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In Re Sunpower Securities

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


September 24, 2012

IN RE SUNPOWER SECURITIES
LITIGATION

The opinion of the court was delivered by: Honorable Richard Seeborg United States District Judge

KESSLER TOPAZ MELTZER BERNSTEIN LITOWITZ BERGER & CHECK, LLP & GROSSMANN LLP RAMZI ABADOU (Bar No. 222567) DAVID R. STICKNEY (Bar No. 188574) ELI R. GREENSTEIN (Bar No. 217945) BENJAMIN GALDSTON (Bar No. 211114) STACEY M. KAPLAN (Bar No. 241989) 12481 High Bluff Drive, Suite 300 ERIK D. PETERSON (Bar No. 257098) San Diego, CA 92130 One Sansome Street, Suite 1850 Tel: (858) 793-0070 San Francisco, CA 94104 Fax: (858) 793-0323 Tel: (415) 400-3000 davids@blbglaw.com Fax: (415) 400-3001 beng@blbglaw.com 6 rabadou@ktmc.com egreenstein@ktmc.com skaplan@ktmc.com epeterson@ktmc.com KAPLAN FOX & KILSHEIMER LLP LAURENCE D. KING (Bar No. 206423) MARIO M. CHOI (Bar No. 243409) 350 Sansome Street, Suite 400 San Francisco, CA 94104 Tel: (415) 772-4700 Fax: (415) 772-4707 12 lking@kaplanfox.com mchoi@kaplanfox.com Attorneys for Lead Plaintiffs Arkansas Teacher Retirement System, Forsta-AP Fonden and Danske Invest Management A/S

(Consolidated)

CLASS ACTION STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION FOR PARTIAL JUDGMENT ON THE PLEADINGS AND REQUEST FOR JUDICIAL NOTICE 2 on the Pleadings (the "Motion") (Docket No. 217) pursuant to Fed. R. Civ. P. 12(c) and 3 WHEREAS, pursuant to Civil Local Rules 7-3(a) and (c), Plaintiffs' opposition brief is 5 currently due September 28, 2012, and Defendants' reply brief is due October 5, 2012; 6 7 falls on September 28, 2012; 8

(Docket No. 153) and includes numerous exhibits, charts and attachments (see Declaration of 11 Schedule for Defendants' Motion for Partial Judgment on the Pleadings and Request for 13 WHEREAS, Plaintiffs believe additional time is appropriate to fully address the issues 15 raised in the Motion and Defendants do not oppose; 16 17 confer in good faith to attempt to narrow the statements and issues in dispute and thus conserve 18 both judicial and party resources; 19 20 among the undersigned parties as follows: 21 Notice by October 19, 2012;

(2) Defendants shall file any reply briefs on or before November 9, 2012; and 24 1:30 p.m., or at such time thereafter that is convenient to the Court, in Courtroom 3, 17th Floor, United States Courthouse, 450 Golden Gate Avenue, San Francisco, California.

WHEREAS, on September 14, 2012, Defendants filed a Motion for Partial Judgment Request for Judicial Notice in Support of Defendants' Motion (Docket No. 218); 4 WHEREAS, the deadline for Plaintiffs' upcoming Motion for Class Certification also WHEREAS, Defendants' Motion challenges 32 separate statements alleged in the First Amended Consolidated Class Action Complaint for Violations of the Federal Securities Laws 10 Erik D. Peterson in Support of the Stipulation and [Proposed] Order Regarding Briefing 12 Judicial Notice); 14

WHEREAS, Plaintiffs believe that additional time will allow the parties to meet and IT IS HEREBY STIPULATED AND AGREED, pursuant to Civil Local Rule 7-12,

(1) Plaintiffs shall file briefs in opposition to the Motion and Request for Judicial 22

(3) The Motion and Request for Judicial Notice shall be heard on November 29, 2012 at 25

ATTESTATION UNDER CIVIL LOCAL RULE 5-1(i)

I, Eli R. Greenstein, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Scheduling Order. In compliance with Civil Local Rule 5-1(i), I 4 attest that Benjamin Galdston, Laurence King and Judson Lobdell have concurred in this filing. 5 6

Dated: September 21, 2012

/s/ Eli R. Greenstein 7

ELI R. GREENSTEIN

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. 10 11

Dated: _____________, 2012

20120924

© 1992-2012 VersusLaw Inc.



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