IN RE BROCADE COMMUNICATIONS SYSTEMS, INC. DERIVATIVE LITIGATION

Filing 388

ORDER extending time to respond to complaint re 384 Stipulation filed by Brocade Communications Systems, Inc.. Signed by Judge Charles R. Breyer on 1/28/09. (be, COURT STAFF) (Filed on 1/28/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DEWEY & LEBOEUF LLP Barbara A. Caulfield ([e-mail]) Peter E. Root ([e-mail]) 1950 University Avenue, Suite 500 East Palo Alto, California 94303 Telephone: [phone] Facsimile: [phone] DEWEY & LEBOEUF LLP 1101 New York Avenue, N.W., Suite 1100 Washington, DC 20005 Telephone: [phone] Facsimile: [phone] DEWEY & LEBOUEF LLP 1301 Avenue of the Americas New York, New York 10019 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Brocade Communications Systems, Inc. (Addit ional Counsel shown on signature page) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

IN RE BROCADE COMMUNICATIONS SYSTEMS, INC. DERIVATIVE LITIGATION This Document Relates to: ALL ACTIONS

Case No. C 05-02233 CRB STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR ROBERT D. BOSSI TO RESPOND TO COMPLAINT Courtroom: 8, 19th Floor THE HONORABLE CHARLES R. BREYER

.

STIPULATION & [PROPOSED] ORDER EXTENDING TIME C 05-02233 CRB

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. /s/ Michael David Torpey Michael David Torpey Attorneys For Defendant Robert D. Bossi
STIPULATION & [PROPOSED] ORDER EXTENDING TIME C 05-02233 CRB

STIPULATION WHEREAS, on December 12, 2008, the Court granted in part and denied in part Defendants' motions to dismiss the Second Amended Complaint; WHEREAS, under the Federal Rules of Civil Procedure, the remaining Defendants Gregory L. Reyes, Antonio Canova, Seth D. Neiman, Neal Dempsey, and Robert D. Bossi (collectively "Defendants") had to December 29, 2008, within which to file answers to the Second Amended Complaint; WHEREAS, pursuant to stipulation of the parties, and this Court's Order dated January 7, 2009 (Dkt. No. 378), the Defendants' time to file a responsive pleading was extended to January 23, 2009; WHEREAS, defendant Robert D. Bossi has requested additional time in which to file an answer to the Second Amended Complaint, and Brocade has agreed to such an extension of time; IT IS HEREBY STIPULATED by and between the undersigned as follows: Defendant Robert D. Bossi shall have until January 30, 2009 to file an answer to the Second Amended Complaint.

Dated: January 23, 2009

DEWEY & LEBOEUF LLP

/s/ Peter E. Root Peter E. Root Attorneys For Plaintiff BROCADE COMMUNICATIONS SYSTEMS, INC. Dated: January 23, 2009 ORRICK, HERRINGTON & SUTCLIFFE LLP

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.
STIPULATION & [PROPOSED] ORDER EXTENDING TIME C 05-02233 CRB

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Peter E. Root, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Extending Time for Robert D. Bossi to Respond to Complaint. In compliance with General Order 45.X.B., I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 23rd day o f January 2009, at East Palo Alto, California.

/s/ Peter E. Root Peter E. Root

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED

UNIT ED

J __ __ ____ DATED:__an._28,_2009 _

S

S DISTRICT TE C TA

______________________________ JUDGE CHARLES R. BREYER

ER

N

F D IS T IC T O R

A

C

LI

FO

harles Judge C

R. Brey

er

R NIA

OO IT IS S

RDERE

D

RT U O

NO

RT

H