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In re Accuray Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


April 20, 2010

IN RE ACCURAY INC. SECURITIES LITIGATION

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

Master File No. 09-cv

CLASS ACTION

This Document Relates To: STIPULATION AND ORDER ALL ACTIONS. REGARDING CONTINUANCE OF MAY 6, 2010 HEARING AND CASE MANAGEMENT CONFERENCE - AS MODIFIED

WHEREAS, Defendants filed a motion to dismiss plaintiffs' [Corrected] Consolidated Class Action Complaint for Violations of the Federal Securities Laws (the "Complaint") in the above-captioned action (the "Action") on February 8, 2010;

WHEREAS, Plaintiffs filed their opposition to Defendants' motion to dismiss on April 1, 2010; memorandum in support of Defendants' motion to dismiss is due to be filed on April 22, 2010 and will be filed on that date;

WHEREAS, pursuant to the Court's March 26, 2010 Order, Defendants' reply

WHEREAS, pursuant to the Court's March 26, 2010 Order, the hearing regarding Defendants' motion to dismiss is currently set for May 6, 2010 (the "May 6, 2010 Hearing") and a Case Management Conference is also set for May 6, 2010; possibility of a resolution of the Action; litigation expenses and conserve judicial resources and have thus agreed, subject to Court approval, to continue the May 6, 2010 Hearing and Case Management Conference;

WHEREAS, the parties have agreed to schedule a private mediation to explore the

WHEREAS, the parties will endeavor to schedule the mediation promptly;

WHEREAS, in light of the foregoing, the parties would like to avoid unnecessary

WHEREAS, the parties respectfully request that the May 6, 2010 Hearing and Case

Management Conference be taken off calendar and re-set for a date convenient for the Court that is at least ninety (90) days from May 6, 2010; efficiency and will not prejudice any party; undersigned, subject to Court approval, as follows:

WHEREAS, the requested continuance is not for the purpose of delay, promotes judicial THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the

1. Defendants shall file their reply memorandum on April 22, 2010 as set forth in the Court's March 26, 2010 Order; 27

2. The May 6, 2010 Hearing regarding Defendants' motion to dismiss and May 6, 2010 Case Management Conference shall be taken off calendar and re-set for a date convenient for the Court that is at least ninety (90) days from the May 6, 2010 Hearing.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. THE MOTION HEARING AND CASE MANAGEMENT CONFERENCE ARE CONTINUED TO 8/12/2010 AT 2:00 P.M.

ATTESTATION PURSUANT TO GENERAL ORDER 45

I, Ignacio E. Salceda, am the ECF user whose identification and password are being used to file the STIPULATION AND [PROPOSED] ORDER REGARDING CONTINUANCE OF MAY 6, 2010 HEARING AND CASE MANAGEMENT CONFERENCE. In compliance with General Order 45, I hereby attest that Shawn Williams has concurred in this filing. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 16th day of April, 2010 at Palo Alto, California.

20100420

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