The opinion of the court was delivered by: Honorable Jeremy Fogel Judge of the U.S. District Court
STIPULATION AND [PROPOSED] ORDER FOR MOTION TO DISMISS BRIEFING SCHEDULE
This Document Relates To: ALL ACTIONS.
WHEREAS, on August 21, 2009, Lead Plaintiffs filed a Third Verified Consolidated Amended Shareholder Derivative Complaint ("Amended Complaint");
WHEREAS, on September 24, 2009, Defendants moved to dismiss the Amended Complaint;
WHEREAS, a Case Management Conference and hearing for Defendants' Motions to Dismiss has been set for February 5, 2010;
WHEREAS, counsel for the parties are in the process of finalizing an agreement in principle that was reached with the assistance of the Honorable William J. Cahill (Ret.) that would resolve the litigation;
WHEREAS, the parties anticipate they will be in a position to submit to the Court shortly a stipulation of settlement and motion for preliminary approval of the proposed settlement; and
WHEREAS, all parties agree that in the interests of judicial economy, Defendants' Motions to Dismiss and the Court's Case Management Conference, both currently scheduled for hearing on February 5, 2010, should be continued.
The parties hereby STIPULATE and AGREE, subject to Court approval, as follows:
1) Lead Plaintiffs shall file an opposition to Defendants' Motions to Dismiss by April 8, 2010;
2) If Defendants file and serve a reply to Lead Plaintiffs' opposition, they will do so by April 16, 2010; and
3) The hearing on Defendants' Motions to Dismiss or other responsive pleading and Case Management Conference shall be set for April 30, 2010 or another day as ordered by the Court.
By executing this Stipulation, the parties have not waived and expressly retain all claims, defenses and arguments whether procedural, substantive or otherwise. This Stipulation is without prejudice to any subsequent motion to stay this action, or any objections or defenses thereto, and this Order is entered ...