Foley v. Kudelski SA et al

Filing 43

STIPULATION AND ORDER extending deadline to and including 6/25/2010 for filing of preliminary approval motions; Hearing date to be noticed for 7/12/2010 at 2:00 p.m. Signed by Judge Marilyn Hall Patel on 5/27/2010. (awb, COURT STAFF) (Filed on 5/28/2010)

BERMAN DEVALERIO 1 JOSEPH J. TABACCO, JR. (75484) [e-mail] 2 CHRISTOPHER T. HEFFELFINGER (118058) [e-mail] 3 James Magid (233043) [e-mail] 4 On California Street, Suite 900 San Francisco, CA 94111 5 Telephone: [phone] Facsimile: [phone] 6 WOLF POPPER LLP 7 ROBERT M. KORNREICH [e-mail] 8 CARL L. STINE [e-mail] 9 845 Third Avenue New York, NY 10022 10 Telephone: [phone] Facsimile: [phone] 11 Interim Co-Lead Counsel for Plaintiffs 12 COOLEY GODWARD KRONISH LLP 13 JOHN C. DWYER (136533) [e-mail] 14 ANGELA L. DUNNING (212047) [e-mail] 15 Five Palo Alto Square 3000 El Camino Real 16 Palo Alto, CA 94306 Telephone: [phone] Facsimile: [phone] 18 Attorneys for Defendant Kudelski Interactive Cayman, Ltd. 19 20 21 22 23 IN RE OPENTV CORP. SHAREHOLDER LITIGATION 24 25 26 27 28 [C-09-04896 MHP] STIPULATION AND [PROPOSED] ORDER ) ) ) ) ) ) ) ) ) ) Case No. C-09-04896 MHP STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR SUBMISSION OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT AND RESCHEDULING HEARING THEREON UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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WHEREAS, on April 12, 2010, the Court held a case management conference ("CMC") in

2 the above-captioned action, at which the parties informed the Court that they had reached an 3 agreement in principle to settle the action and dismiss all claims therein with prejudice; 4 WHEREAS, at the CMC, the Court ordered the parties to submit to the Court the

5 stipulation of settlement and a motion for preliminary approval thereof no later than May 10, 6 2010, and scheduled a hearing on the preliminary approval motion for May 24, 2010; 7 WHEREAS, on or about May 6, 2010, the parties filed a stipulation and proposed order

8 with the Court, requesting that the deadline to submit the motion for preliminary approval and 9 related settlement documentation be extended to Friday, May 28, 2010 and that the hearing 10 thereon should be rescheduled for Monday, June 21, 2010 at 2 p.m., or such other date as the 11 Court may order, to allow the parties to finalize the stipulation of settlement and related 12 documentation and thereby eliminate issues that might otherwise require Court attention; 13 WHEREAS, on or about May 7, 2010, the Court entered an order setting the dates for

14 submission of the motion for preliminary approval and the hearing thereon in accordance with 15 the parties' May 6, 2010 stipulation; 16 WHEREAS, the parties have continued to negotiate the terms of the stipulation of

17 settlement and related settlement documentation diligently and in good faith but, due in part to 18 the May trial schedule of Angela L. Dunning, counsel for Kudelski Interactive Cayman, Ltd. 19 ("KIC"), the parties have not yet been able to finalize the settlement papers and do not anticipate 20 being able to do so by May 28, 2010; 21 WHEREAS, counsel for KIC has a prepaid, out-of-state vacation scheduled for May 31,

22 2010 through June 10, 2010; 23 WHEREAS, the parties believe that with limited additional time they will be able to

24 finalize and submit to the Court the necessary settlement documentation, thereby eliminating 25 issues that might otherwise require Court attention; 26 NOW, THEREFORE, it is hereby stipulated and agreed, by and between the parties, through

27 their respective counsel of record, subject to Court approval, that the deadline to submit the 28 [C-09-04896 MHP] STIPULATION AND [PROPOSED] ORDER 1

1 motion for preliminary approval and related settlement documentation be extended to Friday, 2 June 25, 2010 and that the hearing thereon should be rescheduled for Monday, July 12, 2010 at 2 3 p.m., or such other date and time as the Court may order. 4 5 6 DATED: May 26, 2010 7 8 9 10 11 12 13 14 15 16 17 18 DATED: May 26, 2010 19 20 21 22 23 24 25 26 27 28 [C-09-04896 MHP] STIPULATION AND [PROPOSED] ORDER 2 By: BERMAN DEVALERIO /s/ Christopher T. Heffelfinger IT IS SO STIPULATED.

Joseph J. Tabacco, Jr. James Magid One California Street, Suite 900 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] WOLF POPPER LLP Robert M. Kornreich Carl L. Stine 845 Third Avenue New York, NY 10022 Telephone: [phone] Facsimile: [phone] Interim Co-Lead Counsel for Plaintiffs COOLEY LLP By: /s/ Angela L. Dunning _______

John C. Dwyer Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306 Telephone: [phone] Fax: [phone] Attorneys for Defendant Kudelski Interactive Cayman, Ltd.

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Filer's Attestation:

Pursuant to General Order No. 45, Section X(B) regarding

2 signatures, Angela L. Dunning hereby attests that concurrence in the filing of this document has 3 been obtained. 4 5 6 7 8 5/27/2010 9 Dated:___________________ 10 11 12
852452 v1/HN

By:

/s/ Angela L. Dunning

_______

IT IS SO ORDERED.

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