Free Order - District Court of California - California

Case 3:07-cv-00719-JSW Case 3:07-cv-02602-JSW

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NINA F. LOCKER, State Bar No. 123838 Email: [email protected] RODNEY G. STRICKLAND, JR., State Bar No. 161934 Email: [email protected] JONI L. OSTLER, State Bar No. 230009 Email: [email protected] MERAV AVITAL-MAGEN, State Bar No. 236144 Email: [email protected] WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Attorneys for Defendants ALVARION LTD., ZVI SLONIMSKY, TZVI FRIEDMAN, AND DAFNA GRUBER

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION AMNON MEIR, On Behalf of Himself and All Others Similarly Situated, Plaintiff, vs. ALVARION LTD., ZVI SLONIMSKY, DAFNA GRUBER AND MEIR BAREL, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO.: C 07-0374 JSW STIPULATION AND [PROPOSED] ORDER CONSOLIDATING CASES AND CONTINUING CASE MANAGEMENT CONFERENCE CMC Date: Time: Courtroom: Before: September 21, 2007 1:30 p.m. 2 Hon. Jeffrey S. White

MANFRED HACKER, On Behalf of Himself and All Others Similarly Situated, Plaintiff, vs. ALVARION LTD, ZVI SLONIMSKY, DAFNA GRUBER AND MEIR BAREL, Defendants.
STIP AND [PROPOSED] ORDER CONSOLIDATING CASES AND CONTINUING CMC NO. C-07-0374-JSW; NO. C-07-00719-JSW; AND NO C-0702602-JSW

Case No. 07-00719-JSW

Case 3:07-cv-00719-JSW Case 3:07-cv-02602-JSW

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) ) IRVING BRAUN, On Behalf of Himself and All ) Others Similarly Situated, ) ) Plaintiff, ) ) vs. ) ) ALVARION LTD., ZVI SLONIMSKY, TZVI ) FRIEDMAN AND DAFNA GRUBER, ) ) Defendants. )

Case No. 07-02602-JSW

STIP AND [PROPOSED] ORDER CONSOLIDATING CASES AND CONTINUING CMC NO. C-07-0374-JSW; NO. C-07-00719-JSW; AND NO C-0702602-JSW

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Case 3:07-cv-00719-JSW Case 3:07-cv-02602-JSW

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WHEREAS, each of the above-captioned cases is a purported class action governed by the provisions of the Private Securities Litigation Reform Act of 1995 ("PSLRA"); WHEREAS, the three above-captioned substantially similar class actions have all been deemed related, along with a fourth class action titled Berger v. Alvarion, Ltd., et al., Case No. C 07-02601-JSW, (see Docket for Meir v. Alvarion Ltd., et al., Case No. C 07-00374-JSW ("Meir Docket") No. 62); WHEREAS, on April 9, 2007, three motions to consolidate all four actions and for appointment as Lead Plaintiff pursuant to Section 21(D) of the PSLRA were filed in the firstfiled Meir case (Meir Docket Nos. 15, 17 and 21); WHEREAS, on August 14, 2007, Rahul Saraf and the Harel Group, which consists of the Harel Insurance Company Ltd., filed a Stipulation re Appointment of Lead Plaintiffs and Lead Counsel (Meir Docket No. 51), in which two of the lead plaintiff movants requested consolidation of the four class actions and agreed to serve as Co-Lead Plaintiffs in this action;1 WHEREAS, on September 20, 2007, plaintiff Paul Berger filed a Notice of Voluntary Dismissal of his separate action, Berger v. Alvarion Ltd., et al. (Case No. C 07-02601-JSW); WHEREAS, all named plaintiffs in each of the above three remaining related cases agree that the cases should be consolidated, and defendants Alvarion Ltd., Zvi Slonimsky, Tvzi Friedman and Dafna Gruber likewise agree that these three remaining cases should be consolidated (see Stipulation re Appointment of Lead Plaintiffs and Lead Counsel, Meir Docket No. 51; and Defendants' Joinder in Plaintiffs' Request for Consolidation, filed September 4, 2007, Meir Docket No. 63); WHEREAS, the three cases are scheduled for Case Management Conferences ("CMCs") on September 21, 2007 at 1:30 p.m., but no lead plaintiff has been appointed who can speak for the plaintiff class, and thus all the parties agree that the CMCs would be premature at this time;
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On September 20, 2007, movant Harel Insurance Co. Ltd. withdrew its application to be appointed lead plaintiff. See Noticeof Withdrawal, filed September 20, 2007, Meir Docket No. 71. However, the remaining signatories to this stipulation, movants Saraf and Khan, continue to seek appointment as co-lead plaintiffs. See id.
STIP AND [PROPOSED] ORDER CONSOLIDATING CASES AND CONTINUING CMC NO. C-07-0374-JSW; NO. C-07-00719-JSW; AND NO C-0702602-JSW

