Free Stipulation - District Court of California - California

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JORDAN ETH (BAR NO. 121617) [email protected] JUDSON E. LOBDELL (BAR NO. 146041) [email protected] MARK R.S. FOSTER (BAR NO. 223682) [email protected] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105 Telephone: 415-268-7000 Facsimile: 415-268-7522 ANNA ERICKSON WHITE (BAR NO. 161385) [email protected] MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304 Telephone: 650-813-5600 Facsimile: 650-494-0792 Attorneys for Defendant Yahoo! Inc., Terry S. Semel, Susan L. Decker, Farzad Nazem, and Daniel Rosensweig UNITED STATES DISTRICT COURT

13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 IN RE: YAHOO! INC. 16 Case No. CV 08-02150 MHP 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER REASSIGNING CASE CASE NO. CV 08-02150 MHP sf-2507648

CLASS ACTION

ELLEN ROSENTHAL BRODSKY, on Behalf of Herself and All Others Similarly Situated, Plaintiffs, v. YAHOO! INC., TERRY S. SEMEL, SUSAN L. DECKER, FARZAD NAZEM, and DANIEL ROSENSWEIG, Defendants.

(consolidated with CV 08-02115 CW) STIPULATION AND [PROPOSED] ORDER REASSIGNING CASE [CIVIL L.R. 3-12, 7-11]

This Document Relates To: All Actions

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STIPULATION Pursuant to Civil L.R. 3-12 and 7-11, and General Order 44, the parties in this securities class action, through their undersigned counsel, agree that the action presently captioned Hacker v. Yahoo!, et al., Case No. CV 08-02115 CW (N.D. Cal.) ("Hacker"), having already been ordered related to and consolidated into this action, should, therefore, be reassigned from the Honorable Claudia Wilken to the undersigned Judge. 1. This action was filed in the United States District Court for the Central District of

California on May 11, 2007. 2. 3. Hacker was filed in the Central District of California on June 15, 2007. On August 20, 2007, Judge Christina A. Snyder of the Central District of

California determined that Hacker is related to this action on the grounds that the two actions "involve common questions of law and fact," "are premised upon the same alleged false and misleading statements," and "are brought against the same defendants." Attachment A is a copy of the August 20, 2007 Order. 4. Also on August 20, 2007, Judge Snyder consolidated Hacker into this action

pursuant to Federal Rule of Civil Procedure 42(b) and the Private Securities Litigation Reform Act, 15 U.S.C. § 78u-4(a)(3)(B)(ii). Judge Snyder also appointed Pension Trust Fund for Operating Engineers and Pompano Beach Police & Firefighters' Retirement System as lead plaintiff, and approved the appointment of Coughlin Stoia Geller Rudman & Robbins LLP as lead counsel. 5. On January 10, 2008, Judge Snyder ordered that the docket in this action shall

constitute the Master Docket, that the file in this action shall constitute the Master File, that all subsequently filed related actions shall be consolidated into this action, and that documents filed in the Consolidated Action shall bear the caption In re: Yahoo! Inc. Attachment B is a copy of the January 10, 2008 Order. 6. On February 12, 2008, Defendants moved to transfer In re: Yahoo! to this Court

pursuant to 28 U.S.C. § 1404(a). 7. On March 10, 2008, Judge Snyder granted Defendants' motion to transfer. 1

STIPULATION AND [PROPOSED] ORDER REASSIGNING CASE CASE NO. CV 08-02150 MHP sf-2507648

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8.

On or about April 21, 2008, the clerk for the Central District of California

separately transmitted the files for this action and Hacker to the Northern District of California. 9. Upon receipt of the files in the Northern District of California, this action was

assigned to the undersigned Judge. Hacker was assigned to the Honorable Claudia Wilken (following the recusal of Judge Jeffrey White). 10. For the reasons set out above, the parties stipulate and agree that Hacker, having

already been ordered related to and consolidated into this action, should, therefore, be reassigned to the undersigned Judge. Dated: April 30, 2008 MORRISON & FOERSTER LLP By: /s/ Judson Lobdell [e-filing signature] Attorneys for Defendants Yahoo! Inc., Terry S. Semel, Susan L. Decker, Farzad Nazem, and Daniel Rosensweig Dated: April 30, 2008 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP By: /s/ Spencer A. Burkholz [e-filing signature] Attorneys for Lead Plaintiff [PROPOSED] ORDER Pursuant to the parties' stipulation and good cause appearing, this Court finds that the action presently captioned Hacker v. Yahoo!, et al., Case No. CV 08-02115 CW (N.D. Cal.), having already been ordered related and consolidated into this action, should be reassigned to the undersigned Judge. IT IS SO ORDERED.

