IN RE BROCADE COMMUNICATIONS SYSTEMS, INC. DERIVATIVE LITIGATION

Filing 391

ORDER suspending deadline re 389 Stipulation filed by Brocade Communications Systems, Inc.. Signed by Judge Charles R. Breyer on 2/02/09. (be, COURT STAFF) (Filed on 2/3/2009)

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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. (Additional 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 SUSPENDING DEADLINE FOR DEFENDANT ROBERT D. BOSSI TO ANSWER COMPLAINT Courtroom: 8, 19th Floor THE HONORABLE CHARLES R. BREYER

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STIPULATION & [PROPOSED] ORDER SUSPENDING DEADLINE C 05-02233 CRB

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STIPULATION & [PROPOSED] ORDER SUSPENDING DEADLINE C 05-02233 CRB

STIPULATION WHEREAS, pursuant to stipulation between plaintiff Brocade Communications Systems, Inc. ("Brocade") and defendant Robert D. Bossi ("Bossi"), and this Court's Order dated January, 28, 2009 (Dkt. No. 388), Bossi's time to answer the Second Amended Complaint was extended to January 30, 2009; WHEREAS, Brocade and Bossi have entered in to a settlement agreement dated January 26, 2009, and expect within the next week to file a joint motion for an Order approving the settlement of Brocade's claims in the above-captioned action against Bossi, and entering a contribution bar order in favor of Bossi; WHEREAS, in view of this settlement, Brocade and Bossi respectfully request this Court to suspend Bossi's deadline to answer the Second Amended Complaint pending completion of the settlement approval process in this Court; IT IS HEREBY STIPULATED by and between Brocade and Bossi, subject to this Court's approval, that Bossi's deadline to answer the Second Amended Complaint shall be suspended pending a determination on the forthcoming joint motion of Brocade and Bossi seeking approval of the settlement and a contribution bar order. Dated: January 30, 2009 DEWEY & LEBOEUF LLP

/s/ Peter E. Root Peter E. Root Attorneys For Plaintiff BROCADE COMMUNICATIONS SYSTEMS, INC. Dated: January 30, 2009 ORRICK, HERRINGTON & SUTCLIFFE LLP

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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 Suspending Deadline for Defendant Robert D. Bossi to Answer 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 30th day of January 2009, at East Palo Alto, California.

/s/ Peter E. Root Peter E. Root

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED

Feb. 02, 2009 DATED:_____________

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