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Case 3:07-cv-00719-JSW Case 3:07-cv-02602-JSW

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IT IS HEREBY STIPULATED AND AGREED, by (a) Defendants Alvarion, Zvi Slonimsky, Tvzi Friedman and Dafna Gruber, by and through their counsel, (b) plaintiff Amnon Meir, by and through his counsel (c) plaintiff Manfred Hacker, by and through his counsel, and (d) plaintiff Irving Braun, by and through his counsel, that: (1) The three above-captioned related cases should be consolidated under the above-

captioned Meir v. Alvarion Ltd., et al. case (Case No. C 07-00374-JSW); (2) The Case Management Conference currently scheduled for September 21, 2007,

at 1:30 p.m. should be taken off calendar and rescheduled at another time convenient for the Court after a lead plaintiff has been appointed who can speak for the plaintiff class. Dated: September 20, 2007 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Joni Ostler Joni Ostler

12 13 14 Dated: September 20, 2007 15 By: 16 17 18 Dated: September 20, 2007 19 By: 20 21 22 23 By: 24 25 26 27 28
STIP AND [PROPOSED] ORDER CONSOLIDATING CASES AND CONTINUING CMC NO. C-07-0374-JSW; NO. C-07-00719-JSW; AND NO C-0702602-JSW

Attorneys for Defendants Alvarion Ltd., Zvi Slonimsky, Tzvi Friedman and Dafna Gruber GLANCY BINKOW & GOLDBERG LLP /s/ Andy Sohrn Andy Sohrn

Attorneys for Plaintiffs Amnon Meir and the Harel Group SCOTT + SCOTT, LLC /s/ Arthur L. Shingler, III Arthur L. Shingler, III

Attorneys for Plaintiff Manfred Hacker Dated: September 20, 2007 COUGHLIN STOIA GELLER RUDMAN ROBBINS LLP /s/ Mario Alba Mario Alba

Attorneys for Plaintiff Irving Braun

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Case 3:07-cv-00719-JSW Case 3:07-cv-02602-JSW

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1 2 3 4 5 6 7 8 9 10 11 12 Dated: September 20, 2007 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIP AND [PROPOSED] ORDER CONSOLIDATING CASES AND CONTINUING CMC NO. C-07-0374-JSW; NO. C-07-00719-JSW; AND NO C-0702602-JSW

ORDER Pursuant to Stipulation, it is hereby ordered that: (1) The three related cases titled Meir v. Alvarion Ltd., et al., Case No. C 07-00374-

JSW; Hacker v. Alvarion Ltd., et al., Case No. C 07-00374-JSW; and Braun v. Alvarion Ltd. et al., Case No. C 07-02602-JSW, are all consolidated under the first-filed Meir v. Alvarion Ltd., et al. case; (2) The Case Management Conference currently scheduled for September 21, 2007,

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November 9, 2007 at 1:30 p.m. Plaintiffs should be taken off calendar and rescheduled for ____________________________________. Shall file a motion or stipulation to appoint lead plaintiff and lead counsel by no later than ISTRIC October 12, 2007. ES D TC Dated: AT T The Honorable Jeffrey S. White United States District Court Judge
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I, Joni Ostler, am the ECF user whose identification and password are being used to file the STIPULATION AND [PROPOSED] ORDER CONSOLIDATING CASES AND CONTINUING CASE MANAGEMENT CONFERENCE. In compliance with General Order 45.X.B, I hereby attest that Andy Sohrn; Arthur L. Shingler, III; and Mario Alba have each concurred in this filing. Dated: September 20, 2007 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: /s/ Joni Ostler Joni Ostler

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