U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:11-cv EJD

Transcription

1 US District Court Civil Docket as of October 2, 2012 Retrieved from the court on December 12, 2012 U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:11-cv EJD "In re Finisar Corporation Securities Litigation" Date Filed: 03/15/2011 Assigned to: Hon. Edward J. Davila Jury Demand: Plaintiff Referred to: Magistrate Judge Howard R. Lloyd Nature of Suit: 850 Relate Case Cases: 5:11-cv EJD Securities/Commodities 5:12-cv EJD Jurisdiction: Federal Question Cause: 15:78m(a) Securities Exchange Act Plaintiff Martin Derchi-Russo Individually and on Behalf of All Others Similarly Situated represented by Catherine J. Kowalewski Robbins Geller Rudman & Dowd LLP 655 W Broadway Suite 1900 San Diego, CA katek@rgrdlaw.com Darren Jay Robbins Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA Fax: e_file_sd@rgrdlaw.com David Conrad Walton Robbins Geller Rudman & Dowd LLP 655 West Broadway Suite 1900 San Diego, CA davew@rgrdlaw.com Dennis J. Herman Robbins Geller Rudman & Dowd LLP Post Montgomery Center

2 One Montgomery Street, Suite 1800 San Francisco, CA Fax: V. Defendant Finisar Corporation represented by David Allen Priebe DLA Piper LLP (US) 2000 University Avenue East Palo Alto, CA Fax: Diana Mariko Maltzer DLA Piper 2000 University Ave East Palo Alto, CA Fax: Rajiv Sajjan Dharnidharka DLA Piper US LLP 2000 University Avenue East Palo Alto, CA Roy K. McDonald DLA Piper LLP (US) 555 Mission Street, Suite 2400 San Francisco, CA Fax: Shirli Fabbri Weiss DLA Piper LLP (US) 2000 University Avenue East Palo Alto, CA

3 (650) Fax: (650) Defendant Jerry S. Rawls represented by David Allen Priebe Diana Mariko Maltzer Rajiv Sajjan Dharnidharka Roy K. McDonald Shirli Fabbri Weiss Defendant Eitan Gertel represented by David Allen Priebe Diana Mariko Maltzer Rajiv Sajjan Dharnidharka Roy K. McDonald Shirli Fabbri Weiss Defendant

4 Kurt Adzema represented by David Allen Priebe Diana Mariko Maltzer Rajiv Sajjan Dharnidharka Roy K. McDonald Shirli Fabbri Weiss V. Daniel Levy Oklahoma Firefighters Pension and Retirement System represented by Reed R. Kathrein Hagens Berman Sobol Shapiro LLP 715 Hearst Avenue, Suite 202 Berkeley, CA (510) Fax: (510) represented by Ian David Berg Abraham Fruchter Twersky High Bluff Dr Suite 300 San Diego, CA Fax: Mitchell M.Z. Twersky, Abraham Fruchter Twersky LLP One Penn Plaza Suite 2805

5 New York, NY 1011 (212) Fax: PRO HAC VICE Takeo A Kellar Abraham, Fruchter & Twersky, LLP High Bluff Drive Suite 300 San Diego, CA Fax: tkellar@aftlaw.com Ximena R. Skovron, Abraham Fruchter Twersky LLP One Penn Plaza Ste 2805 New York, NY Fax: xskovron@aftlaw.com PRO HAC VICE Hetal Patel Andrew Lee represented by Michael M. Goldberg Glancy Binkow & Goldberg LLP 1925 Century Park East Suite 2100 Los Angeles, CA Fax: mmgoldberg@glancylaw.com represented by Ramzi Abadou Kessler Topaz Meltzer & Check, LLP One Sansome Street Suite 1850 San Francisco, CA Fax: rabadou@ktmc.com

