Saraceni v. Miller et al

Filing 66

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 1/9/2015. Case Management Conference set for 1/16/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 11/24/2014. (tmi, COURT STAFF) (Filed on 11/24/2014)

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KEITH E. EGGLETON, State Bar No. 159842
Email: [e-mail]
RODNEY G. STRICKLAND, State Bar No. 161934
Email: [e-mail]
KELLEY M. KINNEY, State Bar No. 216823
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 & [PROPOSED] ORDER
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 CONTINUING CASE
MANAGEMENT CONFERENCE

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Pursuant to N.D. Cal. Civil Local Rules 6-2 and 7-12, the parties respectfully submit the

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following Stipulation and [Proposed] Order Continuing the Initial Case Management Conference

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currently set for December 12, 2014, at 10:00 a.m.

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WHEREAS, on March 27, 2014, the Court entered a scheduling order (ECF No. 46) (the

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“Scheduling Order”): (1) requiring plaintiffs Ralph Saraceni and James Donnelly (“Plaintiffs”) to

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file an amended shareholder derivative complaint by no later than April 4, 2014; and (2)

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continuing the Initial Case Management Conference to August 22, 2014;

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WHEREAS, pursuant to the Scheduling Order, Plaintiffs filed their Consolidated First
Amended Shareholder Derivative Complaint on April 4, 2014 (ECF No. 47) (the “Amended
Complaint”);
WHEREAS, pursuant to the Scheduling Order, defendants Andrew M. Miller, Betsy S.

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Atkins, John A. Kelley, D. Scott Mercer, William A. Owens, and Kevin T. Parker, as well as

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nominal defendant Polycom, Inc. (collectively, “Defendants”), filed motions to dismiss the

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Amended Complaint on May 23, 2014 (ECF Nos. 48, 51) (the “Motions to Dismiss”), with a

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hearing set for August 22, 2014;

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WHEREAS, on July 10, 2014, the Court entered a modified scheduling order (ECF No.

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57) (the “Modified Scheduling Order”): (1) requiring Plaintiffs to file their omnibus opposition

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to Defendants’ Motions to Dismiss no later than August 8, 2014; (2) requiring Defendants to file

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reply briefs in support of their Motions to Dismiss no later than September 5, 2014; (3)

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continuing the hearing date for Defendants’ Motions to Dismiss to September 19, 2014; and (4)

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vacating the Initial Case Management Conference set for August 22, 2014;

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WHEREAS, also on July 10, 2014, the Court rescheduled the Initial Case Management
Conference to November 14, 2014 (ECF No. 58);
WHEREAS, pursuant to the Modified Scheduling Order, Plaintiffs filed their Opposition

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to Defendants’ Motions to Dismiss on August 8, 2014 (ECF No. 59), and Defendants filed their

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reply briefs in support of their Motions to Dismiss on September 5, 2014 (ECF Nos. 60, 61);

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WHEREAS, on September 16, 2014, the Court issued notice that it would decide

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Defendants’ Motions to Dismiss on the papers, and vacated the hearing previously set for
STIPULATION & [PROPOSED] ORDER
CONTINUING CMC
LEAD CASE NO.: 3:13-CV-3880-SC

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September 19, 2014 (ECF No. 62);

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WHEREAS, on October 31, 2014, the Court continued the Initial Case Management
Conference to December 12, 2014 (ECF No. 64);

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WHEREAS, subject to the Court’s approval, the parties respectfully request that the

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Court continue the Initial Case Management Conference currently set for December 12, 2014,

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while the Court considers Defendants’ pending Motions to Dismiss, to be reset as the Court may

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order.

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NOW, THEREFORE, subject to the Court’s approval, the parties hereby stipulate and

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agree as follows:

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(1)

The Initial Case Management Conference currently set for December 12, 2014, at

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10:00 a.m., is hereby vacated, and the Initial Case Management Conference shall

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be set to such date and time as the Court may order.

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IT IS SO STIPULATED.
Dated: November 24, 2014

Respectfully submitted,

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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 & [PROPOSED] ORDER
CONTINUING CMC
LEAD CASE NO.: 3:13-CV-3880-SC

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Dated: November 24, 2014

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By: /s/ Philip T. Besirof
Philip T. Besirof
[e-mail]

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MORRISON FOERSTER
PHILIP T. BESIROF
PAUL T. FRIEDMAN
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: November 24, 2014

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

Attorneys for Plaintiffs
I, Keith E. Eggleton, am the ECF user whose ID and password are being used to file this
Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance
with Civil Local Rule 5-1(i)(3), I hereby attest that Philip T. Besirof and Nathan R. Hamler have
concurred in this filing.

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

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DECLARATION OF KEITH E. EGGLETON
I, Keith E. Eggleton, declare:

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I am a member of Wilson Sonsini Goodrich & Rosati, P.C., counsel for defendants

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Betsy S. Atkins, John A. Kelley, D. Scott Mercer, William A. Owens, Kevin T. Parker, and

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nominal defendant Polycom, Inc. I make this declaration in support of the parties’ Stipulation

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and [Proposed] Order Continuing Case Management Conference. The parties seek to continue

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the Initial Case Management Conference until after the Court has ruled on Defendants’ pending

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Motions to Dismiss. The parties agree that a continuance is reasonable and appropriate.

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2.

This is the parties’ fifth request for extension of time with respect to the Initial

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Case Management Conference since this derivative action was consolidated in October 2013.

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The parties’ previous stipulated requests to continue the Initial Case Management Conference

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were filed on December 9, 2013 (ECF No. 35), March 27, 2014 (ECF No. 45), July 10, 2014

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(ECF No. 56), and October 30, 2014 (ECF No. 63). The Court granted these four previous

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requests (see ECF Nos. 36, 46, 57, 64).

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I declare under penalty of perjury that the foregoing is true and correct. Executed on
November 24, 2014 in Palo Alto, California.

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By: /s/ Keith E. Eggleton
Keith E. Eggleton

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Case Management Conference is continued to Friday, 01/16/2015, at 10:00 a.m.

UNIT
ED

Dated: 11/24/2014

ISTRIC
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THE HONORABLE SAMUEL CONTI
United States District Judge

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NO

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onti

amuel C

Judge S

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

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[PROPOSED] ORDER

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Court.

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The requested continuance will not impact any other deadlines or dates set by the

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3.

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