Foley v. Kudelski SA et al

Filing 45

STIPULATION AND ORDER extending filing date of motion for preliminary approval to 7/9/2010; Signed by Judge Marilyn Hall Patel on 6/24/2010. (awb, COURT STAFF) (Filed on 6/25/2010)

1 BERMAN DEVALERIO JOSEPH J. TABACCO, JR. (75484) 2 [e-mail] CHRISTOPHER T. HEFFELFINGER (118058) 3 [e-mail] ANTHONY D. PHILLIPS (259688) 4 [e-mail] One California Street, Suite 900 5 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] 7 WOLF POPPER LLP ROBERT M. KORNREICH 8 [e-mail] CARL L. STINE 9 [e-mail] 845 Third Avenue 10 New York, NY 10022 Telephone: [phone] Facsimile: [phone] 12 Interim Co-Lead Counsel for Plaintiffs 13 COOLEY GODWARD KRONISH LLP JOHN C. DWYER (136533) 14 [e-mail] ANGELA L. DUNNING (212047) 15 [e-mail] Five Palo Alto Square 16 3000 El Camino Real Palo Alto, CA 94306 17 Telephone: [phone] Facsimile: [phone] 18 Attorneys for Defendant Kudelski Interactive 19 Cayman, Ltd. 20 21 22 23 IN RE OPENTV CORP. SHAREHOLDER LITIGATION 24 25 26 27 28 [C-09-04896 MHP] STIPULATION AND [PROPOSED] ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) )

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

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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, on or about May 26, 2010, the parties filed a stipulation and proposed order

17 with the Court, explaining that they were continuing to negotiate the terms of the stipulation of 18 settlement and related settlement documentation in good faith, and requesting that the deadline to 19 submit the motion for preliminary approval and related settlement documentation be further 20 extended to Friday, May 28, 2010 and that the hearing thereon be rescheduled for Monday, July 21 12, 2010 at 2 p.m.; 22 WHEREAS, on or about May 28, 2010, the Court entered an order setting the dates for

23 submission of the motion for preliminary approval and the hearing thereon in accordance with 24 the parties' May 26, 2010 stipulation; 25 WHEREAS, as a result of their efforts, the parties this week reached resolution of the final

26 disputed issue in the case (relating to attorneys' fees and costs), thereby eliminating an issue that 27 28 [C-09-04896 MHP] STIPULATION AND [PROPOSED] ORDER 1

1 might otherwise have required Court attention, and fully anticipate being able to finalize and file 2 the executed stipulation of settlement and all related settlement documentation by July 9, 2010; 3 NOW, THEREFORE, it is hereby stipulated and agreed, by and between the parties, through

4 their respective counsel of record, subject to Court approval, that the deadline to submit the 5 motion for preliminary approval and related settlement documentation be extended to Friday, 6 July 9, 2010 and that the hearing thereon should be rescheduled for Monday, July 26, 2010 at 2 7 p.m., or such other date and time as the Court may order. 8 IT IS SO STIPULATED. BERMAN DEVALERIO By: /s/ Christopher T. Heffelfinger

9 DATED: June 23, 2010 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: June 23, 2010

Joseph J. Tabacco, Jr. Anthony D. Phillips 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.

[C-09-04896 MHP] STIPULATION AND [PROPOSED] ORDER

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Filer's Attestation:

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

2 signatures, Christopher T. Heffelfinger hereby attests that concurrence in the filing of this 3 document has been obtained. 4 5 6 7 By: /s/ _______ Christopher T. Heffelfinger

9 10 Dated:___________________ June 24, 2010 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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[C-09-04896 MHP] STIPULATION AND [PROPOSED] ORDER

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DERED SO OR By:__________________________________ IT IS
HONORABLE MARILYN H. PATEL UNITED STATES DISTRICT JUDGE . Patel arilyn H Judge M

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IT IS SO ORDERED.

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