6 Teamsters Pension Trust Fund of Philadelphia and Vicinity City of Pontiac General Employees Retirement System James Ray Abell James Kenney represented by Dennis J. Herman represented by Dennis J. Herman represented by Dennis J. Herman represented by Kevin Andrew Seely Robbins Umeda LLP 600 B Street Suite 1900 San Diego, CA Fax: kseely@robbinsumeda.com Date Filed # Docket Text 03/15/ COMPLAINT for Violation of Federal Securities Laws against Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls (Filing fee $ ( ). Filed by Martin Derchi-Russo. (Attachments: # 1 Civil Cover Sheet)(cv, COURT STAFF) (Filed on 3/15/2011) Modified on 3/17/2011 (cv, COURT STAFF). (Entered: 03/16/2011) 03/15/ Certificate of Interested Entities by Martin Derchi-Russo (cv, COURT STAFF) (Filed on 3/15/2011) (Entered: 03/16/2011) 03/15/ ADR SCHEDULING ORDER: Case Management Statement due by 10/21/2011. Case Management Conference set for 10/31/ :00 AM in Courtroom 8, 4th Floor, San Jose.. Signed by Judge James Ware on 3/15/11. (Attachments: # 1 Standing Order, # 2 Standing Order, # 3 Standing Order)(cv, COURT STAFF) (Filed on 3/15/2011) (Entered: 03/16/2011) 03/15/ Summons Issued as to Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (cv, COURT STAFF) (Filed on 3/15/2011) (Entered: 03/17/2011) 03/16/2011 CASE DESIGNATED for Electronic Filing. (cv, COURT STAFF) (Filed on 3/16/2011) (Entered: 03/16/2011) 03/18/ NOTICE by Martin Derchi-Russo Notice of Publication (Attachments: # 1 Exhibit

7 A)(Herman, Dennis) (Filed on 3/18/2011) (Entered: 03/18/2011) 03/31/ WAIVER OF SERVICE Returned Executed filed by Martin Derchi-Russo. Service waived by Kurt Adzema waiver sent on 3/17/2011, answer due 5/16/2011; Finisar Corporation waiver sent on 3/17/2011, answer due 5/16/2011; Eitan Gertel waiver sent on 3/17/2011, answer due 5/16/2011; Jerry S. Rawls waiver sent on 3/17/2011, answer due 5/16/2011. (Herman, Dennis) (Filed on 3/31/2011) (Entered: 03/31/2011) 04/11/ NOTICE of Appearance by David Allen Priebe for Defendants (Priebe, David) (Filed on 4/11/2011) (Entered: 04/11/2011) 04/11/ Certificate of Interested Entities by Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls (Priebe, David) (Filed on 4/11/2011) (Entered: 04/11/2011) 04/12/ NOTICE of Appearance by Rajiv Sajjan Dharnidharka (Dharnidharka, Rajiv) (Filed on 4/12/2011) (Entered: 04/12/2011) 04/19/ NOTICE of Appearance by Roy K. McDonald (Attachments: # 1 Certificate of Service)(McDonald, Roy) (Filed on 4/19/2011) (Entered: 04/19/2011) 04/19/ NOTICE of Appearance by Shirli Fabbri Weiss (Weiss, Shirli) (Filed on 4/19/2011) (Entered: 04/19/2011) 04/21/ Administrative MOTION to Consider Whether C CW, C PJH Cases Should Be Related. filed by Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (Priebe, David) (Filed on 4/21/2011) Modified on 4/22/2011,(incorrect event selected.) (cv, COURT STAFF). (Entered: 04/21/2011) 04/21/ Declaration in Support of 12 MOTION to Consolidate Cases (Administrative) to Consider Whether Cases Should Be Related filed bykurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 12 ) (Priebe, David) (Filed on 4/21/2011) (Entered: 04/21/2011) 04/21/ Proposed Order Granting Administrative 12 Motion to Consider Whether C CW, C PJH Cases Should be Related by Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (Priebe, David) (Filed on 4/21/2011) Modified on 4/22/2011,(link to motion.) (cv, COURT STAFF). (Entered: 04/21/2011) 04/29/ ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila for all further proceedings. Judge James Ware no longer assigned to the case.signed by The Executive Committee on 4/29/2011. (tsh, COURT STAFF) (Filed on 4/29/2011) (Entered: 04/29/2011) 05/04/ ORDER Granting 12 Motion to Relate Case with C CW, C PJH. Accordingly, the Clerk of Court shall immediately relate Derchi-Russo v. Finisar Corporation, et al., Case No. CV EJD to Wilson v. Finisar Corporation, et al., Case No. CV CW and Wade v. Finisar Corporation, et al., Case No. CV PJH. The parties in all three cases shall appear for a Case Management Conference on June 15, 2011 at 9 a.m. On or before June 6, 2011, the parties shall file a Joint Case Management Statement. The Statement shall address whether the cases should be consolidated and if so, a schedule for nomination of Lead Plaintiff and Lead Counsel. Signed by Judge Edward J. Davila.(ecg, COURT STAFF) (Filed on 5/4/2011) (Entered: 05/04/2011)

