UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
November 16, 2009
FRANK HODGES, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, CLASS ACTION PLAINTIFF,
IMMERSION CORPORATION, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Honorable Maxine M. Chesney United States District Judge
STIPULATION AND [PROPOSED] ORDER SETTING HEARING DATE ON MOTIONS TO CONSOLIDATE AND FOR APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF LEAD COUNSEL
WHEREAS there are presently pending in this district five securities class action lawsuits ("Related Actions") brought on behalf of all persons who purchased or otherwise acquired the publicly-traded securities of Immersion Corporation ("Immersion" or the "Company") between May
WHEREAS the Related Actions assert claims pursuant to the Securities Exchange Act of 1934 ("Exchange Act"), and must meet requirements under the Private Securities Litigation Reform
WHEREAS pursuant to the PSLRA, any member of the purported class may move to be appointed as lead plaintiff within 60 days of the published notice of the first-filed action;
timely filed separate motions for appointment as lead plaintiff on November 2, 2009; 3, 2007 and July 1, 2009 (the "Class Period"); Act of 1995 ("PSLRA");
WHEREAS pursuant to the PSLRA, movant John P. Loos and movant Norbert Muller each
WHEREAS movant Norbert Muller noticed a hearing date for his lead plaintiff motion as December 11, 2009;
WHEREAS movant John P. Loos noticed a hearing date for his lead plaintiff motion as December 18, 2009;
they both involve the issues of consolidation of the Related Actions and who will be appointed as 18 lead plaintiff and lead counsel for the putative class;
Movants John P. Loos and Norbert Muller therefore stipulate, subject to Court approval, and by and through their respective counsel, that the Motion for Consolidation, Appointment of Lead Plaintiff and Approval of Selection of Lead Counsel filed by John P. Loos on November 2, 2009, and the Motion for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of Co-Lead Counsel filed by Norbert Muller on November 2, 2009 both be heard on December 18, 2009 at 9:00 a.m. in Courtroom 7 of the Honorable Maxine M. Chesney.
WHEREAS both movants believe that their motions should be heard on the same date as
DATED: November 13, 2009 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DARREN J. ROBBINS TRICIA L. McCORMICK TRICIA L. McCORMICK 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP WILLOW E. RADCLIFFE 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) [Proposed] Liaison Counsel BROWER PIVEN, A Professional Corporation DAVID A.P. BROWER 488 Madison Avenue, Eighth Floor New York, NY 10022 Telephone: 212/501-9000 212/501-0300 (fax) Counsel for Lead Plaintiff Movant John P. Loos
DATED: November 13, 2009 GLANCY BINKOW & GOLDBERG LLP LIONEL Z. GLANCY MICHAEL GOLDBERG 1801 Avenue of the Stars Suite 311 Los Angeles, CA 90067 Telephone: 310/201-9150 310/201-9160 (fax) KIRBY McINERNEY, LLP IRA M. PRESS STEVEN COHN 825 Third Avenue. 16th Floor New York, NY 10022 Telephone: 212/317-2300 212/751-2540 (fax) Attorneys for Movant Norbert Muller and Proposed Co-Lead Counsel
Having considered the stipulation between lead plaintiff movants John P. Loos and Norbert Muller, and good cause appearing therefore, the Court ORDERS as follows:
1. The Motion for Consolidation, Appointment of Lead Plaintiff and Approval of Selection of Lead Counsel filed by John P. Loos on November 2, 2009, and the Motion for Consolidation of Related Actions, Appointment as Lead Plaintiff and Approval of Co-Lead Counsel filed by Norbert Muller on November 2, 2009 both be heard on December 18, 2009 at 9:00 a.m. in Courtroom 7 of the Honorable Maxine M. Chesney.
Pursuant to Stipulation, it is so Ordered.
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