Galaviz -v- Berg

Filing 86

STIPULATION AND ORDER RE 85 TO STAY ACTION. Signed by Judge Richard Seeborg on 2/8/12. (cl, COURT STAFF) (Filed on 2/8/2012)

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1 [COUNSEL IDENTIFIED ON SIGNATURE PAGE] 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 In re ORACLE CORPORATION DERIVATIVE LITIGATION Master File No. C-10-03392-RS STIPULATION AND [PROPOSED] ORDER TO STAY ACTION 13 14 15 Judge: Hon. Richard Seeborg Ctrm: 3, 17th Floor 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO STAY ACTION Case No. C-10-03392-RS sf-3101895 1 WHEREAS, on November 9, 2011, the Court granted the Motions to Dismiss filed by 2 nominal defendant Oracle Corporation (“Oracle”) and individual defendants Jeffrey S. Berg, H. 3 Raymond Bingham, Michael J. Boskin, Safra Catz, Lawrence J. Ellison, Hector Garcia-Molina, 4 Jeffrey O. Henley, Donald L. Lucas, Charles E. Phillips, Jr., and Naomi O. Seligman (“Individual 5 Defendants,” and together with Oracle, “Defendants”), with leave to amend, and further ordered 6 that (1) Plaintiffs Lisa Galaviz and Philip T. Prince (“Plaintiffs”) shall file any amended 7 complaint within thirty days of the order, by December 9, 2011, and (2) setting a case 8 management conference for January 26, 2012; 9 WHEREAS, on November 10, 2011, the Superior Court for the State of California, 10 County of San Mateo, granted the Petition for Writ of Mandate for Inspection of Corporate Books 11 and Records filed by Plaintiffs on September 12, 2011; 12 WHEREAS, on December 1, 2011, this Court entered the parties’ stipulation extending 13 Plaintiffs’ time to file any amended complaint to February 10, 2012, and directed the parties to 14 appear at the case management conference on January 26, 2012; 15 WHEREAS, on January 6, 2012, the Court entered the parties’ stipulation extending 16 Plaintiffs’ time to file any amended complaint to March 12, 2012, and rescheduling the case 17 management conference for March 15, 2012; 18 19 20 WHEREAS, the parties intend to participate in private mediation in an effort to resolve Plaintiffs’ claims; WHEREAS, to promote judicial efficiency and to preserve Court and party resources, the 21 parties believe that the action should be stayed while the parties discuss the potential resolution of 22 Plaintiffs’ claims; 23 WHEREAS, a stipulation has been submitted to the Superior Court for the State of 24 California, County of San Mateo, wherein the parties agreed, subject to approval, to stay the 25 deadline for Oracle to comply with the San Mateo Court’s order on Plaintiffs’ Petition while the 26 parties attempt to resolve this action; and 27 28 WHEREAS, the agreed-upon schedule described below will not cause prejudice to any party or unnecessary delay. STIPULATION AND [PROPOSED] ORDER TO STAY ACTION Case No. C-10-03392-RS sf-3101895 1 THEREFORE, IT IS STIPULATED AND AGREED by Plaintiffs and Defendants, 2 through their respective counsel of record, as follows, subject to the approval of this Court: 3 This action, including the deadline for Plaintiffs to file the Amended Consolidated 4 Shareholder Complaint, shall be stayed while the parties discuss the potential resolution of 5 Plaintiffs’ claims. 6 Any party may lift the stay at any time by providing written notice to the other parties and 7 the Court. Plaintiffs shall have 60 days after the date of such notice to file the Amended 8 Consolidated Shareholder Complaint, without waiver of Plaintiffs’ ability to seek additional time, 9 on a showing of good cause, including the opportunity to review documents in response to their 10 Petition for Writ of Mandate, and without waiver of Defendants’ ability to object. Defendants 11 shall have 45 days from the filing of the Amended Consolidated Shareholder Complaint to file a 12 responsive pleading. If Defendants file a motion in response to the Amended Consolidated 13 Shareholder Complaint, Plaintiffs’ opposition shall be filed within 30 days of any such motion, 14 and any reply brief shall be filed within 21 days of the opposition. 15 16 17 18 The case management conference scheduled for March 15, 2012, at 10:00 a.m., is vacated while the parties discuss the potential resolution of Plaintiffs’ claims. As long as this action is stayed, the parties will file with the Court a brief update of the status of their efforts to resolve Plaintiffs’ claims at least every 90 days. 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO STAY ACTION Case No. C-10-03392-RS sf-3101895 1 2 IT IS SO STIPULATED. Dated: February 7, 2012 3 MORRISON & FOERSTER LLP JORDAN ETH PHILIP T. BESIROF 4 By: 5 /s/ Philip T. Besirof Philip T. Besirof 425 Market Street San Francisco, CA 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 6 7 8 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 9 10 11 12 13 Dated: February 7, 2012 14 15 COTCHETT, PITRE & MCCARTHY, LLP JOSEPH W. COTCHETT NANCY L. FINEMAN MARK C. MOLUMPHY JORDANNA G. THIGPEN By: 16 17 /s/ Jordanna G. Thigpen Jordanna G. Thigpen San Francisco Airport Office Center 840 Malcolm Road, Ste. 200 Burlingame, CA 94010 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 18 19 20 JERRY K. CIMMET cimlaw@me.com 177 Bovet Road, Ste. 600 San Mateo, CA 94402 Telephone: (650) 866-4700 Facsimile: (650) 866-4770 21 22 23 LAW OFFICES OF JOHN M. KELSON John M. Kelson kelsonlaw@sbcglobal.net 2000 Powell Street, Ste. 1425 Emeryville, CA 94608 Telephone: (510) 465-1326 Facsimile: (510) 465-0871 24 25 26 27 Attorneys for Plaintiffs 28 STIPULATION AND [PROPOSED] ORDER TO STAY ACTION Case No. C-10-03392-RS sf-3101895 1 IT IS SO ORDERED. 2 2/8/12 Dated: _____________________ By: _____________________________ HON. RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 3 4 5 6 7 8 9 10 11 12 * * * 13 I, Philip T. Besirof, am the ECF user whose ID and password is being used to file this 14 STIPULATION TO STAY ACTION. In compliance with General Order 45, X.B., I hereby 15 attest that Jordanna G. Thigpen has concurred with this filing. 16 Dated: February 7, 2012 MORRISON & FOERSTER LLP 17 18 By: 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO STAY ACTION Case No. C-10-03392-RS sf-3101895 /s/ Philip T. Besirof Philip T. Besirof

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