Rosenbaum Capital, LLC v. McNulty et al

Filing 61

STIPULATION AND ORDER re briefing schedule for the Motion for Preliminary Approval of Settlement and setting the hearing for Preliminary Approval of Settlement on February 6, 2009 at 10:00 a.m. Signed by Judge Samuel Conti on 12/2/08. (tdm, COURT STAFF) (Filed on 12/2/2008)

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

MICHAEL L. CHARLSON (Bar No. 122125) HOGAN & HARTSON L.L.P. 525 University Avenue, 2nd Floor Palo Alto, California 94601 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants John E. McNulty, Tim Steinkopf and Secure Computing Corporation WILLIAM B. FEDERMAN (Pro Hac Vice) FEDERMAN & SHERWOOD 10205 N. Pennsylvania Oklahoma City, Oklahoma 73120 Telephone: [phone] Facsimile: [phone] Lead Counsel for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ROSENBAUM CAPITAL, LLC, Plaintiff, v. JOHN E. MCNULTY, TIM STEINKOPF and SECURE COMPUTING CORPORATION, Defendant.

No. 3:07-CV-0392-SC JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR PRELIMINARY APPROVAL OF SETTLMENT The Honorable Samuel Conti

Joint Stipulation and [Proposed] Order Regarding Briefing Schedule for Preliminary Approval of Settlement

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

WHEREAS the parties to this litigation, Lead Plaintiff Rosenbaum Capital, LLC and defendants Secure Computing Corporation, John McNulty and Tim Steinkopf (collectively "the parties") engaged in a mediation on October 14, 2008 before the Hon. Layn Phillips (Ret.) of Judicial Arbitration & Mediation Services (J.A.M.S.) that resulted in a settlement in principal; WHEREAS the parties are in the process of finalizing the documents memorializing the terms of that settlement, including the Stipulation of Settlement, the Notice of Settlement, the [Proposed] Final Judgment, the [Proposed] Preliminary Approval Order, the [Proposed] Order Approving Award of Attorneys' Fees and Reimbursement of Expenses, the Summary Notice for Publication and the Proof of Claim and Release; WHEREAS Lead Plaintiff intends to file a motion seeking preliminary approval of the terms of the settlement and authorizing the mailing of class notice ("the Preliminary Approval Motion"); WHEREAS the parties are informed that the next available date for a hearing on the Preliminary Approval Motion is January 9, 2009; WHEREAS Defendants do not intend to oppose the Preliminary Approval Motion so that no opposition or reply memoranda will be filed in advance of the hearing;

1

Joint Stipulation and [Proposed] Order Regarding Briefing Schedule for Preliminary Approval of Settlement

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

THEREFORE, IT IS STIPULATED AND AGREED by Lead Plaintiff and Defendants, through their respective counsel of record, as follows: The Preliminary Approval Motion shall be heard on January 9, 2009; and The briefing schedule for the Preliminary Approval Motion shall be modified so that Lead Plaintiff may file its Motion less than 35 days before the hearing date of January 9, 2009 provided that such papers are filed no later than December 19, 2008. IT IS SO STIPULATED.

DATED: December 1, 2008 By:_________________/s/ William B. Federman (admitted Pro Hac Vice) FEDERMAN & SHERWOOD 10205 N. Pennsylvania Avenue Oklahoma City, Oklahoma 73120 Telephone: [phone] Facsimile: [phone] Lead Counsel for Plaintiffs

By:_________________/s/_ Michael L. Charlson (SBN 122125) HOGAN & HARTSON LLP 525 University Ave, 2nd Floor Palo Alto, California 94301 Phone: [phone] Facsimile: [phone] Attorneys for Defendants John E. McNulty, Tim Steinkopf and Secure Computing Corporation

2

Joint Stipulation and [Proposed] Order Regarding Briefing Schedule for Preliminary Approval of Settlement

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

I, Michael L. Charlson, am the ECF User whose ID and password are being used to file this Joint Stipulation and [Proposed] Order Regarding Briefing Schedule for Preliminary Approval of Settlement. In compliance with General Order 45, X.B., I hereby attest that William B. Federman has concurred in this filing.

DATED: December 1, 2008

HOGAN & HARTSON LLP By /s/ Michael L. Charlson

3

Joint Stipulation and [Proposed] Order Regarding Briefing Schedule for Preliminary Approval of Settlement

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. IT IS HEREBY ORDERED that:

[PROPOSED] ORDER

Upon reading and considering the stipulation of the parties and good cause appearing,

The briefing schedule for the Motion for Preliminary Approval of Settlement is

hereby modified. 2. Lead Plaintiff shall file the unopposed Motion for Preliminary Approval of

Settlement by December 19, 2008. 3. The hearing on the Motion for Preliminary Approval of Settlement will take place

on January 9, 2009, at 10 a.m.

February 6, 2009 at 10:00 a.m.
ISTRIC ES D TC AT T ________________________________

12/2/08 Dated: ____________, 2008

RT U O

ER

N

F D IS T IC T O R

4

Joint Stipulation and [Proposed] Order Regarding Briefing Schedule for Preliminary Approval of Settlement

A

C

LI

FO

Judge S

onti amuel C

R NIA

The Honorable Samuel Conti ERED O ORD U.S. District Court Judge IT IS S
NO

UNIT ED

S

RT

H