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Joel Krieger, Individually and On v. Atheros Communications

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


February 16, 2011

JOEL KRIEGER, INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS SIMILARLY SITUATED, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA PLAINTIFF,
v.
ATHEROS COMMUNICATIONS, INC.,
DR. WILLY C. SHIH, DR. TERESA H. MENG, DR. CRAIG H. BARRATT,
ANDREW S. RAPPAPORT, DAN A. ARTUSI, CHARLES E. HARRIS,
MARSHALL L. MOHR, CHRISTINE KING, QUALCOMM INCORPORATED, AND T MERGER SUB, INC.,
DEFENDANTS.

The opinion of the court was delivered by: Lucy H. Koh United States District Judge

ORDER SETTING BRIEFING AND HEARING SCHEDULE ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION

On February 15, 2011, Plaintiff filed a motion for preliminary injunction in the instant action. Plaintiff seeks to enjoin a shareholder vote that is currently scheduled for March 7, 2011, and also seeks an order permitting expedited discovery. In order to permit a timely hearing and ruling on the preliminary injunction motion, the Court hereby sets the following briefing and hearing schedule:

1) Defendant shall file an opposition to Plaintiff's motion for preliminary injunction and expedited discovery no later than Tuesday, February 22, 2011.

2) Plaintiff shall file a reply no later than Thursday, February 24, 2011.

3) The Court will hold a hearing on the motion for preliminary injunction on Tuesday, March 2

1, 2011, at 2 p.m., in Courtroom 4, 5th Floor, of the San Jose Courthouse.

As Defendants have not yet entered an appearance, Plaintiff is ordered to serve this Order on Defendants immediately and to file proof of service with the Court by Thursday, February 17,2011

IT IS SO ORDERED.

United States District Court For the Northern District of California

20110216

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