Free Proposed Order - District Court of California - California

Case 4:07-cv-05101-SBA

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BIKASH MOHAN MOHANTY, Individually And On Behalf of All Others Similarly Situated, Plaintiff, No. 4:07-cv-05101-SBA [PROPOSED] ORDER GRANTING MOTION OF SPHERA FUND FOR CONSOLIDATION FO RELATED ACTIONS, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S SELECTION OF CO-LEAD COUNSEL Date: January 8, 2008 Time: 1:00 p.m. Courtroom 3 Hon. Saundra B. Armstrong

AMIR BASSAN-ESKENAZI, RAN OZ, FREDERICK BALL, GAL ISRAELY, DEAN GILBERT, KEN GOLDMAN, LLOYD CARNEY, BRUCE SACHS, ROBERT SACHS, GEOFFREY YANG, MORGAN STANLEY & CO. INC., MERRILL LYNCH PIERCE FENNER & SMITH INC., JEFFRIES & CO. INC., THINKEQUITY PARTNERS LLC, BIGBAND NETWORKS INC. and COWEN & CO. INC., Defendants. DENNIS KOESTERER, on behalf of himself and all others similarly situated, Plaintiff,

No. 3:07-cv-05168-MMC

BIGBAND NETWORKS INC., AMIR BASSAN-ESKENAZI, FREDERICK A. BALL, RAN OZ, LLOYD CARNEY, DEAN GILBERT, KENNETH A. GOLDMAN, GAL ISRAELY, BRUCE SACHS, ROBERT SACHS and GEOFFREY YANG, Defendants. [Captions Continue on Following Pages]

[PROPOSED] ORD ER GRANT ING MOT ION OF SPHERA FUND FOR C ONSOLIDAT ION OF RELAT ED ACTION S, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S SELECTION OF CO-LEAD COUNSEL 1

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ABRENA WINSTON, Individually And On Behalf of All Others Similarly Situated, Plaintiff, v. BIGBAND NETWORKS INC., RAN OZ, FREDERICK A. BALL, GAL ISRAELY, DEAN GILBERT, KENNETH A. GOLDMAN, LLOYD CARNEY, BRUCE I. SACHS, ROBERT J. SACHS, GEOFFREY Y. YANG, MERRILL LYNCH PIERCE FENNER & SMITH INCORPORATED, MORGAN STANLEY & CO. INCORPORATED, COWEN & COMPANY INC., JEFFRIES & COMPANY INC., LLC, and THINKEQUITY PARTNERS LLC, Defendants. DONALD SMITH, on behalf of himself and all others similarly situated, Plaintiff,

No. 3:07-cv-05327-JSW

No. 3:07-cv-05361-SI

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[PROPOSED] ORD ER GRANT ING MOT ION OF SPHERA FUND FOR C ONSOLIDAT ION OF RELAT ED ACTION S, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S SELECTION OF CO-LEAD COUNSEL 2

v. BIGBAND NETWORKS, INC., AMIR BASSAN-ESKENAZI, FREDERICK A. BALL, Defendants. [Captions Continue on Following Pages]

Case 4:07-cv-05101-SBA

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WAYNE LUZON, on behalf of himself and all others similarly situated, Plaintiff, v. BIGBAND NETWORKS INC., AMIR BASSAN-ESKENAZI, RAN OZ, FREDERICK A. BALL, GAL ISRAELY, DEAN GILBERT, KENNETH A. GOLDMAN, LLOYD CARNEY, BRUCE I. SACHS, ROBERT J. SACHS, GEOFFREY Y. YANG, MORGAN STANLEY & CO. INCORPORATED, MERRILL LYNCH PIERCE FENNER & SMITH INCORPORATED, JEFFRIES & COMPANY INC., COWEN & COMPANY LLC and THINKEQUITY PARTNERS LLC, Defendants. DEBRA L. BERNSTEIN, Individually and On Behalf of All Others Similarly Situated, Plaintiff, v. BIGBAND NETWORKS, INC., AMIR BASSAN-ESKENAZI, RAN OZ, FREDERICK A. BALL, GAL ISRAELY, DEAN GILBERT, KENNETH A. GOLDMAN, LLOYD CARNEY, BRUCE I. SACHS, ROBERT J. SACHS, GEOFFREY Y. YANG, MORGAN STANLEY & CO. INCORPORATED, JEFFRIES & COMPANY INC., MERRILL LYNCH, PIERCE FENNER & SMITH INCORPORATED, COWEN & COMPANY LLC and THINKEQUITY PARTNERS LLC, Defendants. [Captions Continue on Following Page]

No. 3:07-cv-05637-WHA

No. 3:07-cv-05819-CRB

[PROPOSED] ORD ER GRANT ING MOT ION OF SPHERA FUND FOR C ONSOLIDAT ION OF RELAT ED ACTION S, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S SELECTION OF CO-LEAD COUNSEL 3

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EUGENE L. HAMMER, on behalf of himself and all others similarly situated, Plaintiff, v. BIGBAND NETWORKS INC., AMIR BASSAN-ESKENAZI, RAN OZ, FREDERICK A. BALL, LLOYD CARNEY, DEAN GILBERT, KENNETH A. GOLDMAN, GAL ISRAELY, BRUCE I. SACHS, ROBERT J. SACHS and GEOFFREY Y. YANG, Defendants.

