STIPULATION AND [PROPOSED]ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS
VINCE CHHABRIA, District Judge.
WHEREAS, on August 1, 2014, the Court entered an order granting with leave to amend Defendants' motion to dismiss Lead Plaintiff's First Amended Class Action Complaint for Violation of the Federal Securities Laws and granting Lead Plaintiff twenty-one (21) days to file an amended complaint (Dkt. No. 89);
WHEREAS, on August 8, 2014, the Court issued an order granting Lead Plaintiff's stipulated request to extend the deadline to file its amended complaint until September 12, 2014 (Dkt. No. 91);
WHEREAS, on September 11, 2014, the Court granted Lead Plaintiff's emergency request to extend the deadline to file its amended complaint until September 26, 2014 (Dkt. No. 94);
WHEREAS, on September 26, 2014, Lead Plaintiff filed its Second Amended Class Action Complaint for Violation of the Federal Securities Laws ("Second Amended Complaint") (Dkt. No. 95);
WHEREAS, pursuant to Federal Rule of Civil Procedure 15(a)(3), the last day for Defendants to respond to the Second Amended Complaint is October 14, 2014;
WHEREAS, the parties have met and conferred regarding the schedule for the briefing of Defendants' motion to dismiss the Second Amended Complaint, subject to Court approval, as set forth below;
WHEREAS, in conferring regarding the proposed schedule, the parties considered, among other factors: (1) past experience with these types of lawsuits, (2) counsels' other commitments, (3) affording the parties sufficient time to formulate their arguments to be submitted to the Court, (4) affording the respective parties roughly equivalent preparation periods, and (5) the intervening Thanksgiving holiday;
WHEREAS, the proposed briefing schedule does not affect any existing deadlines set by Court order;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, subject to Court approval, as follows:
(1) Defendants shall file their motion to dismiss no later than October 27, 2014;
(2) Lead Plaintiff shall file its opposition to Defendants' motion to dismiss no later than November 26, 2014;
(3) Defendants shall file their reply memorandum in support of their motion to dismiss no later than December 17, 2014; and
(4) The hearing date for Defendants' motion to dismiss shall be set for January 22, 2015 at 10:00 a.m., or the soonest date thereafter on which the Court is available to hear the motion.
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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