UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
April 5, 2011
IN RE ACCURAY INC. SECURITIES LITIGATION
The opinion of the court was delivered by: The Honorable Claudia Wilken United States District Judge
ROBBINS GELLER RUDMAN & DOWD LLP SHAWN A. WILLIAMS (213113) DANIEL J. PFEFFERBAUM (248631) Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: 415/288-4545 415/288-4534 (fax) email@example.com firstname.lastname@example.org LABATON SUCHAROW LLP CHRISTOPHER J. KELLER JONATHAN GARDNER MARK GOLDMAN 140 Broadway, 34th Floor New York, NY 10005 Telephone: 212/907-0700 212/818-0477 (fax) CKeller@labaton.com JGardner@labaton.com MGoldman@labaton.com Co-Lead Counsel for Plaintiffs
This Document Relates To: STIPULATION AND ORDER REGARDING
SETTLEMENT AND VACATING THE
ALL ACTIONS. APRIL 7, 2011 HEARING AND CASE
(the "Action"), with leave to amend;
WHEREAS, on August 31, 2010, this Court dismissed plaintiffs' [Corrected] Consolidated Class Action Complaint for Violations of the Federal Securities Laws in the above-captioned action
WHEREAS, on October 4, 2010, plaintiffs filed their [Corrected] First Amended Class Action Complaint for Violations of the Federal Securities Laws (the "FAC");
has been completed on this motion;
defendants' motion to dismiss and the case management conference to April 7, 2011 at 2:00 p.m. to allow the parties to continue working with the Honorable Edward Infante (Ret.) regarding a potential resolution of this Action;
on a Stipulation of Settlement to be submitted to the Court no later than April 28, 2011;
settlement for May 12, 2011, or as the motion will be unopposed, the Court may shorten this time at the Court's convenience;
undersigned, subject to Court approval, as follows:
currently scheduled for April 7, 2011 shall be vacated.
WHEREAS, defendants filed a motion to dismiss the FAC on October 14, 2010 and briefing
WHEREAS, on March 14, 2011, by stipulation, the Court continued the hearing on
WHEREAS, the parties have now reached an agreement in principle to settle this Action;
WHEREAS, counsel for plaintiffs and counsel for defendants are currently working together
WHEREAS, the parties request that the Court set a hearing on preliminary approval of the
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
1. The hearing on defendants' motion to dismiss, and the case management conference,
2. Counsel for plaintiffs and counsel for defendants shall submit a Stipulation of Settlement to the Court no later than April 28, 2011.
3. The Court shall schedule a hearing on preliminary approval of the settlement for May 12, 2011 or as soon as is convenient for the Court.
IT IS SO STIPULATED THROUGH COUNSEL OF RECORD.
I, Daniel J. Pfefferbaum, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Settlement And Vacating the April 7, 2011 Hearing And Case Management Conference. In compliance with General Order No. 45, X.B., I hereby attest that Ignacio E. Salceda has concurred in this filing.
Daniel J. Pfefferbaum DANIEL J. PFEFFERBAUM
PURSUANT TO STIPULATION, IT IS SO ORDERED, except that motion to dismiss is denied without prejudice. The Court is not available for a hearing on May 12 or 19.
CERTIFICATE OF SERVICE
I hereby certify that on March 31, 2011, I authorized the electronic filing of the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I caused to be mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List.
I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on March 31, 2011.
s/ Daniel J. Pfefferbaum DANIEL J. PFEFFERBAUM ROBBINS GELLER RUDMAN & DOWD LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: 415/288-4545 415/288-4534 (fax) E-mail: email@example.com
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