UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
August 29, 2012
ROBERT A. SCANDLON, JR., ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED,
BLUE COAT SYSTEMS, INC., BRIAN M. NESMITH AND GORDON C. BROOKS,
The opinion of the court was delivered by: Richard Seeborg United States District Judge
Nicole Lavallee (SBN 165755) Anthony D. Phillips (SBN 259688) 2 BERMAN DEVALERIO One California Street, Suite 900 3 San Francisco, CA 94111 Telephone: (415) 433-3200 4 Facsimile: (415) 433-6282 Email: firstname.lastname@example.org 5 email@example.com Liaison Counsel for Lead Plaintiff Inter-Local Pension Fund and 7 6 Proposed Liaison Counsel for the Class 8 Mark S. Willis SPECTOR ROSEMAN KODROFF & 9 WILLIS, P.C. 1101 Pennsylvania Avenue, NW 10 Suite 600 Washington, DC 20004 11 Telephone: (202) 756-3600 Facsimile: (202) 756 3602 12 Email: firstname.lastname@example.org 13 Attorneys for Lead Plaintiff Inter-Local Pension Fund and 14 Proposed Lead Counsel for the Class 15 [Additional Counsel Appear on Signature Page] 16
STIPULATION AND [PROPOSED] ORDER CHANGING SCHEDULED ) DATES FOR MOTION TO DISMISS HEARING AND CASE
MANAGEMENT CONFERENCE CLASS ACTION
2 of the International Brotherhood of Teamsters ("Lead Plaintiff" or "Inter-Local Pension Fund") 3 and defendants Blue Coat Systems, Inc., Brian M. NeSmith and Gordon C. Brooks 4 Court approval, to change the scheduled dates for hearing oral argument on Defendants' Motion 6 Conference. The parties respectfully submit this Stipulation And Proposed Order and the 8 accompanying Declaration Of Andrew D. Abramowitz In Support Of Stipulation And 9 Management Conference ("Abramowitz Declaration"), in accordance with Local Civil Rules 6-11 2 and 7-12. 12
Complaint") on August 30, 2011 (Docket Number ("Dkt.") 1) alleging that Defendants violated 15 federal securities laws; 16 Lead Plaintiff the Inter-Local Pension Fund of the Graphic Communications Conference ("Defendants"), by and through their respective counsel hereby recite and stipulate, subject to 5
To Dismiss Plaintiff's Amended Complaint and for the currently scheduled Case Management 7 [Proposed] Order Changing Scheduled Dates For Motion To Dismiss Hearing And Case 10
WHEREAS plaintiff Robert Scandlon filed a securities class action complaint ("Initial 14 WHEREAS the Initial Complaint alleged claims arising under the Private Securities Litigation Reform Act of 1995 ("PSLRA"); 18
19 motion appointing it Lead Plaintiff and appointing Spector Roseman Kodroff & Willis, P.C. as 20 lead counsel and Berman DeValerio as liaison counsel (Dkt. 41); 21 Briefing Schedule For Responsive Motion(s) And (3) Continuing Case Management 24 WHEREAS, in accordance with the Scheduling Order, Lead Plaintiff filed its First Amended Complaint For Violations Of Federal Securities Laws ("Amended Complaint") on 27 Complaint ("Motion To Dismiss") on April 17, 2012 (Dkt. 46); Lead Plaintiff filed its
WHEREAS, on December 12, 2011, the Court granted the Inter-Local Pension Fund's
WHEREAS, on December 22, 2011, the parties filed and the Court entered a Stipulation And Order (1) Setting Date For Filing Of Amended Class Action Complaint (2) Establishing 23 Conference (the "Scheduling Order") (Dkt. 43); 25
February 21, 2012 (Dkt. 44); Defendants' filed their Motion To Dismiss Plaintiff's Amended opposition on June 15, 2012 (Dkt. 49); and, Defendants' filed their reply on July 18, 2012 (Dkt. 2 54); 3 4 at 1:30 p.m.; 5 6 continuing the scheduled Case Management Conference from September 6, 2012 to September 7
WHEREAS, counsel for Lead Plaintiff has a scheduling conflict on September 13, 2012 9 and has requested that the parties agree to move the hearing date; 10 Court approval; 13
14 economy to continue the scheduled Case Management Conference, currently set for 15
WHEREAS, other than the Case Management Conference, no other events or deadlines 17 are scheduled and pending in the case; 18
WHEREAS, the hearing on the Motion To Dismiss is scheduled for September 13, 2012
WHEREAS, on August 8, 2012, the Clerk of the Court entered a Clerk's Notice 27, 2012 (Dkt. 57); 8
WHEREAS, the next soonest date counsel for Lead Plaintiff is available is October 4, 2012, and Defendants do not object to moving the hearing date to October 4, 2012, subject to 12
WHEREAS, the parties further agree that it will serve the interests of justice and judicial September 27, 2012, until after the Court has ruled on the Motion To Dismiss; 16
Therefore, IT IS HEREBY STIPULATED AND AGREED, by Lead Plaintiff and Defendants, through their respective counsel of record, as follows: 21
1. The parties hereby request that the hearing on the Motion To Dismiss scheduled for September 13, 2012 at 1:30 p.m. be taken off calendar and rescheduled for October 4, 2012 at 1:30 p.m.
2. The parties hereby request that the Case Management Conference scheduled for September 27, 2012 at 10:00 a.m. be taken off calendar pending further order of the Court.
I, Anthony D. Phillips, am the ECF User whose ID and password are being used to file 15 this document. In compliance with General Order 45 X.B., I hereby attest that Katherine L. 16 Henderson has concurred in this filing. 17 18
/s/ Anthony D. Phillips Anthony D. Phillips
IT IS HEREBY ORDERED that:
1. The clerk shall remove the Motion Hearing scheduled for September 13, 2012 at 4 1:30 p.m. from the Court's calendar.
2. The clerk shall schedule a new Motion Hearing for the Motion To Dismiss for 6 October 4, 2012 at 1:30 p.m.;
7 3. The clerk shall remove the Case Management Conference scheduled for 8 September 27, 2012 at 10:00 a.m. from the Court's calendar. 9 4. The clerk will schedule a new Case Management Conference after the Court has 10 ruled on Defendants' Motion To Dismiss.
PURSUANT TO STIPULATION, IT IS SO ORDERED
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