Rosenbaum Capital, LLC v. McNulty et al

Filing 68

STIPULATION AND ORDER regarding briefing schedule for preliminary approval of settlement. Signed by Judge Samuel Conti on 1/6/09. (tdm, COURT STAFF) (Filed on 1/7/2009)

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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 SETTLEMENT The Honorable Samuel Conti

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

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WHEREAS the parties to this litigation, Lead Plaintiff Rosenbaum Capital, LLC and defendants Secure Computing Corporation ("Secure" or the "Company"), John McNulty and Tim Steinkopf (collectively "the parties") engaged in a mediation on October 14, 2008 before the Hon. Layn Phillips (Ret.) 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 on December 2, 2008 the Court ordered that Lead Plaintiff file its Motion for Preliminary Approval of Settlement ("the Preliminary Approval Motion") and scheduled the hearing on Lead Plaintiff's Preliminary Approval Motion for February 6, 2009 at 10:00a.m.; WHEREAS there remains a final outstanding issue between the Company and its insurer; however it is believed that this issue can be resolved on or before January 2, 2009, which would be the normal 35-day notice deadline for a February 6, 2009 hearing; WHEREAS the parties request that the briefing schedule for Lead Plaintiff's Preliminary Approval Motion be modified to provide that the Stipulation of Settlement and Lead Plaintiff's Preliminary Approval Motion be filed on or before January 2, 2009 and that the hearing on the Preliminary Approval Motion proceed as currently scheduled on February 6, 2009 at 10:00a.m. WHEREAS Defendants do not intend to oppose Lead Plaintiff's Preliminary Approval Motion so that the parties do not expect that opposition or reply memoranda will be filed in advance of the hearing;

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

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THEREFORE, IT IS STIPULATED AND AGREED by Lead Plaintiff and Defendants, through their respective counsel of record, as follows: The briefing schedule for the Preliminary Approval Motion shall be modified so that the Stipulation of Settlement and Lead Plaintiff's Preliminary Approval Motion may be filed on or before January 2, 2009 which is no less than 35 days before the current hearing date of February 6, 2009. IT IS SO STIPULATED:

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

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

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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 19, 2008

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

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

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[PROPOSED] ORDER

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

The hearing on the Motion for Preliminary Approval of Settlement will take place

on February 6, 2009, at 10 a.m. 2. The briefing schedule for the Motion for Preliminary Approval of Settlement is

hereby modified. 3. The Stipulation of Settlement and Lead Plaintiff's Preliminary Approval Motion

may be filed on or before January 2, 2009, which is no less than 35 days before the hearing date of February 6, 2009.
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January 6 Dated: ____________, 2008

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

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________________________________ ED ORDER IT IS Samuel Conti The Honorable SO U.S. District Court Judge nti
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