Free Joint Case Management Statement - District Court of California - California

Case 3:07-cv-02602-JSW

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Filed 09/14/2007

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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., DAFNA GRUBER, TZVI FRIEDMAN and ZVI SLONIMSKY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) 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 DEFENDANTS' STATEMENT REGARDING CASE MANAGEMENT CONFERENCE

Date: Time: Courtroom: Before:

September 21, 2007 1:30 p.m. 2 Hon. Jeffrey S. White

DEFENDANTS' STATEMENT REGARDING CASE MANAGEMENT CONFERENCE CASE NO. C-07-02602-JSW

Case 3:07-cv-02602-JSW

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This case is one of four securities class action lawsuits filed against Alvarion Ltd. and certain of its present and former officers and directors. It was filed in the Southern District of New York on March 12, 2007 by plaintiff Irving Braun and his counsel Lerach Coughlin Stoia Geller Rudman & Robbins LLP (now Coughlin Stoia Geller Rudman & Robbins LLP), and the Law Offices of Curtis V. Trinko. On May 16, 2007, the case was transferred to the Northern District of California. See Docket No. 1. It was then related to the first-filed case in this District, Meir v. Alvarion Ltd., et al., Case No. 07-00374-JSW (the "Meir action"), and to the other two pending cases. See Docket No. 5. On April 9, 2007, pursuant to Section 21D of the Securities Exchange Act of 1934 (15 U.S.C. § 78u-4(a)(3)), three groups of plaintiffs filed competing motions in the Meir action requesting the Court to consolidate the pending actions and to appoint the group as lead plaintiff and the group's counsel as lead counsel for the alleged class. See Case No. 07-00374-JSW Docket (the "Meir Docket") Nos. 15, 17 and 21. Mr. Braun, along with Gary J. Fruchter (collectively, the "Braun Group"), was among the lead plaintiff movants. See Meir Docket No. 21. The other motions were filed by the Harel Insurance Company Ltd. and Furkan M. Khan (the "Harel Group"), represented by Glancy Binkow & Goldberg LLP and the Law Offices of Jacob Sabo; and Rahul Saraf, represented by Federman & Sherwood. The lead plaintiff motions have not been resolved. On August 14, 2007, however, the Harel Group and Mr. Saraf filed a Stipulation re Appointment of Lead Plaintiffs and Lead Counsel which reflects that they have agreed among themselves to serve as Lead Plaintiffs jointly, with their counsel serving as Co-Lead Counsel. See Meir Docket No. 51. The Braun Group and its counsel were not parties to the Stipulation but have not opposed it. The Stipulation itself reflects that the Braun Group has not taken a position on the Stipulation, but agrees the cases should be consolidated. Id. at 3. The Court has not issued an order regarding the Stipulation. On September 4, 2007, defendants Alvarion, Zvi Slonimsky, and Dafna Gruber (collectively, "Defendants") filed a Joinder in Plaintiffs' Request for Consolidation of the four related cases (the "Joinder"). See Meir Docket No. 63. As Defendants' Joinder reflects,
DEFENDANTS' STATEMENT REGARDING CASE MANAGEMENT CONFERENCE CASE NO. C-07-02602-JSW

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Case 3:07-cv-02602-JSW

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Defendants take no position on the pending lead plaintiff motions (other than agreeing that the applicable statute requires the appointment of a lead plaintiff to represent the class), but concur with the Harel Group's request that the Court consolidate the Meir, Hacker, Braun, and Berger cases, and set a date by which the court-appointed lead plaintiff shall file a consolidated amended complaint. Id. at 1-2. Because Defendants and all potential lead plaintiffs (including Mr. Braun) have requested the consolidation of this case with the first-filed Meir action (e.g., Meir Docket No. 63), and because Mr. Braun has taken no position on the Harel Group's Stipulation to be appointed as Lead Plaintiff (Meir Docket No. 51), it would appear that Mr. Braun has no intention of attempting to pursue this case as a separate action. Thus, Alvarion respectfully submits that a Joint Case Management Statement, a Case Management Conference and a Case Management Order in this action are unnecessary. Alvarion has, however, met and conferred with Mr. Meir and his counsel, who also represent the Harel Group and Mr. Saraf, and has filed a Joint Case Management Statement and a Supplemental Joint Case Management Statement in the Meir action. See Meir Docket Nos. 59 and 66. The Conference in the Meir action is also scheduled for September 21, 2007. Dated: September 14, 2007 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: _________/s/ Rodney G. Strickland, Jr._____ Rodney G. Strickland, Jr. Attorneys for Defendants Alvarion Ltd., Zvi Slonimsky, Tzvi Friedman and Dafna Gruber I, Joni Ostler, am the ECF user whose identification and password are being used to file the DEFENDANTS' STATEMENT REGARDING CASE MANAGEMENT CONFERENCE. In compliance with General Order 45.X.B, I hereby attest that Rodney G. Strickland, Jr. has concurred in this filing. Dated: September 14, 2007 WILSON SONSINI GOODRICH & ROSATI Professional Corporation By:
DEFENDANTS' STATEMENT REGARDING CASE MANAGEMENT CONFERENCE CASE NO. C-07-02602-JSW

/s/ Joni Ostler Joni Ostler

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