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Curtis and Charlotte Westley, Individually v. Oclaro

June 29, 2011

CURTIS AND CHARLOTTE WESTLEY, INDIVIDUALLY
AND ON BEHALF OF OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
OCLARO, INC., ALAIN COUDER, JERRY TURIN,AND JAMES HAYNES,
DEFENDANTS.



The opinion of the court was delivered by: Hon. Edward M. ChenO United States District Court

STIPULATION AND [PROPOSED] ORDER SCHEDULING FILING OF CONSOLIDATED COMPLAINT BY LEAD PLAINTIFFS, DEFENDANTS' RESPONSE THERETO, AND RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE CLASS ACTION

STIPULATION AND [PROPOSED] ORDER SCHEDULING FILING OF CONSOLIDATED COMPLAINT BY LEAD PLAINTIFFS,

DEFENDANTS' RESPONSE THERETO, AND RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE 3:11-CV-02448-EMC

WHEREAS, Plaintiffs Curtis and Charlotte Westley (collectively, "Plaintiffs"), through their counsel, filed a purported class action complaint ("Complaint") against Defendants Oclaro,Inc., Alain Couder, Jerry Turin, and James Haynes (collectively, "Defendants") in the above-entitled matter on May 19, 2011;

WHEREAS, pursuant to the May 19, 2011 Case Management Conference Order, the Initial Case Management Conference is scheduled for August 30, 2011;

WHEREAS, the Complaint asserts claims under the federal securities laws that are subject to the procedural requirements of the Private Securities Litigation Reform Act of 1995 ("Reform Act"), including those set forth in 15 U.S.C. § 78u-4;

WHEREAS, Defendants presently intend to file a motion to dismiss, which would trigger a stay of discovery under the Reform Act, 15 U.S.C. § 78u-4(b)(3)(B);

WHEREAS, pursuant to the Reform Act, 15 U.S.C. § 78u-4(a)(3), purported class members seeking to serve as Lead Plaintiff in this action must file a motion to be appointed as such no later than July 18, 2011;

WHEREAS, additional putative class action complaints similar to the Complaint may be filed before the July 18 deadline, and the parties may need to consider filing a motion to consolidate;

WHEREAS, in order to avoid the unnecessary expenditure of judicial resources or effort by the parties to this action and the Court prior to filing of the motion(s) for appointment of Lead Plaintiff, the parties to this action have agreed, in the interim prior to the appointment of Lead Plaintiff and subject to the Court's approval, to the continuance of the Initial Case Management Conference and an extension of time for Defendants to respond to the Complaint or any superseding Complaint; and WHEREAS, this Stipulation and Order is without prejudice to, or waiver of, any rights, arguments, or defenses otherwise available to the parties to this action, including, by not limited to, the right to revisit the timing of the below-referenced pleadings and motions once Lead Counsel has been designated by the Court.

NOW THEREFORE, the undersigned parties, by and through their counsel of record, stipulate as follows:

1. Defendants shall have no obligation to respond to the Complaint filed in the above-captioned action;

2. Lead Plaintiff(s) shall have forty-five (45) days after entry of an order appointing Lead Plaintiff(s) to file and serve a consolidated or amended complaint ("Consolidated or Amended Complaint") or to notify Defendants that they shall be proceeding on the original Complaint;

3. Defendants shall file and serve any answer or other response within forty-five (45) days of service of the Consolidated or Amended Complaint or after notification by the Lead Plaintiff(s) that ...


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