Free Order - District Court of California - California

Case 4:07-cv-01804-CW

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Eliot A. Adelson, Bar No. 205284 [email protected] KIRKLAND & ELLIS LLP 555 California Street San Francisco, CA 94104 Telephone: 415 439-1400 Facsimile: 415 439-1500 Attorneys for Defendant JAYHAWK CAPITAL MANAGEMENT, L.L.C.; JAYHAWK CHINA FUND (CAYMAN), LTD.; JAYHAWK INVESTMENTS, LP; JAYHAWK INSTITUTIONAL PARTNERS, LP; KENT C. MCCARTHY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

PRIMARIUS CAPITAL, LLC; PRIMARIUS CHINA FUND, LP; PRIMARIUS FOCUS, LP; PRIMARIUS PARTNERS, LP; and PRIMARIUS OFFSHORE PARTNERS LTD., Plaintiffs, v. JAYHAWK CAPITAL MANAGEMENT, LLC; JAYHAWK CHINA FUND (CAYMAN), LTD.; JAYHAWK INVESTMENTS, LP; JAYHAWK INSTITUTIONAL PARTNERS, LP; KENT C. MCCARTHY AND DOES 1 through 100, inclusive, Defendants.

Case No. C 07-01804-CW STIPULATION AND ORDER SETTING BRIEFING SCHEDULE FOR RESPONSES TO PLAINTIFFS' COMPLAINT AS MODIFIED

RECITALS WHEREAS, Plaintiffs filed their Complaint and demand for jury trial on March 30, 2007, and filed their Amended Complaint on June 11, 2007. WHEREAS, Defendants have indicated their intent to file motions to dismiss some or all of Plaintiffs' claims.
STIPULATION SETTING BRIEFING SCHEDULE FOR RESPONSES TO PLAINTIFFS' COMPLAINT C 07-01804-CW

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WHEREAS, the parties have conferred and reached agreement that the complex factual and legal issues presented in Plaintiffs' Amended Complaint necessitate extending the time frames set in the Federal Rules to the dates agreed upon below. WHEREAS, the parties have conferred and reached agreement regarding a briefing schedule setting the dates by which Defendants will answer, move, or otherwise respond to Plaintiffs' Amended Complaint, as well as setting the dates by which Plaintiffs' will respond to any Defendants' motion. WHEREAS, the parties have conferred and reached agreement that Defendants will answer, move or otherwise respond to the complaint by August 15, 2007, Plaintiffs shall respond by October 1, 2007, and, if necessary, Defendants may file a Reply by October 17, 2007. WHEREAS, this action includes claims for securities fraud under the Securities Exchange Act of 1934 which are subject to certain provisions of the Private Securities Litigation Reform Act of 1995 (the "PSLRA"). WHEREAS, the PSLRA includes the following provision: In any private action arising under this chapter [the Securities Exchange Act of 1934], all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. WHEREAS, the court in Medhekar v. District Court, 99 F.3d 325 (9th Cir. 1996) held that the initial disclosure requirements of Rule 26(a) constitute "discovery" for purposes of the PSLRA, and that those disclosures are hence stayed by the PSLRA stay. WHEREAS, a case management conference is scheduled for this matter on July 24, 2007 at 2:00 PM, and no other schedules, orders, or time modification have been issued in this matter. STIPULATION Plaintiffs, through their attorneys of record, and Defendants, through their attorneys of record, hereby stipulate to the following schedule, and request that the Court make this stipulation an order of the Court: 1. Defendants shall answer or otherwise respond to Plaintiffs complaint no later than
C 07-01804-CW

STIPULATION SETTING BRIEFING SCHEDULE FOR RESPONSES TO PLAINTIFFS' COMPLAINT

Case 4:07-cv-01804-CW

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August 15, 2007, 2. 3. 4. Plaintiffs shall file their response, if necessary, by October 1, 2007, Defendants shall file their reply, if necessary, by October 17, 2007. The case management conference currently scheduled for July 24, 2007 is

continued until a date to be assigned by the Court after determination of Defendants' motions to dismiss. Dated: July 11, 2007 KIRKLAND & ELLIS LLP

By:

/s Eliot A. Adelson Eliot A. Adelson Attorneys for Defendants JAYHAWK CAPITAL MANAGEMENT, L.L.C; JAYHAWK CHINA FUND (CAYMAN), LTD.; JAYHAWK INVESTMENTS, LP; JAYHAWK INSTITUTIONAL PARTNERS, LP; KENT C. MCCARTHY

Dated: July 11, 2007

FAGELBAUM & HELLER LLP

By:

__/s Philip Heller, PLC__________ Philip Heller, PLC 2049 Century Part East, Suite 4250 Los Angeles, California 90067-3254 Telephone: (310) 286-7666 Facsimile: (310) 286-7086 [email protected] Attorneys for Plaintiffs PRIMARIUS CAPITAL, LLC; PRIMARIUS CHINA FUND, LP; PRIMARIUS FOCUS, LP; PRIMARIUS PARTNERS, LP; and PRIMARIUS OFFSHORE PARTNERS LTD.

STIPULATION SETTING BRIEFING SCHEDULE FOR RESPONSES TO PLAINTIFFS' COMPLAINT

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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B I, ELIOT ADELSON, hereby declare pursuant to General Order 45, § X.B, that I have obtained the concurrence in the filing of this document from each of the other signatories listed above and below. I declare under penalty of perjury that the foregoing declaration is true and correct.

6 Executed on July 11, 2007, in San Francisco, California. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION SETTING BRIEFING SCHEDULE FOR RESPONSES TO PLAINTIFFS' COMPLAINT C 07-01804-CW

___/s Eliot A. Adelson_____ Eliot A. Adelson Kirkland & Ellis 555 California Street, 27th Floor San Francisco, CA 94104 Telephone: (415) 439-1400 Facsimile: (415) 439-1500 [email protected] __/s Philip Heller, PLC__________ Philip Heller, PLC FAGELBAUM & HELLER LLP 2049 Century Part East, Suite 4250 Los Angeles, California 90067-3254 Telephone: (310) 286-7666 Facsimile: (310) 286-7086 [email protected]

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STIPULATION SETTING BRIEFING SCHEDULE FOR RESPONSES TO PLAINTIFFS' COMPLAINT

ORDER PURSUANT TO THE STIPULATION, IT IS SO ORDERED: 1. Defendants shall answer or otherwise respond to Plaintiffs complaint no later than

August 15, 2007. Any motion to dismiss shall be noticed for hearing on November 1, 2007 at 2:00 p.m., 2. 3. 4. Plaintiffs shall file their response, if necessary, by October 1, 2007, Defendants shall file their reply, if necessary, by October 17, 2007. The case management conference currently scheduled for July 24, 2007 is

continued until November 1, 2007, at 2:00 p.m. DATED: July 24, 2007 ______________________________ Hon. Claudia Wilken United States District Judge

C 07-01804-CW