Saraceni v. Miller et al

Filing 72

STIPULATION AND ORDER Continuing Deadline to file Second Amended Complaint and Continuing Case Management Conference. Signed by Judge Samuel Conti on 02/09/2015. (tmi, COURT STAFF) (Filed on 2/9/2015)

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JOHNSON & WEAVER, LLP
Frank J. Johnson (SBN 174882)
[e-mail]
Shawn E. Fields (SBN 255267)
[e-mail]
Nathan R. Hamler (SBN 227765)
[e-mail]
600 West Broadway, Suite 1540
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]

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Lead Counsel for Plaintiffs

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UNITED STATE DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE POLYCOM, INC. DERIVATIVE
LITIGATION

(Derivative Action)

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Lead Case No.: 3:13-cv-03880-SC

This Document Relates To:

STIPULATION AND [PROPOSED] ORDER

ALL ACTIONS.

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STIPULATION AND [PROPOSED] ORDER
CASE NO.: 3:13-CV-03880-SC

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

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the following Stipulation and [Proposed] Order: (1) granting Plaintiffs an extension of time of

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three weeks, until and including March 5, 2015, by which to amend their complaint or take

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other appropriate action in response to the Court’s January 13, 2015 “Order Granting in Part

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and Denying in Part Motions to Dismiss” (ECF No. 69) (the “January 13, 2015 Order”); and

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(2) continuing the Initial Case Management Conference currently set for February 20, 2015, at

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10:00 a.m.

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WHEREAS, Plaintiffs filed their Consolidated First Amended Shareholder Derivative
Complaint on April 4, 2014 (ECF No. 47) (the “First Amended Complaint”);

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WHEREAS, pursuant to the Scheduling Order, defendants Andrew M. Miller, Betsy

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

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

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

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with a hearing set for August 22, 2014;

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WHEREAS, on July 10, 2014, the Court entered a modified scheduling order (ECF

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No. 57) (the “Modified Scheduling Order”): (1) requiring Plaintiffs to file their omnibus

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

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Defendants to file reply briefs in support of their Motions to Dismiss no later than September

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5, 2014; (3) continuing the hearing date for Defendants’ Motions to Dismiss to September 19,

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2014; and (4) vacating the Initial Case Management Conference set for August 22, 2014;

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WHEREAS, pursuant to the Modified Scheduling Order, Plaintiffs filed their

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

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Defendants filed their reply briefs in support of their Motions to Dismiss on September 5,

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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

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September 19, 2014 (ECF No. 62);

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STIPULATION AND [PROPOSED] ORDER
CASE NO.: 3:13-CV-03880-SC

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WHEREAS, on January 13, 2015, the Court issued the January 13, 2015 Order, which

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granted in part and denied in part Defendants’ Motions to Dismiss, and which further granted

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Plaintiffs thirty (30) days to amend the First Amended Complaint, until February 12, 2015;

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WHEREAS, an Initial Case Management Conference is currently scheduled for
February 20, 2015 at 10:00 a.m.;

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WHEREAS, to enable Plaintiffs and counsel for Plaintiffs to fully evaluate the January

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13, 2015 Order and determine whether to file a second amended complaint or take some other

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course of action in response to that order, Plaintiffs’ counsel has requested, and Defendants

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have agreed, to allow Plaintiffs an extension of three (3) weeks, or until and including March

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5, 2015, to file a second amended complaint or take other appropriate action in response to the

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January 13, 2015 Order;

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WHEREAS, the parties have further agreed that, in the event Plaintiffs file a second

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amended complaint, the parties will meet and confer within ten (10) days of the filing

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regarding a schedule for Defendants’ response to the second amended complaint, providing

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Defendants a minimum of thirty (30) days to respond, and the parties will file the proposed

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schedule with the Court;

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

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Court vacate the Initial Case Management Conference currently set for February 20, 2015, to

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be reset, as necessary, if Plaintiffs file a second amended complaint, and the parties thereafter

