Saraceni v. Miller et al

Filing 36

STIPULATION AND ORDER Continuing Case Management Conference and Setting Briefing Schedule. Case Management Statement due by 4/11/2014. Case Management Conference set for 4/18/2014 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 12/10/2013. (tmi, COURT STAFF) (Filed on 12/10/2013)

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KEITH E. EGGLETON, State Bar No. 159842
Email: [e-mail]
KELLEY M. KINNEY, State Bar No. 216823
Email: [e-mail]
CRYSTAL M. GAUDETTE, State Bar No. 247712
Email: [e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Betsy S. Atkins, John A. Kelley, D. Scott Mercer,
William A. Owens, Kevin T. Parker
and Nominal Defendant Polycom, Inc.

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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 POLYCOM, INC. DERIVATIVE
LITIGATION,
This Document Relates To:
ALL ACTIONS

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STIPULATION AND [PROPOSED] ORDER RE:
BRIEFING SCHEDULE & CONTINUING CMC
LEAD CASE NO.: 3:13-CV-3880-SC

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Lead Case No.: 3:13-cv-3880-SC
(Derivative Action)
STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
SCHEDULE FOR DEFENDANTS’
RESPONSE TO COMPLAINT, AND
CONTINUING CASE
MANAGEMENT CONFERENCE

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Pursuant to Civil Local Rules 6-2 and 7-12, the parties submit the following Stipulation
and [Proposed] Order through their respective counsel of record.
WHEREAS, plaintiff Ralph Saraceni filed a shareholder derivative complaint against

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defendants Andrew M. Miller, Betsy S. Atkins, John A. Kelley, D. Scott Mercer,

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William A. Owens, and Kevin T. Parker, as well as nominal defendant Polycom, Inc.

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(collectively, “Defendants”) for violation of various state laws on August 21, 2013 (“Saraceni

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Derivative Action”) (Case No. 3:13-cv-03880-SC, ECF No. 1);

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WHEREAS, plaintiff James Donnelly filed a shareholder derivative complaint against
Defendants for violation of various state laws on October 16, 2013 (“Donnelly Derivative
Action”) (Case No. 3:13-cv-04810-SC, ECF No. 1);
WHEREAS, on October 31, 2013, the Court entered an order (the “Consolidation Order”)

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which: (1) consolidated the Saraceni Derivative Action and the Donnelly Derivative Action into

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the above-captioned action (the “Consolidated Derivative Action”); (2) required plaintiffs

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Saraceni and Donnelly (together, “Plaintiffs”) to file or designate an operative complaint in the

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Consolidated Derivative Action within 30 days of the Consolidation Order; and (3) within 10

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days of such filing or designation of an operative complaint, required the parties to meet and

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confer regarding and file a mutually agreeable schedule and dates by which Defendants must

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answer, move to dismiss, or otherwise respond to the operative complaint and file a stipulated

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briefing schedule with the Court for approval (ECF No. 27);

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WHEREAS, Plaintiffs filed a notice designating an operative complaint in the
Consolidated Derivative Action on November 27, 2013 (ECF No. 28);
WHEREAS, the parties have met and conferred, and have agreed to the following

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briefing schedule in connection with the Defendants’ response to the operative complaint in the

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Consolidated Derivative Action:

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(1) Defendants shall move to dismiss the operative complaint in the Consolidated
Derivative Action no later than February 7, 2014;
(2) Plaintiffs shall file their opposition to Defendants’ motion(s) to dismiss no later than
March 14, 2014;
STIPULATION AND [PROPOSED] ORDER RE:
BRIEFING SCHEDULE & CONTINUING CMC
LEAD CASE NO.: 3:13-CV-3880-SC

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(3) Defendants shall file their reply brief(s) in support of their motion(s) to dismiss no
later than March 28, 2014; and

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(4) The hearing date for Defendants’ motion(s) to dismiss will be set for April 18, 2014 at
10:00 a.m., or the soonest date thereafter on which the Court is available to hear the motion(s);

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WHEREAS, the Consolidation Order also set an Initial Case Management Conference in
the Consolidated Derivative Action for December 20, 2013 at 10:00 a.m. (ECF No. 27); and

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WHEREAS, subject to the Court’s approval, the parties agree that the Initial Case

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Management Conference should be continued until after Defendants respond to the operative

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complaint.

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STIPULATION AND [PROPOSED] ORDER RE:
BRIEFING SCHEDULE & CONTINUING CMC
LEAD CASE NO.: 3:13-CV-3880-SC

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NOW, THEREFORE, subject to the Court’s approval, the parties hereby stipulate and
agree as follows:

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(1) Defendants shall move to dismiss the operative complaint in the Consolidated
Derivative Action no later than February 7, 2014;

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(2) Plaintiffs shall file their opposition to Defendants’ motion(s) to dismiss no later than
March 14, 2014;

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(3) Defendants shall file their reply brief(s) in support of their motion(s) to dismiss no
later than March 28, 2014;

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(4) The hearing date for Defendants’ motion(s) to dismiss will be set for April 18, 2014 at

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10:00 a.m., or the soonest date thereafter on which the Court is available to hear the motion(s);

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and

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(5) The Initial Case Management Conference in the Consolidated Derivative Action

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currently scheduled for December 20, 2013 at 10:00 a.m. is hereby vacated, and the Initial Case

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Management in the Consolidated Derivative Action shall instead be set for April 18, 2014 at

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10:00 a.m., or to such other date and time as this Court may order.

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IT IS SO STIPULATED.
Dated: December 9, 2013

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Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]

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By: /s/ Keith E. Eggleton
Keith E. Eggleton
[e-mail]

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Attorneys for Defendants Betsy S. Atkins, John A.
Kelley, D. Scott Mercer, William A. Owens, Kevin
T. Parker, and Nominal Defendant Polycom, Inc.

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STIPULATION AND [PROPOSED] ORDER RE:
BRIEFING SCHEDULE & CONTINUING CMC
LEAD CASE NO.: 3:13-CV-3880-SC

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Dated: December 9, 2013

By:

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/s/ Paul T. Friedman
Paul T. Friedman
[e-mail]

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MORRISON FOERSTER
PAUL T. FRIEDMAN
PHILIP T. BESIROF
425 Market Street
San Francisco, CA 94105-2482
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Andrew M. Miller

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Dated: December 9, 2013

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JOHNSON & WEAVER, LLP
FRANK J. JOHNSON
SHAWN E. FIELDS
NATHAN R. HAMLER
110 West A Street, Suite 750
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs

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By: /s/ Nathan R. Hamler
Nathan R. Hamler
[e-mail]

I, Keith E. Eggleton, am the ECF user whose ID and password are being used to file this
Stipulation and [Proposed] Regarding Briefing Schedule for Defendants’ Response to
Complaint, and Continuing Case Management Conference. In compliance with Civil Local
Rule 5-1(i)(3), I hereby attest that Paul T. Friedman, and Nathan R. Hamler have concurred in
this filing.

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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UNIT
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Dated: December ___, 2013

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Judge S

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STIPULATION AND [PROPOSED] ORDER RE:
BRIEFING SCHEDULE & CONTINUING CMC
LEAD CASE NO.: 3:13-CV-3880-SC

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R NIA

THE HONORABLE SAMUEL CONTI
United States District Judge

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