Free Stipulation - District Court of California - California

Case 3:07-cv-06092-SI

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1 SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP Alan R Plutzik (77785) 2 L Timothy Fisher (191626) 2125 Oak Grove Road, Suite 120 3 Walnut Creek, CA 94598 Telephone: 925-945-0770 4 Facsimile: 925-945-8792 [email protected] 5 [email protected] 6 - and -

7 Richard A. Maniskas (pro hac vice) D. Seamus Kaskela (pro hac vice) 8 280 King of Prussia Road Radnor, PA 19087 9 Telephone: (610) 667-7706 Facsimile: (610) 667-7056 10 Attorneys for Plaintiff 11 [Additional Counsel Appear on Signature Page] 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 VICTOR ALBERTAZZI, on Behalf of Himself and All Others Similarly Situated, 17 Plaintiff, 18 vs. 19 FORMFACTOR, INC., IGOR Y. 20 KHANDROS, RONALD C. FOSTER and RICHARD M. FREEMAN, 21 Defendants. 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS' RESPONSES TO CLASS ACTION COMPLAINT C-07-06092-SI

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Case No. C-07-06092-SI STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS' RESPONSES TO CLASS ACTION COMPLAINT

Case 3:07-cv-06092-SI

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WHEREAS, on December 3, 2007, plaintiff Victor Albertazzi filed a Complaint alleging

2 violations of the federal securities law (the "Complaint") against FormFactor, Inc. ("FormFactor" or 3 the "Company"), Igor Y. Khandros, Ronald C. Foster and Richard M. Freeman; 4 5 WHEREAS, defendants have agreed to accept service through Davis Polk & Wardwell; WHEREAS, on October 31, 2007, Danny McCasland filed a complaint alleging violations of

6 the federal securities laws against FormFactor, Igor Y. Khandros, Ronald C. Foster and Richard M. 7 Freeman in a case styled McCasland v. FormFactor, Inc. et al., No. C-07-05545-SI ("the McCasland 8 litigation") in this Court; 9 WHERAS, on November 16, 2007, this Court entered an order granting the request of the

10 parties to the McCasland litigation to reset the deadlines as requested in this Stipulation (see 11 "SCHEDULE" infra); 12 WHEREAS, the parties in the present matter have met and conferred, and anticipate that

13 motions for the appointment of lead plaintiff and lead counsel will be filed in this case, and that a 14 consolidated complaint will be filed after the Court issues an Order appointing lead plaintiff and lead 15 counsel; 16 WHEREAS, the parties in the present matter agree that it is in the best interest of judicial

17 economy for this litigation to proceed along the same schedule set by this Court in the McCasland 18 litigation; 19 WHEREAS, the parties agree that, pursuant to Civil L.R. 6-1(a), defendants need not respond

20 or otherwise answer the Complaint, lead plaintiff shall have sixty (60) days from the issuance of an 21 order appointing lead plaintiff and lead counsel to file a consolidated complaint, and defendants shall 22 have sixty (60) days after being served with the anticipated consolidated complaint to answer or 23 otherwise respond to the consolidated complaint; 24 WHEREAS, the agreed-upon schedule is not for the purpose of delay, promotes judicial

25 efficiency, and will not cause prejudice to any party. 26 THEREFORE, IT IS STIPULATED AND AGREED by plaintiff and defendants, through

27 their respective counsel of record, as follows: 28
STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS' RESPONSES TO CLASS ACTION COMPLAINT C-07-06092-SI

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SCHEDULE Defendants need not answer or otherwise respond to the Complaint; Lead plaintiff shall have sixty (60) days from the issuance of an order appointing

4 lead plaintiff and lead counsel to file a consolidated complaint; and 5 3. Defendants shall answer or otherwise respond to the anticipated consolidated

6 complaint no later than sixty (60) days from the date of service. 7 IT IS SO STIPULATED. SCHIFFRIN BARROWAY TOPAZ& KESSLER, LLP ALAN PLUTZIK /s/ ALAN PLUTZIK (77785) 2125 Oak Grove Road Suite 120 Walnut Creek, CA 94598 Tel.:(925)945-0770 Fax: 925-945-8792

8 DATED: December 7, 2007 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * * DATED: December 7, 2007

Counsel for Plaintiff

DAVIS POLK & WARDWELL RAJAT SONI /s/ RAJAT SONI (242644)

1600 El Camino Real Menlo Park, CA 94025 Tel.: (650) 752-2027 Fax: (650) 752-3627 Counsel for Defendants *
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STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS' RESPONSES TO CLASS ACTION COMPLAINT C-07-06092-SI

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1 2 IT IS SO ORDERED. 3 4 DATED: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

ORDER

THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT COURT JUDGE

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Attestation Pursuant To General Order 45 I, Alan R. Plutzik, attest that concurrence in the filing of this document has been obtained

3 from the other signatory. I declare under penalty of perjury under the laws of the United States 4 that the foregoing is true and correct. Executed this 7th day of December, 2007 at Walnut Creek, 5 California. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS' RESPONSES TO CLASS ACTION COMPLAINT C-07-06092-SI

/S/ ALAN R. PLUTZIK

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CERTIFICATE OF SERVICE I hereby certify that on December 7, 2007, I electronically filed the foregoing with the

3 Clerk of the Court using the CM/ECF system that will send notification of such a filing to the 4 email addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I 5 have mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 forgoing is true and correct. Executed on December 7, 2007. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER REGARDING DEFENDANTS' RESPONSES TO CLASS ACTION COMPLAINT C-07-06092-SI

/s/ Peggy Toovey

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