robert S. Weiss.

20091007

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.