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In re Verifone Holdings, Inc. Securities Litigation

United States District Court, Ninth Circuit

May 2, 2013

In re VERIFONE HOLDINGS, INC. SECURITIES LITIGATION

Robert A. Sacks, (SBN 150146) SULLIVAN & CROMWELL LLP, Los Angeles, CA. Brendan P. Cullen, (SBN 194057) Sverker K. Hogberg, (SBN 244640) Nathaniel L. Green, (SBN 260568) SULLIVAN & CROMWELL LLP, Palo Alto, California. Attorneys for VERIFONE SYSTEMS, INC. and Douglas Bergeron.

Jordan Eth, (SBN 121617) D. Anthony Rodriguez, (SBN 162587) MORRISON & FOERSTER LLP, San Francisco, California. Attorneys for Barry Zwarenstein

Christopher P. Seefer, (SBN 201197) Christopher M. Wood, (SBN 254908) ROBBINS GELLER RUDMAN & DOWD LLP, San Fancisco, CA. Patrick J. Coughlin, (SBN 111070) Francis A. Digiacco, (SBN 265625) ROBBINS GELLER RUDMAN & DOWD LLP, San Diego, CA. Attorneys for Lead Plaintiff National Elevator Industry Pension Fund.

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER AND EXCHANGE INITIAL DISCLOSURES

EDWARD M. CHEN, District Judge.

WHEREAS, on September, 15, 2010, lead plaintiff National Elevator Industry Pension Fund ("plaintiff") filed its Third Amended Consolidated Complaint (Dkt. #262);

WHEREAS, on October 5, 2010, defendants VeriFone Systems, Inc., Douglas Bergeron, and Barry Zwarenstein (collectively, "defendants") filed their Motion to Dismiss plaintiff's Third Amended Complaint (Dkt. #264);

WHEREAS, on March 8, 2011, the Hon. Marilyn H. Patel issued an Amended Memorandum and Order Re: Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint, granting defendants' Motion to Dismiss and dismissing plaintiff's Third Amended Complaint with prejudice ("Order Granting Motion to Dismiss") (Dkt. #275);

WHEREAS, on April 5, 2011, plaintiff filed a Notice of Appeal of Judge Patel's Order Granting Motion to Dismiss with the Court of Appeals for the Ninth Circuit ("Ninth Circuit") (Dkt. #282);

WHEREAS, on December 21, 2012, the Ninth Circuit panel reversed, in part, the Order Granting Motion to Dismiss, and reinstated plaintiff's Third Amended Complaint (Case No. 11-15860, Dkt. #58);

WHEREAS, on January 30, 2013, the Ninth Circuit denied defendants' petition for rehearing en banc (Case No. 11-15860, Dkt. #61);

WHEREAS, on February 8, 2013, the Ninth Circuit issued a mandate in accordance with Fed. R. App. Proc. 41 and Ninth Cir. Rule 41-1 &-2 remanding the action back to the District Court;

WHEREAS, the parties held a Rule 26(f) conference on February 26, 2013;

WHEREAS, the parties participated in a mediation on March 26, 2013;

WHEREAS, the mediation is still ongoing;

WHEREAS, on April 3, 2013, the Court entered a Case Management Conference Order in Reassigned Case, which set a case management conference for June 27, 2013;

WHEREAS, on April 3, 2013, the Court so-ordered the parties' Stipulation and Order Extending Time to Answer, which extended defendants' time to answer until April 30, 2013;

WHEREAS, the parties wish to further extend the time for defendants to answer the complaint and for the parties to exchange their initial disclosures pursuant to Fed. R. Civ. P 26(a)(1);

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between plaintiff and defendants, by and through their respective counsel, that:

1. Defendants will file their answers to the plaintiff's Third Amended Complaint on or before May 20, 2013;

2. Plaintiff and defendants will exchange their initial disclosures pursuant to Fed.R.Civ.P. 26(a)(1) on or before May 20, 2013.

I, Brendan P. Cullen, am the ECF user whose User ID and Password are being used to file this STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO ANSWER AND EXCHANGE INITIAL DISCLOSURES. In compliance with General Order 45, X.B, I hereby attest that the other signatories listed have concurred in this filing.

ORDER

THE FOREGOING STIPULATION IS APPROVED AND IS SO ORDERED.


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