In re YAHOO INC. SHAREHOLDERS DERIVATIVE LITIGATION.

Filing 66

ORDER Setting Briefing Schedule, Reopening Case. Amended Consolidated Complaint due by 7/3/2015. Motion(s) to dismiss due by 8/24/2015.Responses due by 10/23/2015. Replies due by 11/20/2015. Motion Hearing set for 12/11/2015 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 6/12/2015. (beS, COURT STAFF) (Filed on 6/15/2015)

1 ROBBINS ARROYO LLP
BRIAN J. ROBBINS (190264)
2 [e-mail]
CRAIG W. SMITH (164886)
3 [e-mail]
SHANE P. SANDERS (237146)
4 [e-mail]
GINA STASSI (261263)
5 [e-mail]
600 B Street, Suite 1900
6 San Diego, CA 92101
Telephone: [phone]
7 Facsimile: [phone]
8 Counsel and Co-Lead Counsel for Plaintiffs
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[Additional counsel appear on signature page]

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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IN RE YAHOO! INC. SHAREHOLDER
DERIVATIVE LITIGATION

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This Document Relates to:
ALL ACTIONS.

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Master Docket No.: 3:11-cv-03269-CRB
(Consolidated with 3:11-cv-03301-CRB; and
3:11-cv-03302-CRB)
JOINT STIPULATION SETTING
BRIEFING SCHEDULE AND ORDER
Judge: Hon. Charles R. Breyer
Courtroom: 6, 17th Floor

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JOINT STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED] ORDER

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Plaintiffs Debra Salzman, Yahia Tawila, and Iron Workers Mid-South Pension Fund

2 (collectively, the "Plaintiffs"), and Defendants 1 (collectively the "Parties"), by and through their
3 undersigned counsel, stipulate as follows:
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WHEREAS, on March 5, 2012, Plaintiffs filed their Verified Consolidated Shareholder

5 Derivative Complaint (the "Consolidated Complaint") (Dkt. No. 46);
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WHEREAS, on June 7, 2012, this Court entered an order temporarily deferring

7 prosecution of this Action pending the Court's ruling on the motion to dismiss in the related
8 securities class action, captioned In re Yahoo! Inc. Securities Litigation, Master Docket No.: 119 cv-02732-CRB (the "Securities Class Action") (Dkt. No. 48);
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WHEREAS, on August 10, 2012, this Court issued an order granting the Securities Class

11 Action defendants' motion to dismiss, and entered a judgment dismissing the Securities Class
12 Action on September 11, 2012;
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WHEREAS, on September 18, 2012, the Securities Class Action defendants filed a

14 Notice of Appeal to the U.S. Court of Appeals for the Ninth Circuit ("Court of Appeals");
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WHEREAS, on December, 13, 2013, this Court granted defendants' motion to stay this

16 Action pending the Court of Appeals ruling on the Securities Class Action appeal (the “Stay”),
17 and ordered that the Parties meet and confer no later than fourteen days after the Court of
18 Appeal's ruling and file a status report no later than seven days after meeting and conferring
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WHEREAS, on May 15, 2015, the Court of Appeals affirmed the August 10, 2012 order

21 dismissing the Securities Class Action;
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WHEREAS the parties have met and conferred and have agreed upon a proposed

23 schedule for the designation of an operative complaint and/or the filing of an amended
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"Defendants" refers to Carol A. Bartz, Jerry Yang, Roy Bostock, Patti S. Hart, Susan M. James,
Vyomesh Joshi, David Kenny, Arthur H. Kern, Brad D. Smith, Gary L. Wilson, and Nominal
27 Defendant Yahoo! Inc. ("Yahoo" or the "Company").
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-1JOINT STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED] ORDER

1 complaint, defendants' motion(s) to dismiss and briefing thereon, and a hearing on the motion(s)
2 to dismiss; and
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WHEREAS, in the event that there are further developments in the Securities Class

4 Action, the parties here will meet and confer again to discuss whether the stay should be renewed
5 and report back to the Court.
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NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE, SUBJECT TO

7 COURT APPROVAL, AS FOLLOWS:
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1.

Plaintiffs shall file an amended consolidated complaint, or designate an operative

9 complaint, on or before July 3, 2015.
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2.

Defendants shall file any motion(s) to dismiss on or before August 24, 2015.

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3.

Plaintiffs shall file any opposition(s) to Defendants' motion(s) to dismiss on or

12 before October 23, 2015.
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4.

Defendants shall file any replies in support of their motion(s) to dismiss on or

14 before November 20, 2015.
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5.

Defendants' motion(s) to dismiss shall be set for hearing on December 11, 2015,

16 or a later date that is convenient for the Court.
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6.

