Hodges v. Immersion Corporation et al

Filing 89

ORDER RE: STIPULATION (I) EXTENDING TIME FOR FILING LEAD PLAINTIFF'S AMENDED COMPLAINT AND (II) SETTING FORTH A BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMISS. Plaintiff shall file an amended complaint no later than April 29, 2011. D efendants shall respond no later than June 13, 2011. Plaintiff shall file opposition, if any, no later than July 28, 2011. Defendants shall reply no later than August 29, 2011. Signed by Judge Maxine M. Chesney on 4/14/2011. (mmclc2, COURT STAFF) (Filed on 4/14/2011)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 WILLOW E. RADCLIFFE (200087)
SARAH R. HOLLOWAY (254134)
3 Post Montgomery Center
One Montgomery Street, Suite 1800
4 San Francisco, CA 94104
Telephone: [phone]
5 415/288-4534 (fax)
[e-mail]
6 [e-mail]
7 Liaison Counsel for Plaintiffs
8 BROWER PIVEN
A Professional Corporation
9 DAVID A.P. BROWER
488 Madison Avenue, 8th Floor
10 New York, NY 10022
Telephone: [phone]
11 212/501-0300 (fax)
[e-mail]
12
Lead Counsel for Plaintiffs
13
UNITED STATES DISTRICT COURT
14
NORTHERN DISTRICT OF CALIFORNIA
15
In re IMMERSION CORPORATION
) Master File No. 09-cv-04073-MMC
16 SECURITIES LITIGATION
)
) CLASS ACTION
17
)
) STIPULATION AND [PROPOSED] ORDER
This Document Relates To:
18
) (i) EXTENDING TIME FOR FILING LEAD
) PLAINTIFF’S AMENDED COMPLAINT
ALL ACTIONS.
19
) AND (ii) SETTING FORTH A BRIEFING
SCHEDULE FOR DEFENDANTS’ MOTION
20
TO DISMISS
21
22
23
24
25
26
27
28

618572_1

1

WHEREAS, on April 9, 2010, Lead Plaintiff filed a Consolidated Complaint for Violation of

2 the Federal Securities Laws (“Complaint”);
3

WHEREAS, on June 15, 2010, Defendants filed a motion to dismiss the Complaint;

4

WHEREAS, on August 16, 2010, Lead Plaintiff filed a memorandum in opposition to

5 Defendants’ motion to dismiss;
6

WHEREAS, on September 27, 2010, Defendants filed a reply memorandum in support of

7 their motion to dismiss;
8

WHEREAS, on October 25, 2010, the Court deemed Defendants’ motion to dismiss suitable

9 for a decision on the papers submitted by the parties;
10

WHEREAS, on March 11, 2011, the Court issued an order granting Defendants’ motion to

11 dismiss the Complaint with leave to amend and allowing Lead Plaintiff until April 22, 2011 to file an
12 amended complaint;
13

WHEREAS, this action involves complex allegations against multiple defendants for a

14 period spanning over two years and is subject to the heightened pleading standards set forth in the
15 Private Securities Litigation Reform Act of 1995;
16

WHEREAS, in light of certain scheduling conflicts, Lead Plaintiff has requested and

17 Defendants have agreed, subject to the approval of the Court, to extend the time for Lead Plaintiff to
18 file an amended complaint by one week; and
19

WHEREAS, the parties have further agreed to the following briefing schedule for

20 Defendants’ response to the amended complaint:
21

1.

Defendants shall move, answer or otherwise respond to the amended complaint

22 within 45 days after the amended complaint is filed;
23

2.

In the event Defendants move to dismiss the amended complaint, Lead Plaintiff shall

24 file an opposition to Defendants’ motion to dismiss within 45 days after such motion is filed; and
25

3.

