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In Re Oclaro

March 12, 2013

IN RE OCLARO, INC. DERIVATIVE LITIGATION


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

(Derivative Action)

This Document Relates to:

STIPULATION AND [PROPOSED] ALL ACTIONS ORDER SCHEDULING FILING OF AMENDED COMPLAINT AND DEFENDANTS' RESPONSE TO AMENDED COMPLAINT, RESCHEDULING CASE MANAGEMENT CONFERENCE, AND PROVIDING FOR THE SHARING OF CERTAIN DISCOVERY

actions (collectively, the "Oclaro Derivative Litigation") were filed in this Court by Plaintiffs against 3 nominal defendants Oclaro, Inc. ("Oclaro") and certain of its officers and directors (collectively, 4

WHEREAS, on July 20, 2011, the Court issued a separate order consolidating the Oclaro Derivative Litigation under the caption In re Oclaro, Inc. Derivative Litigation, No. 11-cv-03176-7

WHEREAS, the Oclaro Derivative Litigation involved many of the same parties and events as a putative class action that was filed in this Court on May 19, 2011, Westley v. Oclaro, Inc., No. 10

WHEREAS, on November 29, 2011, the Court entered an order staying all proceedings in the Oclaro Derivative Litigation until such time as (a) the defendants file an answer to any complaint 13 in the Oclaro Securities Class Action; or (b) the Oclaro Securities Class Action is dismissed in its 14 entirety with prejudice;

Action granting the defendants' motion to dismiss the plaintiffs' amended complaint without 17 prejudice and allowing the plaintiffs thirty (30) days to file a second amended complaint in that 18 action; second amended complaint; Class Action granting the defendants' motion to dismiss the plaintiffs' second amended complaint 23 without prejudice (the "September 21 Order"); 24

25 motion for leave to seek reconsideration of the September 21 Order ("Motion for Leave"); 26

27 rescheduling the Case Management Conference to March 21, 2013 and providing that a Case 28

WHEREAS, between June 27, 2011 and July 7, 2011, three related shareholder derivative "Defendants"); 5

EMC; 8

3:11-cv-02448-EMC (N.D. Cal.) ("Oclaro Securities Class Action"); 11 WHEREAS, on March 27, 2012, the Court entered an order in the Oclaro Securities Class

WHEREAS, on April 26, 2012, the plaintiffs in the Oclaro Securities ...


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