In re Oracle Corporation Derivative Litigation

Filing 84

STIPULATION AND ORDER RE #83 TO EXTEND TIME FOR FILING AMENDED CONSOLIDATED SHAREHOLDER COMPLAINT. Case Management Conference set for 3/15/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 1/6/12. (cl, COURT STAFF) (Filed on 1/6/2012)

*E-Filed 1/6/12*
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[COUNSEL IDENTIFIED ON SIGNATURE PAGE]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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In re ORACLE CORPORATION
DERIVATIVE LITIGATION

Master File No. C-10-03392-RS
STIPULATION AND
[PROPOSED] ORDER TO
EXTEND TIME FOR FILING
AMENDED CONSOLIDATED
SHAREHOLDER COMPLAINT

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Judge: Hon. Richard Seeborg
Ctrm: 3, 17th Floor

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING AMENDED COMPLAINT
Case No. C-10-03392-RS
sf-3090491

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WHEREAS, on November 9, 2011, this Court granted the Motions to Dismiss filed by

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nominal defendant Oracle Corporation (“Oracle”) and individual defendants Jeffrey S. Berg, H.

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Raymond Bingham, Michael J. Boskin, Safra Catz, Lawrence J. Ellison, Hector Garcia-Molina,

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Jeffrey O. Henley, Donald L. Lucas, Charles E. Phillips, Jr., and Naomi O. Seligman (“Individual

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Defendants,” and together with Oracle, “Defendants”), with leave to amend, and further ordered

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that (1) Plaintiffs Lisa Galaviz and Philip T. Prince (“Plaintiffs”) shall file any amended

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complaint within thirty days of the order, by December 9, 2011, and (2) setting a case

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management conference for January 26, 2012;

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WHEREAS, on November 10, 2011, the Superior Court for the State of California,

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County of San Mateo, granted the Petition for Writ of Mandate for Inspection of Corporate Books

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and Records filed by Plaintiffs on September 12, 2011;

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WHEREAS, on December 1, 2011, this Court entered the parties’ stipulation extending

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Plaintiffs’ time to file any amended complaint to February 10, 2012, and directing the parties to

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appear at the case management conference on January 26, 2012;

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WHEREAS, a stipulation has been submitted to the Superior Court for the State of

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California, County of San Mateo, wherein the parties agreed, subject to approval, to further

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extend the deadline for Oracle’s compliance with the San Mateo Court’s order on Plaintiffs’

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Petition to February 10, 2012; and

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WHEREAS, the agreed-upon schedule described below promotes judicial efficiency, and
will not cause prejudice to any party or unnecessary delay.

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THEREFORE, IT IS STIPULATED AND AGREED by Plaintiffs and Defendants,

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through their respective counsel of record, as follows, subject to the approval of this Court:

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Plaintiffs shall file the Amended Consolidated Shareholder Complaint by March 12, 2012.

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Plaintiffs reserve the right to request additional time for filing based on Oracle’s compliance with

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the San Mateo Order.

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The case management conference scheduled for January 26, 2012, may be rescheduled to

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March 15, 2012, at 10:00 a.m., or any other date after Plaintiffs file their Amended Consolidated

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Shareholder Complaint that is convenient to the Court.
STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING AMENDED COMPLAINT
Case No. C-10-03392-RS
sf-3090491

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IT IS SO STIPULATED.
Dated: January 6, 2012

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MORRISON & FOERSTER LLP
JORDAN ETH
PHILIP T. BESIROF

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By:

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/s/ Philip T. Besirof
Philip T. Besirof

425 Market Street
San Francisco, CA 94105-2482
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants Jeffrey S. Berg,
H. Raymond Bingham, Michael J. Boskin,
Safra Catz, Lawrence J. Ellison, Hector
Garcia-Molina, Jeffrey O. Henley, Donald L.
Lucas, Charles E. Phillips, Jr., Naomi O.
Seligman, and Oracle Corporation

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Dated: January 6, 2012

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COTCHETT, PITRE & MCCARTHY, LLP
JOSEPH W. COTCHETT
NANCY L. FINEMAN
MARK C. MOLUMPHY
JORDANNA G. THIGPEN
By:

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/s/ Jordanna G. Thigpen
Jordanna G. Thigpen

San Francisco Airport Office Center
840 Malcolm Road, Ste. 200
Burlingame, CA 94010
Telephone: [phone]
Facsimile: [phone]

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JERRY K. CIMMET
[e-mail]
177 Bovet Road, Ste. 600
San Mateo, CA 94402
Telephone: [phone]
Facsimile: [phone]

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LAW OFFICES OF JOHN M. KELSON
John M. Kelson
[e-mail]
2000 Powell Street, Ste. 1425
Emeryville, CA 94608
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING AMENDED COMPLAINT
Case No. C-10-03392-RS
sf-3090491

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IT IS SO ORDERED and IT IS FURTHER ORDERED that the case management

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conference scheduled for January 26, 2012, is continued to 10:00 a.m. on _______________,
3/15/12

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2012.

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1/6/12
Dated: _____________________

By: _____________________________
HON. RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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*

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*

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I, Philip T. Besirof, am the ECF user whose ID and password is being used to file this
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STIPULATION TO EXTEND TIME FOR FILING AMENDED CONSOLIDATED
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SHAREHOLDER COMPLAINT. In compliance with General Order 45, X.B., I hereby attest
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that Jordanna G. Thigpen has concurred with this filing.
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Dated: January 6, 2012

MORRISON & FOERSTER LLP

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By:

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/s/ Philip T. Besirof
Philip T. Besirof

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STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR FILING AMENDED COMPLAINT
Case No. C-10-03392-RS
sf-3090491