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Jack Perlmutter, Individually and On v. Intuitive Surgical

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 24, 2011

JACK PERLMUTTER, INDIVIDUALLY AND ON
BEHALF OF ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
INTUITIVE SURGICAL, INC., BENJAMIN GONG, ALEKS CUKIC, JEROME MCNAMARA, MARK J. RUBASH, GARY GUTHART, MARSHALL MOHR, AND LONNIE SMITH,
DEFENDANTS.

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

STIPULATION RE DATE TO FILE AMENDED COMPLAINT AND MOTION TO DISMISS AND [PROPOSED] ORDER

pursuant to the Private Securities Litigation Reform Act of 1995 (the "Reform Act"); defendants on behalf of the purported class; have met and conferred about the merits of the case; notwithstanding the discovery stay imposed by the Reform Act; WHEREAS those discussions have been productive and the parties intend to continue to meet, including, if appropriate, under the auspices of a private mediator; resolution; one week extension of time to file a motion to dismiss (if any) and the opposition thereto would permit the parties to continue their discussions and potentially resolve the case; dismiss or the dates for a reply brief to be filed; and case, justice and judicial economy will best be served if this Court approves the following stipulated and agreed schedule.

WHEREAS on February 15, 2011, a lead plaintiff and lead counsel were appointed WHEREAS prior to that time there was no counsel with authority to negotiate with WHEREAS in the approximately one month since lead counsel was appointed the parties WHEREAS the parties have shared documentary and other evidence regarding the merits WHEREAS the parties are engaged in discussions in an attempt to resolve the case; WHEREAS the parties are mindful of the Court's desire to move this case toward WHEREAS the Court set the following schedule in its February 15, 2011 order:

Amended Complaint: April 1, 2011

Motion to Dismiss: May 16, 2011

Opposition: June 30, 2011

Reply: July 25, 2011

Motion Hearing and CMC August 11, 2011

WHEREAS a two week extension of time for filing am amended complaint (if any) and a WHEREAS the parties proposed schedule will not alter the hearing date on the motion to WHEREAS the parties to this Action agree that under the unique circumstances of thisIT IS THEREFORE STIPULATED, SUBJECT TO THE COURT'S APPROVAL:

The parties shall abide by the following deadlines:

Amended Complaint: April 16, 2011 (two weeks later than previously ordered)

Motion to Dismiss: May 23, 2011 (one week later than previously ordered)

Opposition: July 7, 2011 (one week later than previously ordered)

Reply: July 25, 2011 (no change)

Motion Hearing and CMC: August 11, 2011 (no change)

IT IS SO STIPULATED.

Dated: KEKER & VAN NEST LLP By: Michael D. Celio

ROBERT A. VAN NEST MICHAEL D. CELIO SUYUN KIM Attorneys for Defendants INTUITIVE SURGICAL, INC., BENJAMIN GONG, ALEKS CUKIC, JEROME MCNAMARA, MARK J. RUBASH, GARY GUTHART, MARSHALL MOHR, AND LONNIE SMITH. Dated: ABRAHAM, FRUCHTER & TWERKSY By: (by express permission) IAN BERG Attorneys for Lead Plaintiff ST. LOUIS POLICE RETIREMENT SYSTEM

20110324

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