Wixon et al v. Wyndham Resort Development Corp., et al

Filing 436

STIPULATION AND ORDER. Signed by Magistrate Judge Bernard Zimmerman on 12/10/2009. (bzsec, COURT STAFF) (Filed on 12/10/2009)

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Jonathan K. Levine (State Bar No. 220289) [e-mail] Elizabeth C. Pritzker (State Bar No. 146267) [e-mail] Todd I. Espinosa (State Bar No. 209591) [e-mail] GIRARD GIBBS LLP 601 California Street San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] Attorneys for Individual and Representative Plaintiffs Clarke and Rebecca Wixon and Norman and Barbara Wixon [Additional counsel appear on signature page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Clarke and Rebecca Wixon and Norman and Barbara Wixon, derivatively and on behalf of themselves and all others similarly situated, Plaintiffs, v. Wyndham Resort Development Corp. (f/k/a Trendwest Resorts, Inc.), Gene Hensley, David Herrick, John Henley, Peggy Fry and John McConnell, and nominally, WorldMark, The Club, Defendants. Case No. C 07-02361 JSW (BZ) STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO DIRECTOR DEFENDANTS' INTERROGATORIES CLASS AND DERIVATIVE ACTION

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO DIRECTOR DEFENDANTS' INTERROGATORIES CASE NO. C 07 2361 JSW (BZ)

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WHEREAS the Court, on April 14, 2009, entered its order, inter alia, directing that Plaintiffs Clarke and Rebecca Wixon and Norman and Barbara Wixon (collectively, "Plaintiffs") provide further responses to Defendants Gene Hensley, David Herrick, John Henley, Peggy Fry and John McConnell's (collectively, the "Director Defendants") Interrogatories Nos. 1(a), 2(a), 2(b), 3(a), 3(b), 4(a), and 4(b) (the "Director Defendants' Interrogatories") within 60 days after the Court's ruling on Director Defendants' motion challenging Plaintiffs' adequacy as representatives under Rule 23.1 of the Federal Rules of Civil Procedure (Dkt. No. 240); WHEREAS the Court, on October 19, 2009, entered its order granting in part and denying in part the Director Defendants' Rule 23.1 motion (Dkt. No. 420); WHEREAS, in accordance with the Court's April 14, 2009 order, Plaintiffs' further responses to the Director Defendants' Interrogatories are due on December 18, 2009; WHEREAS the parties are discussing methods for resolving this litigation, with assistance from the Honorable William J. Cahill (Ret.) of JAMS; and WHEREAS Plaintiffs have requested and the Director Defendants have agreed to a three week extension of the date by which Plaintiffs' further responses shall be provided; IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and the Director Defendants, by and through their respective counsel, that, subject to the approval of the Court, Plaintiffs' further responses to the Director Defendants' Interrogatories shall be served on January 8, 2010, rather than December 18, 2009.

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO DIRECTOR DEFENDANTS' INTERROGATORIES CASE NO. C 07 2361 JSW (BZ)

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Dated: December 9, 2009

Respectfully submitted, GIRARD GIBBS LLP By: /s/ Elizabeth C. Pritzker Elizabeth C. Pritzker

Jonathan K. Levine Todd Espinosa GIRARD GIBBS, LLP 601 California Street, 14th Floor San Francisco, California 94108 Telephone: [phone] Facsimile: [phone] James Helfrich (admitted pro hac vice) GERSH & HELFRICH, LLP 1860 Blake Street, Suite 300 Denver, Colorado 80202 Telephone: [phone] Facsimile: [phone] Attorneys for Individual and Representative Plaintiffs Clarke and Rebecca Wixon and Norman and Barbara Wixon

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO DIRECTOR DEFENDANTS' INTERROGATORIES CASE NO. C 07 2361 JSW (BZ)

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Dated: December 9, 2009

LAW OFFICES OF JUDITH H. RAMSEYER PLLC By: /s/ Judith H. Ramseyer Judith H. Ramseyer

2025 First Avenue, Suite 1130 Seattle, Washington 98121 Telephone [phone] Facsimile [phone] Matthew G. Ball K&L GATES LLP 4 Embarcadero Center, Suite 1200 San Francisco, California 94111 Telephone [phone] Facsimile [phone] Attorneys for Defendants Gene Hensley, David Herrick, John Henley, Peggy Fry and John McConnell

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

December 10, DATED: ____________ 2009

____________________________________ The Honorable Bernard Zimmerman UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO DIRECTOR DEFENDANTS' INTERROGATORIES CASE NO. C 07 2361 JSW (BZ)

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CERTIFICATE OF SERVICE I, Elizabeth C. Pritzker, hereby certify that on December 9, 2009, I filed the following document(s): 1. STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO DIRECTOR DEFENDANTS' INTERROGATORIES

By ECF (Electronic Case Filing): I e-filed the above-detailed document utilizing the United States District Court, Northern District of California's mandated ECF service on December 9, 2009. Counsel of record are required by the Court to be registered e-filers, and as such are automatically e-served with a copy of the document(s) upon confirmation of e-filing. I declare under penalty of perjury that the foregoing is true and correct. Executed at San Francisco, CA on December 9, 2009. /S/ Elizabeth C. Pritzker

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO DIRECTOR DEFENDANTS' INTERROGATORIES CASE NO. C 07 2361 JSW (BZ)