8 05/04/ /16/ ORDER Granting Motion to Relate Case the Clerk of Court shall immediately relate No. CV EJD, Case CV CW and CV PJH. The parties in all three cases shall appear for a Case Management Conference on June 15, 2011 at 9 a.m. On or before June 6, 2011, the parties shall file a Joint Case Management Statement. The Statement shall address whether the cases should be consolidated and if so, a schedule for nomination of Lead Plaintiff and Lead Counsel. Signed by Judge Edward J. Davila 5/4/2011. (Order posted corrects typographical error case number re Order Relating Case in 16 in 5:11-cv EJD, 14 in 5:11-cv EJD and 12 in 4:11-cv PJH). (ecg, COURT STAFF) (Filed on 5/4/2011) Modified on 10/13/2011 (cv, COURT STAFF). (Entered: 05/05/2011) 18 MOTION to Consolidate C EJD, C EJD, C EJD Cases TO APPOINT DANIEL LEVY AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS SELECTION OF COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Daniel Levy. Motion Hearing set for 10/21/ :00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. (Kathrein, Reed) (Filed on 5/16/2011) Modified on 5/17/2011,(counsel failed to properly select multiple motions.) (cv, COURT STAFF). (Entered: 05/16/2011) 05/16/ Declaration of Reed R. Kathrein in Support of 18 MOTION to Consolidate Cases TO APPOINT DANIEL LEVY AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS SELECTION OF COUNSEL filed by Daniel Levy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 18 ) (Kathrein, Reed) (Filed on 5/16/2011) Modified on 5/17/2011 (cv, COURT STAFF). (Entered: 05/16/2011) 05/16/ Proposed Order re 18 MOTION to Consolidate Cases TO APPOINT DANIEL LEVY AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS SELECTION OF COUNSEL by Daniel Levy. (Kathrein, Reed) (Filed on 5/16/2011) Modified on 5/17/2011 (cv, COURT STAFF). (Entered: 05/16/2011) 05/16/ MOTION to Appoint Lead Plaintiff and Lead Counsel and for Consolidation of all Related Actions filed by Oklahoma Firefighters Pension and Retirement System. Motion Hearing set for 10/21/ :00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. (Berg, Ian) (Filed on 5/16/2011) (Entered: 05/16/2011) 05/16/ Declaration of Ian D. Berg in Support of the 21 Motion of Oklahoma Firefighters Pension and Retirement System for Appointment as Lead Plaintiff; Approval of its Selection of Lead Counsel; and Consolidation of All Related Actions filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Berg, Ian) (Filed on 5/16/2011) Modified on 5/17/2011,(link to motion.) (cv, COURT STAFF). (Entered: 05/16/2011) 05/16/ Proposed Order 21 Appointing Lead Plaintiff; Approving Selection of Lead Counsel; and Consolidating All Related Actions by Oklahoma Firefighters Pension and Retirement System. (Berg, Ian) (Filed on 5/16/2011) Modified on 5/17/2011(link to motion.) (cv, COURT STAFF). (Entered: 05/16/2011) 05/16/ MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Hetal Patel. Motion Hearing set for 6/24/ :00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. (Attachments: # 1 Proposed Order)(Goldberg, Michael) (Filed on 5/16/2011) Modified on 5/17/2011,(counsel failed to properly select multiple motions.)

