Watkins v. ShoreTel, Inc. et al

Filing 75

ORDER extending to respond to second amended complaint re 74 Stipulation, filed by Edwin J. Basart, Kenneth D. Denman, Gary J. Daichendt, Mark F. Bregman, Charles D. Kissner, Michael E. Healy, Thomas van Overbeek, Edward F. Thompson, ShoreTel, Inc., John W. Combs. Signed by Judge Charles R. Breyer on 7/9/09. (be, COURT STAFF) (Filed on 7/10/2009)

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FENWICK & W EST LLP
A TTORNEYS AT L AW S AN F RANCISCO

SUSAN S. MUCK (CSB NO. 126930) [e-mail] DEAN S. KRISTY (CSB NO. 157646) dkrist [e-mail] CATHERINE D. KEVANE (CSB NO. 215501) [e-mail] LESLIE KRAMER (CSB NO. 253313) [e-mail] m FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants ShoreTel, Inc.; John W. Combs; Michael E. Healy; Edwin J. Basart; Mark F. Bregman; Gary J. Daichendt; Thomas Van Overbeek; Kenneth D. Denman; Charles D. Kissner; and Edward F. Thompson

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re SHORETEL, INC. SECURITIES LITIGATION Case No. C-08-00271-CRB STIPULATION AND [PROPOSED] ORDER FURTHER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT

This Document Relates To: ALL ACTIONS.

WHEREAS, on March 2, 2009, Plaintiffs Loren Swanson and Art Landesman (collectively, "Plaintiffs") filed their Second Amended Consolidated Class Action Complaint (the "SACC") against Defendants ShoreTel, Inc.; John W. Combs, Michael E. Healy, Edwin J. Basart, Mark Bregman, Gary J. Daichendt, Thomas Van Overbeek, Kenneth D. Denman, Charles D. Kissner, and Edward Thompson (the "ShoreTel Defendants"); and Lehman Brothers Inc. and J.P.

STIPULATION AND [PROPOSED] ORDER

CASE NO. C-08-00271-CRB

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FENWICK & W EST LL P
A TTORNEYS AT L AW S AN F RANCISCO

Morgan Securities, Inc. (the "Underwriter Defendants") (collectively, "Defendants"); WHEREAS, this action is stayed as to Lehman Brothers Inc. as a result of its liquidation under the Securities Investor Protection Act; WHEREAS, Defendants filed a motion to dismiss and request for judicial notice on June 1, 2009; WHEREAS, Plaintiffs filed their opposition to Defendants' motion to dismiss on June 25, 2009; WHEREAS, pursuant to the remaining parties' stipulation, approved by this Court on June 15, 2009, Defendants' current deadline for filing their reply brief is July 17, 2009 and a hearing is set for July 31, 2009 at 10:00 a.m. WHEREAS, the Shoretel Defendants requested and the parties have discussed and agreed to extend Defendants' deadline for filing their reply brief by one week to July 24, 2009; WHEREAS, the hearing on Defendants' motion to dismiss is currently set for July 31, 2009 at 10:00 a.m. and the parties do not wish to reschedule the hearing; ACCORDINGLY, the parties, by and through their counsel of record, hereby stipulate that the new deadline for Defendants to file their reply brief is July 24, 2009. The hearing date will remain July 31, 2009 at 10:00 a.m. IT IS SO STIPULATED.

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STIPULATION AND [PROPOSED] ORDER

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CASE NO. C-08-00271-CRB

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FENWICK & W EST LL P
A TTORNEYS AT L AW S AN F RANCISCO

Dated: July 9, 2009

FENWICK & WEST LLP

By:

/s/ Catherine D. Kevane Catherine D. Kevane

Attorneys for Defendants ShoreTel, Inc.; John W. Combs; Michael E. Healy; Edwin J. Basart; Mark F. Bregman; Gary J. Daichendt; Thomas Van Overbeek; Kenneth D. Denman; Charles D. Kissner; and Edward F. Thompson Dated: July 9, 2009 BINGHAM MCCUTCHEN LLP

By:

/s/ John D. Pernick John D. Pernick

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Attorneys for Defendant J.P. Morgan Securities Inc. HAGENS BERMAN SOBOL SHAPIRO LLP

By:

/s/ Peter E. Borkon Peter E. Borkon

Attorneys for Lead Plaintiffs and the Class [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

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STIPULATION AND [PROPOSED] ORDER 3

UNIT ED

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Dated: July ___, 2009 09

By:

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S DISTRICT TE C TA

The Honorable Charles R. Breyer United States DistrictRED Judge DE Court
. Breyer

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