Saraceni v. Miller et al
Filing
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STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 2/13/2015. Case Management Conference set for 2/20/2015 10:00 AM in Courtroom 1, 17th Floor, San Francisco. Signed by Judge Samuel Conti on 01/05/2015. (tmi, COURT STAFF) (Filed on 1/5/2015)
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KEITH E. EGGLETON, State Bar No. 159842
Email: keggleton@wsgr.com
RODNEY G. STRICKLAND, State Bar No. 161934
Email: rstrickland@wsgr.com
KELLEY M. KINNEY, State Bar No. 216823
Email: kkinney@wsgr.com
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: (650) 493-9300
Facsimile: (650) 565-5100
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 January 16, 2015, 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);
WHEREAS, on October 31, 2014, the Court continued the Initial Case Management
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Conference to December 12, 2014 (ECF No. 64), and on November 24, 2014, the Court further
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continued the Initial Case Management Conference to January 16, 2015 (ECF No. 66);
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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 January 16, 2015, while
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the Court considers Defendants’ pending Motions to Dismiss, to be reset to a date and time after
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the Court issues its order on Defendants’ pending Motions to Dismiss.
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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 January 16, 2015, 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 after the Court issues its order
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on Defendants’ pending Motions to Dismiss.
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IT IS SO STIPULATED.
Dated: January 2, 2015
Respectfully submitted,
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WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: (650) 493-9300
Facsimile: (650) 565-5100
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By: /s/ Keith E. Eggleton
Keith E. Eggleton
keggleton@wsgr.com
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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: January 2, 2015
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By: /s/ Philip T. Besirof
Philip T. Besirof
pbesirof@mofo.com
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MORRISON FOERSTER
PHILIP T. BESIROF
PAUL T. FRIEDMAN
425 Market Street
San Francisco, CA 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
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Attorneys for Defendant Andrew M. Miller
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Dated: January 2, 2015
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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: (619) 230-0063
Facsimile: (619) 255-1856
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By: /s/ Nathan R. Hamler
Nathan R. Hamler
nathanh@johnsonandweaver.com
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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1.
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’ sixth 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), October 30, 2014 (ECF No. 63), and November 24, 2014 (ECF No. 65). The
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Court granted these five previous requests (see ECF Nos. 36, 46, 57, 64, 66).
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3.
The requested continuance will not impact any other deadlines or dates set by the
Court.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
January 2, 2015 in Palo Alto, California.
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By: /s/ Keith E. Eggleton
Keith E. Eggleton
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[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
The case management conference is continued to Friday, 02/20/2015, at 10:00 a.m.
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Dated: 01/05/2015
THE HONORABLE SAMUEL CONTI
United States District Judge
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STIPULATION & [PROPOSED] ORDER
CONTINUING CMC
LEAD CASE NO.: 3:13-CV-3880-SC
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