In the event that there are further developments in the Securities Class Action, the

18 parties here will meet and confer regarding whether the stay should be renewed and report back
19 to the Court.
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IT IS SO STIPULATED.
Dated: June 5, 2015

ROBBINS ARROYO LLP
BRIAN J. ROBBINS (190264)
CRAIG W. SMITH (164886)
SHANE P. SANDERS (237146)
GINA STASSI (261263)

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s/ Shane P. Sanders
SHANE P. SANDERS

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600 B Street, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
-2JOINT STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED] ORDER

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[e-mail]
[e-mail]
[e-mail]
[e-mail]

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JOHNSON & WEAVER, LLP
FRANK J. JOHNSON (174882)
BRETT M. WEAVER (204715)
SHAWN E. FIELDS (255267)
600 West Broadway, Suite 1540
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
THE WEISER LAW FIRM, P.C.
KATHLEEN A. HERKENHOFF (168562)
12707 High Bluff Drive, Suite 200
San Diego, CA 92130
Telephone: [phone]
Facsimile: [phone]
[e-mail]
THE WEISER LAW FIRM, P.C.
ROBERT B. WEISER
BRETT D. STECKER
22 Cassatt Avenue, First Floor
Berwyn, PA 19312
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Co-Lead Counsel for Plaintiffs

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ROY JACOBS & ASSOCIATES
ROY L. JACOBS
420 Lexington Avenue, Suite 2440
New York, NY 10170
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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RYAN & MANISKAS, LLP
KATHARINE M. RYAN
RICHARD A. MANISKAS
-3JOINT STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED] ORDER

995 Old Eagle School Road., Suite 311
Wayne, PA 19087
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Additional Counsel for Plaintiffs

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ROBEIN, URANN, SPENCER, PICARD &
CANGEMI, APLC.
MARIA CANGEMI
CHRISTINA CARROLL
2540 Severn Avenue, Suite 400
Metairie, LA 70002
Telephone: [phone]
Facsimile: [phone]

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Additional Counsel for Plaintiff Iron Workers
Mid-South Pension Fund

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Dated: June 5, 2015

MORRISON & FOERSTER LLP
JORDAN ETH (121617)
ANNA ERICKSON WHITE (161385)
MARK R.S. FOSTER (223682)

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s/ Mark R.S. Foster
MARK R.S. FOSTER

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425 Market Street
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Nominal Defendant Yahoo! Inc.
and Defendants Carol A. Bartz, Jerry Yang,
Roy Bostock, Patti Hart, Susan James,
Vyomesh Joshi, David Kenny, Arthur Kern,
Brad Smith, and Gary Wilson

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-4JOINT STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED] ORDER

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ORDER
Having reviewed the parties' Joint Stipulation Setting Briefing Schedule and good cause

3 shown, the Court hereby orders:
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1.

Plaintiffs will file an amended consolidated complaint, or designate an operative

5 complaint on or before July 3, 2015.
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2.

Defendants shall file any motion(s) to dismiss on or before August 24, 2015.

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3.

Plaintiffs shall file any opposition(s) to Defendants' motion(s) to dismiss on or

8 before October 23, 2015.
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4.

Defendants shall file any replies in support of their motion(s) to dismiss on or

10 before November 20, 2015.
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5.

Defendants' motion(s) to dismiss shall be set for hearing on December 11, 2015,

12 or a later date that is convenient for the Court.
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6.

In the event that there are further developments in the Securities Class Action, the

14 parties here will meet and confer regarding whether the stay should be renewed and report back
15 to the Court.
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IT IS SO ORDERED.
Dated: June 12, 2015
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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-5-

JOINT STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED] ORDER

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ECF ATTESTATION

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I, Shane P. Sanders, am the ECF User whose ID and Password are being used to file this:

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JOINT STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED]

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ORDER

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in compliance with Civil Local Rule 5-1(i)(3), I hereby attest that the following people

6 have concurred in this filing:
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Frank J. Johnson;

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Kathleen A. Herkenhoff;

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Robert B. Weiser;

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Roy L. Jacobs;

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Richard A. Maniskas;

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Maria Cangemi; and

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Anna Erickson White.

14 Dated: June 5, 2015
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ROBBINS ARROYO LLP
By:

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s/ Shane P. Sanders
SHANE P. SANDERS

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-6JOINT STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED] ORDER

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CERTIFICATE OF SERVICE
I hereby certify that on June 5, 2015, I authorized the electronic filing of the foregoing

3 document with the Clerk of the Court using the CM/ECF system, which will send notification of
4 such filing to those signed up as CM/ECF participants.
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I hereby certify that I am a member of the Bar of the United States District Court,

6 Northern District of California.
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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 June 5, 2015.
9
s/ Shane P. Sanders
SHANE P. SANDERS

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ROBBINS ARROYO LLP
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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-7JOINT STIPULATION SETTING BRIEFING SCHEDULE AND [PROPOSED] ORDER