9 T (cv, COURT STAFF). (Entered: 05/16/2011) 05/16/ Declaration of MICHAEL GOLDBERG in Support of 24 MOTION to Appoint Lead Plaintiff and Lead Counsel filed byhetal Patel. (Related document(s) 24 ) (Goldberg, Michael) (Filed on 5/16/2011) (Entered: 05/16/2011) 05/16/ MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Andrew Lee. Motion Hearing set for 10/21/ :00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. (Attachments: # 1 Proposed Order)(Abadou, Ramzi) (Filed on 5/16/2011) Modified on 5/17/2011,(counsel failed to properly select multiple motions.) (cv, COURT STAFF). (Entered: 05/16/2011) 05/16/ Declaration of Ramzi Abadou in Support of 26 MOTION to Appoint Lead Plaintiff and Lead Counsel filed byandrew Lee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 26 ) (Abadou, Ramzi) (Filed on 5/16/2011) (Entered: 05/16/2011) 05/16/ MOTION to Consolidate C EJD, C EJD, C EJD Cases, MOTION to Appoint Lead Plaintiff and Lead Counsel ; Memorandum of Points and Authorities in Support Thereof filed by Teamsters Pension Trust Fund of Philadelphia and Vicinity, City of Pontiac General Employees Retirement System, James Ray Abell. Motion Hearing set for 10/21/ :00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. (Attachments: # 1 Proposed Order)(Herman, Dennis) (Filed on 5/16/2011) Modified on 5/17/2011 (cv, COURT STAFF). (Entered: 05/16/2011) 05/16/ Declaration of Dennis J. Herman in Support of 28 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel filed by James Ray Abell, City of Pontiac General Employees Retirement System, Teamsters Pension Trust Fund of Philadelphia and Vicinity. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 28 ) (Herman, Dennis) (Filed on 5/16/2011) Modified on 5/17/2011 (cv, COURT STAFF). (Entered: 05/16/2011) 05/18/ MOTION to Appoint Lead Plaintiff and Lead Counsel CORRECTED NOTICE AS TO HEARING DATE ONLY filed by Hetal Patel. Motion Hearing set for 10/21/ :00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. (Goldberg, Michael) (Filed on 5/18/2011) (Entered: 05/18/2011) 05/18/2011 Set/Reset Deadlines as to 24 MOTION to Appoint Lead Plaintiff and Lead Counsel (per 30 CORRECTED NOTICE OF 24 MOTION). Motion Hearing set for 10/21/ :00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. (ecg, COURT STAFF) (Filed on 5/18/2011) (Entered: 05/18/2011) 05/24/ MOTION for leave to appear in Pro Hac Vice of Attorney Mitchell M.Z. Twersky ( Filing fee $ 275, receipt number ) filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proposed Order)(cv, COURT STAFF) (Filed on 5/24/2011) (Entered: 05/24/2011) 06/01/ Order Granting 31 Motion for Pro Hac Vice of Attorney Mitchell M.Z. Twersky. Signed by Hon. Edward J. Davila on 6/1/2011. (ecg, COURT STAFF) (Filed on 6/1/2011) (Entered: 06/01/2011)

