IN RE BROCADE COMMUNICATIONS SYSTEMS, INC. DERIVATIVE LITIGATION

Filing 392

ORDER extending time to file third-party complaint without obtaining leave by motion re 390 Stipulation filed by Gregory L. Reyes. Signed by Judge Charles R. Breyer on 2/3/09. (be, COURT STAFF) (Filed on 2/3/2009)

1 RICHARD MARMARO (Bar No. 91387) [e-mail] 2 JACK P. DICANIO (Bar No. 138782) [e-mail] 3 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 300 South Grand Avenue 4 Los Angeles, California 90071-3144 Tel: [phone] Fax: [phone] Attorneys for Defendant GREGORY L. REYES 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CASE NO.: C 05-02233 CRB STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR GREGORY L. REYES TO FILE THIRDPARTY COMPLAINT WITHOUT OBTAINING LEAVE BY MOTION

11 IN RE BROCADE COMMUNICATIONS SYSTEMS, INC., DERIVATIVE 12 LITIGATION 13 14 15 16 17 18 19 20 This Document Relates To ALL ACTIONS

STIPULATION WHEREAS, on January 23, 2009, defendant Gregory L. Reyes ("Reyes") filed and served

21 his original answer in this action; 22 WHEREAS, pursuant to Rule 14(a)(1) of the Federal Rules of Civil Procedure, Reyes may,

23 without obtaining leave of court by motion, file a third-party complaint against a non-party within 24 10 days after serving his original answer, or by February 2, 2009; 25 WHEREAS the parties have been working towards an agreement to resolve this action

26 through binding arbitration in lieu of trial in the District Court and require additional time to 27 finalize the terms of such agreement; 28 1
STIPULATION AND [PROPOSED] ORDER; No. C 05-02233 CRB

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WHEREAS Reyes seeks to preserve his right to file a third-party complaint without

2 obtaining leave by motion in the event the parties proceed to trial in the District Court, and avoid 3 unnecessary filing in the District Court in the event the parties proceed in arbitration; 4 WHEREAS Reyes has requested an extension of time in which to file a third-party

5 complaint without obtaining leave of court by motion and Brocade has agreed to such an extension 6 of time; 7 8 IT IS HEREBY STIPULATED by and between the undersigned as follows: Defendant Gregory L. Reyes shall have until February 16, 2009 to file a third-party

9 complaint without obtaining leave of court by motion. 10 11 12 13 14 15 16 17 DATED: February 2, 2009 18 19 20 21 22 23 24 25 26 27 28 2
STIPULATION AND [PROPOSED] ORDER; No. C 05-02233 CRB

DATED: February 2, 2009

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP By: /s/Richard Marmaro Richard Marmaro Attorneys for Defendant Gregory L. Reyes DEWEY & LEBOEUF LLP By: /s/Peter E. Root Peter E. Root Attorneys for Plaintiff Brocade Communications Systems, Inc WILMER CUTLER PICKERING HALE & DORR By: /s/Jonathan A. Shapiro Jonathan A. Shapiro Attorneys for Defendant Seth D. Neiman K&L GATES LLP By: /s/Jeffrey L. Bornstein Jeffrey L Bornstein Attorneys for Defendant Neal Dempsey

DATED: February 2, 2009

DATED: February 21, 2009

1 2 3 4 Feb. 03, 2009 5 Dated: 6 7 8 9 Respectfully submitted,

[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

S DISTRICT TE C TA ___________________________________
The Honorable Charles R. Breyer UNITED STATES DISTRICTDERED R JUDGE

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SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Richard Marmaro 10 Jack P. DiCanio 11 By: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 /s/ Richard Marmaro RICHARD MARMARO Attorneys for Defendant GREGORY L. REYES

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STIPULATION AND [PROPOSED] ORDER; No. C 05-02233 CRB

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I, Richard Marmaro, am the ECF User whose identification and password are being used to

2 file this Stipulation and [Proposed] Order Extending Time for Gregory L. Reyes to File Third-Party 3 Complaint Without Obtaining Leave By Motion. In compliance with General Order 45.X.B., I 4 hereby attest that the signatories have concurred in this filing. 5 6 DATED: February 2, 2008 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4
STIPULATION AND [PROPOSED] ORDER; No. C 05-02233 CRB

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP

/s/ Richard Marmaro Richard Marmaro