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Bruce v. Suntech Power Holdings Co., Ltd.

United States District Court, Ninth Circuit

August 30, 2013

SCOTT BRUCE, individually and on behalf of all others similarly situated, Plaintiff,
v.
SUNTECH POWER HOLDINGS CO., LTD., et al., Defendants.

SHEARMAN & STERLING LLP Stephen D. Hibbard, (SBN 177865) San Francisco, CA, Attorneys for Defendants Suntech Power Holdings Co., Ltd., Zhengrong Shi and David King.

SHEARMAN & STERLING LLP Jerome S. Fortinsky (admitted pro hac vice) H. Miriam Farber, (admitted pro hac vice) New York, NY, Attorneys for Defendants Suntech Power Holdings Co., Ltd., Zhengrong Shi and David King.

COHEN MILSTEIN SELLERS & TOLL PLLC Steven J. Toll, Daniel S. Sommers (admitted pro hac vice), Joshua M. Kolsky, Elizabeth Aniskevich, Washington, D.C., POMERANTZ GROSSMAN HUFFORD DAHLSTROM & GROSS LLP Patrick V. Dahlstrom (admitted pro hac vice) Joshua B. Silverman (admitted pro hac vice) Louis C. Ludwig (admitted pro hac vice) Chicago, Illinois, Co-Lead Counsel for Lead Plaintiffs James Bachesta, Thanh Le and Chen Weifeng.

GLANCY BINKOW & GOLDBERG LLP Michael M. Goldberg, Lionel Z. Glancy, Los Angeles, California, Liaison Counsel for Lead Plaintiffs James Bachesta, Thanh Le and Chen Weifeng

STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND RESET RELATED DEADLINES

RICHARD SEEBORG, District Judge.

Pursuant to Civil Local Rules 16-2 and 7-12, lead plaintiffs James Bachesta, Thanh Le, and Chen Weifeng (collectively, the "Lead Plaintiffs") and defendants Suntech Power Holdings Co., Ltd. ("Suntech"), Zhengrong Shi and David King (collectively, the "Defendants, " and together with the Lead Plaintiffs, the "Parties"), by and through their counsel, hereby agree and stipulate that good cause exists to request an order from the Court rescheduling the Initial Case Management Conference currently set for September 19, 2013 (pursuant to the Clerk's Notice dated January 24, 2013 (Dkt. No. 55)), and adjusting accordingly the related deadlines set forth in this Court's August 1, 2012 Order Setting Initial Case Management Conference and ADR Deadlines (Dkt. No. 5) (the "August 1, 2012 Order").

WHEREAS, on August 1, 2012, the initial putative class action complaint in this consolidated action was filed against Defendants Suntech, Zhengrong Shi, David King, and Amy Yi Zhang, alleging violations of Section 10(b) of the Securities Exchange Act of 1934 ("Exchange Act"), Rule 10b-5 promulgated thereunder, and Section 20(a) of the Exchange Act.

WHEREAS, pursuant to the August 1, 2012 Order, the Initial Case Management Conference was set for November 1, 2012;

WHEREAS, pursuant to a Stipulation and Order dated October 30, 2012 (Dkt. No. 33), the Initial Case Management Conference was continued to February 14, 2013;

WHEREAS, on November 13, 2012, pursuant to the Private Securities Litigation Reform Act of 1995 ("PSLRA"), the Court appointed lead plaintiffs and lead counsel in this action;

WHEREAS, on November 14, 2012, the Court consolidated this action with other related actions for pre-trial purposes;

WHEREAS, on January 24, 2013, the Lead Plaintiffs and Suntech filed a Stipulation and Proposed Order seeking adjournment of the February 14, 2013 date for the Initial Case Management Conference;

WHEREAS, pursuant to the Clerk's Notice dated January 24, 2013, the Initial Case Management Conference was continued to September 19, 2013;

WHEREAS the Lead Plaintiffs' Consolidated Amended Class Action Complaint (the "Amended Complaint") ...


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