10 06/01/ MOTION for leave to appear in Pro Hac Vice of Attorney Ximena R. Skovron ( Filing fee $ 275, receipt number ) filed by Oklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Proposed Order)(cv, COURT STAFF) (Filed on 6/1/2011) (Entered: 06/03/2011) 06/06/ CASE MANAGEMENT STATEMENT (Joint) filed by James Ray Abell, Kurt Adzema, City of Pontiac General Employees Retirement System, Martin Derchi-Russo, Finisar Corporation, Eitan Gertel, Andrew Lee, Daniel Levy, Oklahoma Firefighters Pension and Retirement System, Hetal Patel, Jerry S. Rawls, Teamsters Pension Trust Fund of Philadelphia and Vicinity. (Priebe, David) (Filed on 6/6/2011) (Entered: 06/06/2011) 06/07/ NOTICE of Appearance by Diana Mariko Hall of Counsel for Defendants (Hall, Diana) (Filed on 6/7/2011) (Entered: 06/07/2011) 06/08/ Order Granting 33 Motion for Pro Hac Vice of Attorney Ximena R. Skovron. Signed by Hon. Edward J. Davila on 6/8/2011. (ecg, COURT STAFF) (Filed on 6/8/2011) (Entered: 06/08/2011) 06/09/ CLERKS NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 10/14/2011. Case Management Conference set for 10/21/ :00 AM in Courtroom 1, 5th Floor, San Jose. (ecg, COURT STAFF) (Filed on 6/9/2011) (Entered: 06/09/2011) 06/20/ Notice of Withdrawal of Motion 24 of Hetal Patel for Appointment as Lead Plaintiff and Approval of Lead Counsel (Goldberg, Michael) (Filed on 6/20/2011) Modified text on 6/21/2011 (ecg, COURT STAFF). (Entered: 06/20/2011) 09/28/ REPLY (re 18 MOTION to Consolidate Cases TO APPOINT DANIEL LEVY AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS SELECTION OF COUNSEL ) filed bydaniel Levy. (Kathrein, Reed) (Filed on 9/28/2011) (Entered: 09/28/2011) 09/30/ RESPONSE re 28 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel, 21 MOTION to Appoint Lead 18 MOTION to Consolidate Cases 26 MOTION to Appoint Lead Plaintiff and Lead Counsel filed by Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (Related document(s) 28, 21, 18, 26 ) (Priebe, David) (Filed on 9/30/2011) Modified on 10/3/2011 (cv, COURT STAFF). (Entered: 09/30/2011) 09/30/ RESPONSE (re 21 MOTION to Appoint Lead Plaintiff and Lead Counsel andfor Consolidation of all Related Actions, 18 MOTION to Consolidate Cases TO APPOINT DANIEL LEVY AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS SELECTION OF COUNSEL, 26 MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byjames Ray Abell, City of Pontiac General Employees Retirement System, Teamsters Pension Trust Fund of Philadelphia and Vicinity. (Herman, Dennis) (Filed on 9/30/2011) (Entered: 09/30/2011) 09/30/ RESPONSE (re 28 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel, 21 MOTION to Appoint Lead Plaintiff and Lead Counsel and for Consolidation of all Related Actions, 18 MOTION to Consolidate Cases TO APPOINT DANIEL LEVY AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS SELECTION OF COUNSEL, 26 MOTION to Appoint Lead Plaintiff and

11 Lead Counsel ) in Further Support of Motion and in Opposition to all competing Motions filed byoklahoma Firefighters Pension and Retirement System. (Berg, Ian) (Filed on 9/30/2011) (Entered: 09/30/2011) 09/30/ Declaration of Ian D. Berg in Support of 42 Opposition/Response to Motion,, filed byoklahoma Firefighters Pension and Retirement System. (Attachments: # 1 Exhibit)(Related document(s) 42 ) (Berg, Ian) (Filed on 9/30/2011) (Entered: 09/30/2011) 10/07/ REPLY (re 28 MOTION to Consolidate Cases MOTION to Appoint Lead Plaintiff and Lead Counsel, 21 MOTION to Appoint Lead Plaintiff and Lead Counsel and for Consolidation of all Related Actions, 18 MOTION to Consolidate Cases TO APPOINT DANIEL LEVY AS LEAD PLAINTIFF AND TO APPROVE PROPOSED LEAD PLAINTIFFS SELECTION OF COUNSEL, 26 MOTION to Appoint Lead Plaintiff and Lead Counsel ) filed byoklahoma Firefighters Pension and Retirement System. (Berg, Ian) (Filed on 10/7/2011) (Entered: 10/07/2011) 10/18/ CLERKS NOTICE TAKING MOTIONS UNDER SUBMISSION. The Motion to Consolidate Related Actions and Appoint Lead Plaintiff and Lead Counsel (Docket Item Nos. 18, 21, 26, 28 ) before Judge Edward J. Davila previously noticed for October 21, 2011 at 9:00 AM have been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The October 21, 2011 hearing is VACATED. The Court to issue further Order on the submitted motions. (ecg, COURT STAFF) (Filed on 10/18/2011) (Entered: 10/18/2011) 10/18/ CASE MANAGEMENT STATEMENT (Joint) filed by Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (Priebe, David) (Filed on 10/18/2011) (Entered: 10/18/2011) 10/19/ CLERKS NOTICE VACATING CASE MANAGEMENT CONFERENCE. The 10/21/2011 is VACATED. The Court will set a further scheduling date in its Order on the submitted Motions to Consolidate Related Action, Motions Appoint Lead Plaintiff and Lead Counsel (Docket Item Nos. 18, 21, 26, 28 in 5:11-cv EJD). (ecg, COURT STAFF) (Filed on 10/19/2011) (Entered: 10/19/2011) 10/27/ ORDER GRANTING (1) MOTIONS FOR CONSOLIDATION OF ALL RELATED ACTIONS; AND (2) THE MOTION OF OKLAHOMA FIREFIGHTERS PENSION AND RETIREMENT SYSTEM FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF ITS SELECTION OF LEAD COUNSEL; denying in part and granting in part (26) Motion to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel; denying in part and granting in part (28) Motion to Consolidate Cases and Motion to Appoint Lead Plaintiff and Lead Counsel; denying in part and granting in part (18) Motion to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel; granting (21) Motion to Consolidate Cases and Appoint Lead Plaintiff and Lead Counsel in case 5:11-cv EJD. These cases shall be consolidated under the lower case number, 5:11-CV EJD, and case number 5:11-CV EJD shall be administratively closed. IT IS HEREBY ORDERED that Defendants and the appointed lead counsel shall meet and confer in order to agree on a schedule for the next stage of the case, including the timing for the consolidated complaint and motion to dismiss. IT IS FURTHER ORDERED that a Case Management Conference will be held in this matter before the Honorable Edward J. Davila on December 9, 2011 at 10:00 a.m. in Courtroom No. 1, 5th Floor, 280 S. First Street, San Jose, California. On or before