No. 3:07-cv-05825-MHP

[PROPOSED] ORDER Having considered the motion of Sphera Fund for consolidation fo related actions, appointment as Lead Plaintiff and for approval of Lead Plaintiff's selection of Co-Lead Counsel, the memorandum of law in support thereof, the declaration of Lionel Z. Glancy in support of that motion and good cause appearing therefor, IT IS HEREBY ORDERED: 1) 2) The Motion is granted. This Order (the "Order") shall apply to the above-captioned action (the "Action")

and to each case that relates to the same subject matter that is subsequently filed in this Court or is transferred to t his Court and consolidated with the Action (collectively, the "Consolidated Action"). 3) 4) An original of this Order shall be filed by the Clerk in the Master File. The Clerk shall mail a copy of this Order to counsel of record in the

Consolidated Action. 5) Every pleading in the Consolidated Action shall have the following caption:

[PROPOSED] ORD ER GRANT ING MOT ION OF SPHERA FUND FOR C ONSOLIDAT ION OF RELAT ED ACTION S, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S SELECTION OF CO-LEAD COUNSEL 4

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IN RE BIGBAND NETWORKS, INC. SECURITIES LITIGATION 6)

No.4:07-cv-05101-SBA

Each new case that arises out of the subject matter of the Consolidated Action

which is filed in this Court or transferred to this Court, shall be consolidated with the Consolidated Action and this Order shall apply thereto, unless a party objects to consolidation, as provided for herein, or any provision of this Order, within ten (10) days after the date upon which a copy of this Order is served o n counsel for such party, by filing an application for relief and this Court deems it appropriate to grant such application. Nothing in the foregoing shall be construed as a waiver of Defendants' right to object to consolidation of any subsequently filed or transferred related action. 7) The Court requests the assist ance of counsel in calling attention to the Clerk of

this Court the filing or t ransfer of any case t hat might properly be consolidated as part of the Consolidated Action. 8) When a case that arises out of the same subject matter as the Consolidated

Action is hereinafter filed in this Court or transferred from another Court, the Clerk of this Court shall: a) b) file a copy of this Order in the separate file for such action; mail a copy of this Order t o the attorneys for the plaintiff(s) in the newly

filed or transferred case and to any new defendant(s) in the newly filed case; and c) Action. 9) Movant Sphera Fund is appointed to serve as Lead Plaintiff in the above-captioned make the appropriate entry in the Master Docket for the Consolidated

Action, pursuant to 15 U.S.C. §77z-1(a)(3)(B). 10) The law firms Glancy Binkow & Goldberg LLP and The Law Office of Jacob Sabo

are hereby approved as Co-Lead Counsel for the Class. Lead Counsel shall provide general supervision of the activities of plaintiff's counsel and shall have the following responsibilities and

[PROPOSED] ORD ER GRANT ING MOT ION OF SPHERA FUND FOR C ONSOLIDAT ION OF RELAT ED ACTION S, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S SELECTION OF CO-LEAD COUNSEL 5

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duties to perform or delegate as appropriate: a) b) to brief and argue motions; to initiate and conduct discovery, including, without limitation,

coordination of discovery with defendants' counsel, preparation of written interrogatories, requests for admission and requests for production of documents; c) d) e) from time to time; f) defendants; g) to provide general coordination of the activities of plaintiffs' counsel to initiate and conduct any settlement negotiations with counsel for to direct and coo rdinate the examination of witnesses in depositions; to act as spokesperson at pretrial conferences; to call and chair meetings of plaintiffs' counsel as appropriate or necessary

and to delegate work responsibilities to selected counsel as may be required in such a manner as to lead to the orderly and efficient prosecution of this litigation and to avoid duplication or unproductive effort;

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[PROPOSED] ORD ER GRANT ING MOT ION OF SPHERA FUND FOR C ONSOLIDAT ION OF RELAT ED ACTION S, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S SELECTION OF CO-LEAD COUNSEL 6

h) i)

to consult and employ experts; to receive and review periodic time reports of all attorneys on behalf of

plaintiffs, to determine if the time is being spent appropriately and for the benefit of plaintiffs and to determine and distribute plaintiffs' attorneys' fees; and j) order of this Court. to perform such other duties as may be expressly authorized by further

Dated: ________________, 2007

_______________________________ Honorable Saundra B. Armstrong United States District Judge

Case 4:07-cv-05101-SBA

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Submitted by: Lionel Z. Glancy (#134180) GLANCY BINKOW & GOLDBERG LLP 1801 Avenue of the Stars, Suite 311 Los Angeles, California 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 Jacob Sabo THE LAW OFFICE OF JACOB SABO The Tower No. 3 Daniel Frisch Street 15th Floor Tel Aviv, Israel 64731 Telephone: 011-972 3 607 88 88 Facsimile: 011-972 3 607 88 89 Attorneys for Movant Sphera Fund and Proposed Co-Lead Counsel

[PROPOSED] ORD ER GRANT ING MOT ION OF SPHERA FUND FOR C ONSOLIDAT ION OF RELAT ED ACTION S, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S SELECTION OF CO-LEAD COUNSEL 7