In the event Defendants move to dismiss the amended complaint, Defendants shall

26 file any replies to Lead Plaintiff’s opposition to the motion to dismiss within 30 days after such
27 opposition is filed.
28
618572_1

STIP & [PROPOSED] ORDER (i) EXTENDING TIME FOR FILING LD PLTFF’S AM’D COMPLAINT
& (ii) SETTING FORTH A BRF’ING SCHED FOR DEFS’ MOT TO DISMISS - 09-cv-04073-MMC

-1-

1

IT IS ACCORDINGLY STIPULATED, between undersigned counsel for the parties, that

2 Lead Plaintiff shall file an amended complaint no later than April 29, 2011. Defendants shall move,
3 answer or respond to the amended complaint by June 13, 2011. In the event Defendants file a
4 motion to dismiss, Lead Plaintiff shall file an opposition to Defendants’ motion to dismiss by
5 July 28, 2011; and Defendants shall file a reply in support of their motion to dismiss by August 29,
6 2011.
7 DATED: April 13, 2011
8

ROBBINS GELLER RUDMAN
& DOWD LLP
WILLOW E. RADCLIFFE
SARAH R. HOLLOWAY

9
10

/s/
SARAH R. HOLLOWAY

11

14

Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

15

Liaison Counsel for Plaintiffs

16

19

BROWER PIVEN
A Professional Corporation
DAVID A.P. BROWER
488 Madison Avenue, 8th Floor
New York, NY 10022
Telephone: [phone]
212/501-0300 (fax)

20

Lead Counsel for Plaintiffs

12
13

17
18

21
DATED: April 13, 2011
22

FENWICK & WEST LLP
SUSAN S. MUCK
JENNIFER C. BRETAN

23
24
25

/s/
JENNIFER C. BRETAN

26
27
28
618572_1

STIP & [PROPOSED] ORDER (i) EXTENDING TIME FOR FILING LD PLTFF’S AM’D COMPLAINT
& (ii) SETTING FORTH A BRF’ING SCHED FOR DEFS’ MOT TO DISMISS - 09-cv-04073-MMC

-2-

1
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
415/281-1350 (fax)

2
3
4

Attorneys for Defendants Immersion
Corporation, Victor A. Viegas, Clent Richardson,
Stephen Ambler, Richard Vogel and
Daniel Chavez

5
6
7

I, Sarah R. Holloway, am the ECF User whose ID and password are being used to file this

8 Stipulation and [Proposed] Order (i) Extending Time for Filing Lead Plaintiff’s Amended Complaint
9 and (ii) Setting Forth a Briefing Schedule for Defendants’ Motion to Dismiss. In compliance with
10 General Order 45, X.B., I hereby attest that Jennifer C. Bretan has concurred in this filing.
11
/s/
SARAH R. HOLLOWAY

12
13
*

14

17
18

*

ORDER

15
16

*

IT IS SO ORDERED.
April 14, 2011
DATED: _________________________

_______________________________________
THE HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

19
20
21
22
23
24
25
26
27
28
618572_1

STIP & [PROPOSED] ORDER (i) EXTENDING TIME FOR FILING LD PLTFF’S AM’D COMPLAINT
& (ii) SETTING FORTH A BRF’ING SCHED FOR DEFS’ MOT TO DISMISS - 09-cv-04073-MMC

-3-

1
2

CERTIFICATE OF SERVICE
I hereby certify that on April 13, 2011, I authorized the electronic filing of the foregoing with

3 the Clerk of the Court using the CM/ECF system which will send notification of such filing to the
4 e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I
5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List.
7

I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on April 13, 2011.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
618572_1

/s/
SARAH R. HOLLOWAY
ROBBINS GELLER RUDMAN
& DOWD LLP
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)
E-mail:[e-mail]

CAND-ECF-

Page 1 of 1

Mailing Information for a Case 3:09-cv-04073-MMC
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case.
Jennifer Corinne Bretan
[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]
David A.P. Brower
[e-mail]
Steven D. Cohn
[e-mail]
Michael M. Goldberg
[e-mail]
Sarah Renee Holloway
[e-mail],[e-mail]
Frank James Johnson
[e-mail],[e-mail],[e-mail],[e-mail]
Felix Shih-Young Lee
[e-mail]
Betsy Carol Manifold
[e-mail]
Tricia Lynn McCormick
[e-mail],[e-mail],[e-mail]
Susan Samuels Muck
[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]
Alan R Plutzik
[e-mail],[e-mail]
Jay L. Pomerantz
[e-mail],[e-mail]
Ira M. Press
[e-mail],[e-mail],[e-mail],[e-mail]
Willow E. Radcliffe
[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]
Darren Jay Robbins
[e-mail]
David Conrad Walton
[e-mail]
Shawn A. Williams
[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]

Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may
wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.
(No manual recipients)

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?389185373840168-L_366_0-1

4/13/2011