12 December 2, 2011 the parties shall file a joint case management conference statement. Please see Order for further specifics. Signed by Judge Edward J. Davila on 10/27/2011 (ejdlc4, COURT STAFF) (Filed on 10/27/2011) Modified text on 10/27/2011 (ecg, COURT STAFF). (Entered: 10/27/2011) 11/02/ STIPULATION and [Proposed] Order Regarding Scheduling of Consolidated Complaint and Case Caption by Kurt Adzema, Finisar Corporation, Eitan Gertel, Oklahoma Firefighters Pension and Retirement System, Jerry S. Rawls. (Priebe, David) (Filed on 11/2/2011) (Entered: 11/02/2011) 11/07/ STIPULATION AND ORDER Regarding Scheduling of Consolidated Complaint and Case Caption re 49 Stipulation. The case shall be recaptioned "In re Finisar Corporation Securities Litigation," retaining its case number (5:11-CV EJD). Amended Pleadings due by 1/13/2012. Motion due by 3/13/2012. Opposition due by 4/16/2012. Reply due by 5/11/2012. Motion Hearing set for 6/1/ :00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 5/25/2012. Case Management Conference set for 6/1/ :00 AM in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 11/07/2011. (ecg, COURT STAFF) (Filed on 11/7/2011) (Entered: 11/07/2011) 01/05/ STIPULATION and [PROPOSED] ORDER REGARDING REVISED SCHEDULING OF CONSOLIDATED COMPLAINT by Oklahoma Firefighters Pension and Retirement System. (Berg, Ian) (Filed on 1/5/2012) Modified on 1/5/2012 (cv, COURT STAFF). (Entered: 01/05/2012) 01/06/ STIPULATION AND ORDER GRANTING Request to Revised Scheduling of Consolidated Complaint re 51 Stipulation. Amended Pleadings due by 1/20/2012. Deadline to File Motion to Dismiss due by 3/16/2012. All other dates in 50 Order remain as previously set: Opposition due by 4/16/2012. Reply due by 5/11/2012. Motion Hearing set for 6/1/ :00 AM in Courtroom 1, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 5/25/2012. Case Management Conference set for 6/1/ :00 AM in Courtroom 1, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 1/6/2012. (ecg, COURT STAFF) (Filed on 1/6/2012) (Entered: 01/06/2012) 01/20/ AMENDED CONSOLIDATED CLASS ACTION COMPLAINT FILED BY LEAD PLAINTIFF against All Defendants. Filed by Oklahoma Firefighters Pension and Retirement System. (Berg, Ian) (Filed on 1/20/2012) Modified on 5/22/2012 (cv, COURT STAFF). (Entered: 01/20/2012) 03/14/ STIPULATION WITH PROPOSED ORDER extension of time to file motion to dismiss filed by Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (Priebe, David) (Filed on 3/14/2012) Modified text on 3/14/2012 (cv, COURT STAFF). (Entered: 03/14/2012) 03/16/ STIPULATION AND ORDER REGARDING SCHEDULING OF MOTION TO DISMISS CONSOLIDATED COMPLAINT re 54 STIPULATION. Deadline to file Motion to Dismiss due by 3/23/2012. Opposition due by 4/23/2012. Reply due by 5/18/2012. Motion Hearing set for 6/8/ :00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Joint Case Management Statement due by 6/1/2012. Case Management Conference set for 6/8/ :00 AM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Edward J. Davila on 3/16/2012. (ecg, COURT STAFF)