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submit a proposed schedule to the Court;

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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)

Plaintiffs shall have until and including March 5, 2015, to file a second

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amended complaint or otherwise take other appropriate action in response to the

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Court’s January 13, 2015 Order;

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(2)

In the event Plaintiffs file a second amended complaint on or before March 5,

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2015, within ten (10) days of the filing of a second amended complaint, the

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parties will meet and confer regarding a schedule for Defendants’ response to
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STIPULATION AND [PROPOSED] ORDER
CASE NO.: 3:13-CV-03880-SC

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the second amended complaint, and submit a proposed schedule to the Court.

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Plaintiffs agree that any such proposed schedule will allow Defendants a period

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of at least thirty (30) days to respond to any second amended complaint filed by

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Plaintiffs;

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(3)

The Case Management Conference currently set for February 20, 2015, at

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10:00 a.m., shall be hereby vacated to be reset, as necessary, in the event

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Plaintiffs file a second amended complaint and the parties submit a proposed

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schedule regarding further proceedings to the Court.

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IT IS SO STIPULATED.
Dated: February 6, 2015

JOHNSON & WEAVER, LLP
FRANK J. JOHNSON
SHAWN E. FIELDS
NATHAN R. HAMLER

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By:

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s/Nathan R. Hamler
NATHAN R. HAMLER
600 West Broadway, Suite 1540
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Lead Counsel for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER
CASE NO.: 3:13-CV-03880-SC

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Dated: February 6, 2015

WILSON SONSINI GOODRICH &
ROSATI, PC
KEITH E. EGGLETON
KELLEY M. KINNEY

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By:

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s/Keith E. Eggleton
KEITH E. EGGLETON
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[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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Dated: February 6, 2015

MORRISON & FOERSTER LLP
PAUL T. FRIEDMAN
PHILIP T. BESIROF

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By:

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s/ Philp T. Besirof
PHILIP T. BESIROF
425 Market Street
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Defendant Andrew M. Miller

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SIGNATURE ATTESTATION

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I am the ECF user whose identification and password are being used to file the

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foregoing Stipulation and [Proposed] Order. In compliance with Local Rule 5-1(i)(3), I hereby

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attest that concurrence in the filing of this document has been obtained.

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Dated: February 6, 2015

s/Nathan R. Hamler
NATHAN R. HAMLER

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STIPULATION AND [PROPOSED] ORDER
CASE NO.: 3:13-CV-03880-SC

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DECLARATION OF NATHAN R. HAMLER

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I, Nathan R. Hamler, declare:

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1.

I am an attorney with Johnson & Weaver, LLP, lead counsel for plaintiffs. I

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make this declaration in support of the parties’ Stipulation and [Proposed] Order Continuing

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Case Management Conference. The parties seek to continue the Initial Case Management

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Conference to be reset, if necessary, until after such time as Plaintiffs make an election to file

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an amended complaint and the parties submit a proposed schedule regarding further

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proceedings to the Court. The parties agree that a continuance is reasonable and appropriate.

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2.

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

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Initial Case Management Conference since this derivative action was consolidated in October

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2013. The parties’ previous stipulated requests to continue the Initial Case Management

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

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July 10, 2014 (ECF No. 56), October 30, 2014 (ECF No. 63), November 24, 2014 (ECF

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No. 65), and January 2, 2015 (ECF No. 68). The Court granted these six previous requests

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(see ECF Nos. 36, 46, 57, 64, 66, and 68).

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3.

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the Court.

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

I declare under penalty of perjury that the foregoing is true and correct. Executed on
February 6, 2015, in San Diego, California.

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s/Nathan R. Hamler
Nathan R. Hamler

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

02/09
Dated: ____________________, 2015

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HON. SAMUEL CONTI
UNITED STATES DISTRICT COURT JUDGE
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STIPULATION AND [PROPOSED] ORDER
CASE NO.: 3:13-CV-03880-SC

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