Rosenbaum Capital, LLC v. McNulty et al

Filing 56

STIPULATION AND ORDER Regarding Case Schedule. Signed by Judge Samuel Conti on 9/5/08. (tdm, COURT STAFF) (Filed on 9/5/2008)

1 MICHAEL L. CHARLSON (SBN 122125) 2 275 Middlefield Road

HELLER EHRMAN LLP

3 Telephone: [phone]

Menlo Park, California 94025-3506 Facsimile: +1.650.324.0638

4 E-Mail: [e-mail] 5 CAROL LYNN THOMPSON (SBN 148079) 6 HELLER EHRMAN LLP

NATHANIEL SPENCER-MORK (SBN 226886)

7 San Francisco, California 94104-2878 8 Facsimile: +1.415.772.6268

333 Bush Street

Telephone: [phone]

9 E-Mail: [e-mail] 10 Attorneys for Defendants

E-Mail: [e-mail]

11 SECURE COMPUTING CORPORATION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Heller Ehrman LLP

JOHN E. MCNULTY, TIM STEINKOPF and UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ROSENBAUM CAPITAL, LLC, Plaintiff, v. JOHN E. MCNULTY, TIM STEINKOPF AND SECURE COMPUTING CORPORATION, Defendants. Case No.: 3:07-CV-0392 SC STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE FED. R. CIV. P. 26(a)(1) The Honorable Samuel Conti

STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO.: 3:07-CV-0392 SC

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WHEREAS, the above-captioned action is a class action brought by plaintiff,

2 Rosenbaum Capital, LLC, against defendants John McNulty, Tim Steinkopf and Secure 3 Computing Corporation (collectively "Defendants"; collectively with Plaintiff, "Parties") 4 alleging violations by the Defendants of the federal securities laws; 5

WHEREAS, believing there are reasonable prospects for settlement of this action,

6 counsel for the Parties have met and conferred in an effort to schedule a mediation of this 7 dispute; 8

WHEREAS, the Parties had agreed to a mediation that was scheduled for October

9 30, 2008 before Hon. Daniel Weinstein (Ret.); 10

WHEREAS, owing to changes in the mediator's schedule, the mediator informed the

11 parties on August 29 that he had become unavailable for the scheduled October 30 12 mediation; 13

WHEREAS, the Parties are diligently seeking a new date, if necessary before a

14 different mediator, with the goal of conducting a mediation before the end of October; 15

NOW THEREFORE, IT IS STIPULATED AND AGREED by the Parties, through

16 their respective counsel of record, as follows: 17

1.

The Parties will promptly file a Joint Status Report notifying the Court of the

18 details of the mediation once it is confirmed. 19

2.

The Parties agree to vacate the hearing date of November 21, 2008 for

20 Plaintiff's Motion for Class Certification to permit the parties time to conduct a mediation. 21 The parties further agree to vacate all deadlines for submissions relating to the hearing on 22 class certification. 23

3.

The Parties agree that the Case Management Conference scheduled for

24 November 21, 2008, will remain in place. The Parties will file a Joint Case Management 25 Conference Statement no later than November 11, 2008. The Joint Case Management 26 Conference Statement will inform the Court regarding the results of the mediation. In the 27 event that mediation is unsuccessful, the Parties will propose a new schedule for briefing 28 hearing Plaintiff's Motion for Class Certification.
Heller Ehrman LLP

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO.: 3:07-CV-0392 SC

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4.

The Parties agree that to avoid substantial additional costs to the parties and to

2 enhance the possibility of reaching a settlement, discovery activity shall be suspended from 3 the date of the filing of this Stipulation until November 11, 2008. Specifically, the Parties 4 will suspend meet-and-confer activities regarding Plaintiff's responses to Defendants' First 5 Sets of Requests for Production and Interrogatories; Defendants will suspend rolling 6 production of documents responsive to Plaintiff's First Set of Requests for Production of 7 Documents; and the Depositions of Jonathan Levene and Rosenbaum Capital Management 8 LLC, currently noticed for September 9, 2008, shall be taken off calendar; however, to the 9 extent that third parties have responded or do respond to Defendants' subpoenas, 10 Defendants will provide Plaintiff with duplicate copies of all such documents. The 11 temporary suspension of discovery activity shall be without prejudice to any party. Without 12 limiting the generality of the foregoing, any new schedule that may be set in the case 13 following an unsuccessful mediation shall allow Defendants sufficient time to complete 14 class discovery from Plaintiff before opposing any motion for class certification, including, 15 without limitation, discovery from Scott Hakala regarding the matters set forth in his 16 Declaration Regarding Market Efficiency and Loss Causation filed August 29, 2008. The 17 temporary suspension of discovery activity shall not extend to discovery in response to 18 subpoenas previously served on third parties. 19

5.

By executing this Stipulation, the parties do not waive, and instead expressly

20 retain, all claims, defenses and arguments whether procedural, substantive or otherwise. 21 This Stipulation is without prejudice to any subsequent motion to stay this action. Any 22 Order entered pursuant to this Stipulation is without prejudice to the rights of any party to 23 apply for a modification of this Order for good cause. 24 // 25 // 26 // 27 // 28 //
Heller Ehrman LLP

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO.: 3:07-CV-0392 SC

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IT IS SO STIPULATED. September 4, 2008 HELLER EHRMAN LLP By /s/ Michael L. Charlson MICHAEL L. CHARLSON Attorneys for Defendants FEDERMAN & SHERWOOD By /s/ William B. Federman William B. Federman 10205 N. Pennsylvania Oklahoma City, OK 73120 Telephone: [phone] Facsimile: [phone] Lead Counsel for Plaintiffs Robert S. Green GREEN WELLING LLP 595 Market Street, Suite 2750 San Francisco, CA 94105 Telephone; [phone] Facsimile: [phone] Email: [e-mail] Liaison Counsel for Plaintiffs

6 September 4, 2008 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Heller Ehrman LLP

GENERAL ORDER 45 ATTESTATION I, Michael L. Charlson, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE. In compliance with General Order 45, X.B., I hereby attest that William B. Federman, Lead Counsel for Plaintiffs, have concurred in this filing. Dated: September 4, 2008 By: /s/ Michael L. Charlson___ Michael L. Charlson HELLER EHRMAN LLP Attorneys for Defendants JOHN E. MCNULTY, TIM STEINKOPF and SECURE COMPUTING CORPORATION 3
STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE CASE NO.: 3:07-CV-0392 SC

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[PROPOSED] ORDER. PURSUANT TO STIPULATION, IT IS HEREBY ORDERED: (1) The Parties shall promptly file a Joint Status Report notifying the Court of the details of the mediation once it is confirmed. (2) The hearing on Plaintiff's Motion for Class Certification currently set for November 21, 2008 and all deadlines regarding the Motion for Class Certification are VACATED. (3) The Case Management Conference set for November 21, 2008 shall be remain on calendar. The Parties shall file a Joint Case Management Conference Statement by November 11, 2008. (4) To avoid substantial additional costs to the parties and to enhance the possibility of reaching a settlement, discovery activity between and among the parties shall be suspended until November 11, 2008, without prejudice to any party. IT IS SO ORDERED.
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DATED: 9/5/08

ERED _________________________________________ O ORD IT IS S THE HONORABLE SAMUEL CONTI UNITED STATES DISTRICT COURT JUDGE ti uel Con
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