13 (Filed on 3/16/2012) (Entered: 03/16/2012) 03/23/ MOTION to Dismiss Consolidated Complaint filed by Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. Motion Hearing set for 6/8/ :30 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 4/6/2012. Replies due by 4/13/2012. (Attachments: # 1 Proposed Order)(Priebe, David) (Filed on 3/23/2012) (Entered: 03/23/2012) 03/23/ Request for Judicial Notice re 56 MOTION to Dismiss Consolidated Complaint filed bykurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (Attachments: # 1 Exhibit 1 - Part 1, # 2 Exhibit 1 - Part 2, # 3 Exhibit 1 - Part 3, # 4 Exhibit 1 - Part 4, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Declaration Declaration of Margaret Austin in Support of Defendants' Motion to Dismiss Consolidated Complaint)(Related document(s) 56 ) (Priebe, David) (Filed on 3/23/2012) (Entered: 03/23/2012) 04/23/ RESPONSE (re 56 MOTION to Dismiss Consolidated Complaint ) filed byoklahoma Firefighters Pension and Retirement System. (Berg, Ian) (Filed on 4/23/2012) (Entered: 04/23/2012) 05/18/ MOTION to Relate Case Pursuant to L.R filed by James Kenney. (Attachments: # 1 Proposed Order Relating Cases)(Seely, Kevin) (Filed on 5/18/2012) (Entered: 05/18/2012) 05/18/ REPLY (re 56 MOTION to Dismiss Consolidated Complaint ) filed by Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (Priebe, David) (Filed on 5/18/2012) Modified on 5/22/2012 (cv, COURT STAFF). (Entered: 05/18/2012) 05/21/ Statement re 59 MOTION to Relate Case Pursuant to L.R Defendants' Statement In Support of Plaintiff James Kenney's Administrative Motion to Consider Whether Cases Should be Related by Kurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (Priebe, David) (Filed on 5/21/2012) (Entered: 05/21/2012) 05/21/ Declaration of David Priebe in Support of 61 Statement, In Support ofplaintiffs' James Kenney's Administrative Motion to Consider Whether Cases Should be Related Pursuant to L.R filed bykurt Adzema, Finisar Corporation, Eitan Gertel, Jerry S. Rawls. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 61 ) (Priebe, David) (Filed on 5/21/2012) (Entered: 05/21/2012) 05/30/ RELATED CASE ORDER. Motions terminated: (59 in 5:11-cv EJD) MOTION to Relate Case Pursuant to L.R filed by James Kenney. Signed by Judge Edward J. Davila on 5/29/2012. (ecg, COURT STAFF) (Filed on 5/30/2012) (Entered: 05/30/2012) 06/01/ JOINT CASE MANAGEMENT STATEMENT filed by Oklahoma Firefighters Pension and Retirement System. (Berg, Ian) (Filed on 6/1/2012) (Entered: 06/01/2012) 06/06/ CLERKS NOTICE TAKING MOTION UNDER SUBMISSION WITHOUT ORAL ARGUMENT; VACATING CASE MANAGEMENT CONFERENCE. The Motion to Dismiss (re 56 ) before Judge Edward J. Davila previously noticed for 6/8/2012 at 9:00 AM has been taken under submission without oral argument pursuant to Civ. L.R. 7-1(b). The 6/8/2012 hearing is VACATED. The Court to issue further Order on the

14 submitted motion. The Case Management Conference set for 6/8/2012 is also VACATED. The Court will set further dates, if necessary, in its Order on the submitted motion. This is a text only docket entry, there is no document associated with this notice. (ecg, COURT STAFF) (Filed on 6/6/2012) (Entered: 06/06/2012) 10/02/ NOTICE of Appearance by Takeo A Kellar for Lead Plaintiff Oklahoma Firefighters Pension and Retirement System (Kellar, Takeo) (Filed on 10/2/2012) (Entered: 10/02/2012) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at