Date: ____________________, 2008 MARILYN HALL PATEL UNITED STATES DISTRICT JUDGE

STIPULATION AND [PROPOSED] ORDER REASSIGNING CASE CASE NO. CV 08-02150 MHP sf-2507648

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STIPULATION AND [PROPOSED] ORDER REASSIGNING CASE CASE NO. CV 08-02150 MHP sf-2507648

ECF ATTESTATION I, Mark Foster, am the ECF User whose ID and Password are being used to file this: STIPULATION AND [PROPOSED] ORDER REASSIGNING CASE

In compliance with General Order 45, X.B., I hereby attest that Judson Lobdell and Spencer A. Burkholz have concurred in this filing. Dated: April 30, 2008 MORRISON & FOERSTER LLP By:/s/ Mark R.S. Foster [e-filing signature]

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Attachment A

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Attachment B

Case 2:07-cv-03125-CAS-FMO Document 35 Filed 04/30/2008 Page 2 of 3 2 Case 4:08-cv-02150-CW Document 3-3 Filed 01/10/2008 Page 1 of

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV07-3125-CAS(FMOx) consolidated with CV07-3902-CAS(FMOx) ELLEN ROSENTHAL BRODSKY v. YAHOO! INC.; ET AL. Date January 10, 2008

Present: The Honorable Catherine M. Jeang Deputy Clerk

CHRISTINA A. SNYDER, JUDGE Not Present Court Reporter / Recorder N/A Tape No.

Attorneys Present for Plaintiffs: Not Present Proceedings:

Attorneys Present for Defendants: Not Present

(IN CHAMBERS) - ORDER CONSOLIDATING CASES

The Court hereby ORDERS as follows: 1. 2. 3. Civil case nos. CV07-3125CAS(FMOx) and CV07-3902-CAS(FMOx) were consolidated by Court Order of August 20, 2007. Civil case no. CV07-3125CAS(FMOx) and CV07-3902-CAS(FMOx) are related within the meaning of Civil Local Rule 4.3. Civil case no. CV07-3902-CAS(FMOx) is consolidated into Civil Action No. CV07-3125CAS(FMOx) for purposes of pretrial and discovery proceedings before this Court. All related actions that are subsequently filed in, or transferred to, this district shall be consolidated into this action for pretrial and discovery purposes. This Order shall apply to every such related action, absent order of the Court. The docket in Civil Action No. CV07-3125-CAS(FMOx) shall constitute the Master Docket for this action.

4.

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Case 2:07-cv-03125-CAS-FMO Document 35 Filed 04/30/2008 Page 3 of 3 2 Case 4:08-cv-02150-CW Document 3-3 Filed 01/10/2008 Page 2 of

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL Case No. Title CV07-3125-CAS(FMOx) consolidated with CV07-3902-CAS(FMOx) ELLEN ROSENTHAL BRODSKY v. YAHOO! INC.; ET AL. Date January 10, 2008

6.

Every document filed in the Consolidated Action shall bear the following caption: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

IN RE: YAHOO! INC. AND RELATED CASES.

Master File No. CV07-3125- CAS(FMOx) consolidated with: CV07-3902-CAS(FMOx) [TITLE OF DOCUMENT]

This Document Relates To: 7. The file in Civil Action No. CV07-3125-CAS(FMOx) shall constitute the Master File for every action in the Consolidated Action. When the document being filed pertains to all actions, the phrase "All Actions" shall appear immediately after the phrase "This Document Relates:." When a document applies to only some, but not all, of the actions, the document shall list, immediately after the phrase "This Document Relates To:." the docket number for each individual action to which the document applies, along with the last name of the first-listed plaintiff in the said action (e.g. "No. CV07-3902-CAS(FMOx) (Hacker)"). The parties shall file a Notice of Related Cases pursuant to Civil Local Rule 4.3.1. whenever a case that should be consolidated into this action is filed in, or transferred to, this district. If the Court determines that the case is related, the clerk shall: a. place a copy of this Order in the separate file for such action; b. serve on plaintiffs' counsel in the new case a copy of this Order; c. direct that this Order be served upon the defendants in the new case; and d. make the appropriate entry in the Master Docket.

8.

IT IS SO ORDERED.
00 Initials of Preparer : CM J 00

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