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In re Rackable Systems

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


October 21, 2009

IN RE RACKABLE SYSTEMS, INC. SECURITIES LITIGATION

The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Judge

CLASS ACTION THIS DOCUMENT RELATES TO: STIPULATION AND ALL ACTIONS. ORDER REGARDING SCHEDULING MATTERS

WHEREAS, on June 15, 2009, Lead Plaintiffs filed the Amended Complaint for Violations of the Federal Securities Laws ("Amended Complaint");

WHEREAS, on August 4, 2009, the Court entered an order setting a briefing schedule for Defendants' motion to dismiss the Amended Complaint;

WHEREAS, Defendants filed their Motion to Dismiss the Amended Complaint for Violations of the Federal Securities Laws ("Motion to Dismiss") on August 13, 2009;

WHEREAS, Lead Plaintiffs filed their Opposition to Defendants' Motion to Dismiss on September 14, 2009;

WHEREAS, pursuant to a stipulation by the parties, the Court previously entered an order extending the deadline for Defendants' reply brief in support of the Motion to Dismiss to October 21, 2009 and setting the hearing on Defendants' Motion to Dismiss for November 19, 2009 at 2 p.m.; 13

WHEREAS, the parties have met and conferred regarding the briefing schedule for Defendants' reply brief in support of the Motion to Dismiss;

WHEREAS, the parties have agreed to a further extension of the deadline for Defendants' reply brief which does not require any change to the hearing on the Motion to Dismiss; and

NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully request that the Court enter an order, as follows:

1. Defendants shall file their reply brief on or before October 30, 2009.

IT IS SO STIPULATED.

I, Meredith N. Landy, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Scheduling Matters. In compliance with General Order 45, X.B., I hereby attest that Lionel Z. Glancy has concurred in this filing.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20091021

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