IN RE IMMERSION CORPORATION SECURITIES LITIGATION.
In re: Immersion Corporation Securities Litigation.
This Document Relates To: ALL ACTIONS.
No. 09-cv-04073-MMC.
United States District Court, N.D. California.
April 8, 2010.
ROBBINS GELLER RUDMAN, & DOWD LLP, WILLOW E. RADCLIFFE (200087), SARAH R. HOLLOWAY (254134), San Francisco, CA, Liaison Counsel for Lead Plaintiff.
BROWER PIVEN, A Professional Corporation, DAVID A.P. BROWER, New York, NY, Lead Counsel for Lead Plaintiff.
FENWICK & WEST LLP, JAY L. POMERANTZ, FELIX S. LEE, JAY L. POMERANTZ, Mountain View, California. FENWICK & WEST LLP, SUSAN S. MUCK, JENNIFER C. BRETAN, San Francisco, CA, Attorneys for Defendants, Immersion Corporation, Victor A., Viegas, Clent Richardson, Stephen, Ambler and Daniel Chavez.
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
MAXINE M. CHESNEY, District Judge.
WHEREAS, on September 2, 2009, this Court issued an order in the above-captioned action setting an Initial Case Management Conference for December 11, 2009.
WHEREAS, on November 16, 2009, this Court issued an order continuing the Case Management Conference until April 30, 2010 and setting a deadline for the Joint Case Management Statement for April 23, 2010.
WHEREAS, on January 12, 2010, this Court issued an order setting forth the following deadlines regarding Lead Plaintiff's Consolidated Complaint and Defendants' motion to dismiss:
(i) Lead Plaintiff shall file a Consolidated Complaint no later than 60 days after Immersion's anticipated restatement is filed with the U.S. Securities and Exchange Commission, but, absent further Order by the Court, in no event later than June 30, 2010;
(ii) Defendants shall move, answer or otherwise respond to the Consolidated Complaint within 60 days after the Consolidated Complaint is filed;
(iii) In the event Defendants move to dismiss the Consolidated Complaint, Lead Plaintiff shall file his opposition to Defendants' motion no later than 60 days after such motion is filed; and
(iv) In the event Defendants move to dismiss the Consolidated Complaint, Defendants shall file any replies to Lead Plaintiff's opposition to the motion to dismiss no later than 40 days after such opposition is filed.
WHEREAS, on February 8, 2010, Immersion filed its anticipated restatement.
WHEREAS, pursuant to the Court's January 12, 2010 Order, Lead Plaintiff's Consolidated Complaint is due April 9, 2010, Defendants' motion to dismiss is due June 8, 2010, Lead Plaintiff's opposition to Defendants motion to dismiss is due August 9, 2010, and Defendants' reply in support of their motion to dismiss is due September 20, 2010.
WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995, unless otherwise ordered by the Court, discovery in this action is stayed during the pendency of any motion to dismiss (15 U.S.C. § 78u-4(b)(3)(B)).
WHEREAS, counsel for Lead Plaintiff and Defendants respectfully submit that good cause exists to vacate the existing April 30, 2010 Case Management Conference and April 23, 2010 Joint Case Management Statement deadlines until such time as the Court has the opportunity to rule on Defendants' motion to dismiss.
IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between undersigned counsel for the parties, that: (i) pursuant to Civil L.R. 16-2, the Case Management Conference scheduled for April 30, 2010 be vacated and rescheduled for a date that is not less than 30 days after the Court's ruling on Defendants' motion to dismiss, or such other time as the Court shall determine to be appropriate; and (ii) the Joint Case Management Statement deadline of April 23, 2010 likewise be deferred.
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PROPOSED ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED THAT:
The Case Management Conference currently set for April 30, 2010 and Joint Case Management Statement deadline currently set for April 23, 2010 are hereby vacated and will be rescheduled at a later time for a date not less than 30 days after the Court rules on Defendants' motion to dismiss. is CONTINUED to November 12, 2010. A Joint Case Management Statement shall be filed no later than November 5, 2010.
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