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In Re Oclaro

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


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 Class Action filed a

WHEREAS, on September 21, 2012, the Court entered an order in the Oclaro Securities

WHEREAS, on October 4, 2012, the plaintiffs in the Oclaro Securities Class Action filed a

WHEREAS, on January 9, 2013, the Court issued notice in the Oclaro Derivative Litigation Management Statement be filed by March 14, 2013; 2

Action granting in part and denying in part the plaintiffs' Motion for Leave, holding that the 4 plaintiffs had adequately plead scienter as to statements made in May and June 2010, but not as to 5 statements made in July and August 2010; 6

7 ordered that: (i) the parties in the Oclaro Securities Class Action may proceed with focused 8 discovery relating to scienter as to the May and June 2010 statements, to be completed within four 9 months of the order; (ii) early motions for summary judgment shall be filed by June 13, 2013, and 10 are noticed for hearing on July 18, 2013; and (iii) the plaintiffs' third amended complaint shall be 11 filed no later than March 1, 2013; the plaintiffs' third amended complaint; 14 to any complaint; 16 action have agreed that (i) all proceedings in this action shall remain stayed until such time as (a) the 18 defendants file an answer to any complaint in the Oclaro Securities Class Action or (b) the Oclaro 19

Securities Class Action is dismissed in its entirety with prejudice; except that, subject to entry of an 20 appropriate protective order in the Oclaro Securities Class Action and Plaintiffs' agreement to be 21 bound by the terms of such protective order, Defendants shall produce to Plaintiffs in this action 22 certain documents produced to the plaintiffs in the Oclaro Securities Class Action and allow 23

Plaintiffs to attend any deposition taken in the Oclaro Securities Class Action; (ii) Plaintiffs shall 24 have thirty (30) days from the date the stay of proceedings in this action is lifted to file an amended 25 complaint (the "Amended Complaint"); (iii) Defendants shall have thirty (30) days from the date that 26

Plaintiffs file the Amended Complaint to file an answer or otherwise respond; and (iv) the case 27 management conference in this action shall be continued until such time as (a) thirty (30) days after 28

WHEREAS, on January 10, 2013, the Court entered an order in the Oclaro Securities Class

WHEREAS, on January 30, 2013, after conducting a case management conference, the Court

WHEREAS, the defendants in the Oclaro Securities Class Action intend to move to dismiss

WHEREAS, the defendants in the Oclaro Securities Class Action have yet to file an answer

WHEREAS, in an effort to preserve the Court's and the parties' resources, the parties to this Defendants file an answer to the Amended Complaint; (b) thirty (30) days after this Court issues an 2 order denying in any part Defendants' motion to dismiss the Amended Complaint; or (c) such other 3 time as the Court shall order. 4

5 arguments, or defenses otherwise available to the parties in this action. 6

7 stipulate as follows: 8

9 file an answer to any complaint in the Oclaro Securities Class Action or (b) the Oclaro Securities 10

WHEREAS, this Stipulation and Order is without prejudice to, or waiver of any rights,

NOW THEREFORE, the undersigned parties, by and through their counsel of record, hereby

1. All proceedings in this action shall remain stayed until such time as (a) the defendants

Class Action is dismissed in its entirety with prejudice; except that, subject to entry of an appropriate 11 protective order in the Oclaro Securities Class Action and Plaintiffs' agreement to be bound by the 12 terms of such protective order, Defendants shall produce to Plaintiffs in this action certain 13 documents produced to the plaintiffs in the Oclaro Securities Class Action and allow Plaintiffs to 14 attend any deposition taken in the Oclaro Securities Class Action. 15

16 action is lifted to file the Amended Complaint. 17

Complaint to file an answer or otherwise respond. 19

(a) thirty (30) days after Defendants file an Answer to the Amended Complaint; (b) thirty (30) days 21 after this Court issues an order denying in any part Defendants' motion to dismiss the Amended 22

Complaint; or (c) such other time as the Court shall order. A Case Management Statement shall be 23 submitted seven (7) days prior to the scheduled Case Management Conference. 24 25 26 27 28

Plaintiffs shall have thirty (30) days from the date the stay of proceedings in this

3. Defendants shall have thirty (30) days from the date Plaintiffs file the Amended

4. The case management conference in this action is hereby continued until such time as

IT IS SO STIPULATED

ALSTON & BIRD LLP

DATED: Menlo Park, California By: _/s/ Gidon M. Caine _ 4 March [__], 2013 GIDON M. CAINE (Cal. State Bar No. 188110) 275 Middlefield Road Suite 150 Menlo Park, California 94025-4008 Telephone: (650) 838-2000 Facsimile: (650) 838-2001 gidon.caine@alston.com and JESSICA P. CORLEY (pro hac vice) One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3424 Telephone: (404) 881-7000 Facsimile: (404) 881-7777 jessica.corley@alston.com Counsel for Nominal Defendant Oclaro, Inc. JOHNSON & WEAVER, LLP DATED: San Diego, California By: _s/ Frank J. Johnson___________ _ March [__], 2013 FRANK J. JOHNSON (Cal. State Bar No. 17 174882) SHAWN E. FIELDS (Cal. State Bar No. 255267) 110 West A Street Suite 750 San Diego, California 92101 Telephone: (619) 230-0063 Facsimile: (619) 255-1856 frankj@johnsonandweaver.com Counsel for Lead Plaintiff SIGNATURE ATTESTATION I, Gidon M. Caine, am the ECF User whose ID and password are being used to file this

SHARING OF CERTAIN DISCOVERY. In compliance with General Order No. 45, X(B) 7 regarding signatures, I hereby attest that Frank J. Johnson has concurred in this filing. 8

DATED: MARCH [__], 2013 /S/ GIDON M. CAINE 9 GIDON M. CAINE (CAL. STATE BAR NO. 188110)

PURSUANT TO STIPULATION, IT IS SO ORDERED. A Further CMC is set for 8/8/13 11 at 10:30 a.m. An updated joint

CMC statement shall be filed

IT IS SO ORDERED AS MODIFIED

N M. Chen Judge Edward

20130312

© 1992-2013 VersusLaw Inc.



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