Saraceni v. Miller et al

Filing 75

STIPULATION AND ORDER DISMISSING ACTION. Consolidated cases C13-3880 SC and C13-4810 SC are dismissed with prejudice. Signed by Judge Samuel Conti on 4/3/15. (dt, COURT STAFF) (Filed on 4/3/2015)

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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
DISMISSING ACTION

ALL ACTIONS.

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

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Each of the named-plaintiffs Ralph Saraceni and Jim Donnelly

s , nominal

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defendant Polycom, Inc.

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(collectively,

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undersigned counsel, that the Court enter the proposed order dismissing the above-captioned

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ies

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Polycom
through their

state as follows:

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(1)

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this action for failure to allege demand futility with particularity, without prejudice for

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Plaintiffs to file an amended complaint within thirty days of the January 13, 2015 Order.

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(Document No. 69). Pursuant to stipulation of the parties and subsequent Order of the Court

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(Document No. 72), the deadline for Plaintiffs to file a second amended complaint was

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extended until March 5, 2015;

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(2)
action;

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IT IS THEREFORE STIPULATED AND AGREED, by and between the parties and
subject to the approval of the Court, as follows:

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Plaintiffs have not filed, and do not intend to file, any further complaint in this

(a)

that this Action, and all claims asserted therein, against all Defendants should

be dismissed with prejudice, and judgment be entered in favor of Defendants; and

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///

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

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(b)

dismiss pursuant to Fed. R. Civ. P. 41(b), filed by

Defendants on March 19, 2015 (Document No. 73) be hereby withdrawn.

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Dated: April 2, 2015

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

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By:

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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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Dated: April 2, 2015

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

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s/Nathan R. Hamler
NATHAN R. HAMLER

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

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Dated: April 2, 2015

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

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By:

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

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Attorneys for Defendant Andrew M. Miller

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SIGNATURE ATTESTATION
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In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of
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this document has been obtained from the signatory.
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Dated: April 2, 2015

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s/Nathan R. Hamler
NATHAN R. HAMLER

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PURSUANT TO STIPULATION IT IS SO ORDERED: The above-captioned action
is dismissed in its entirety as to all Defendants with prejudice.

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April 3
Dated: ____________________, 2015
HON. SAMUEL CONTI
UNITED STATES DISTRICT JUDGE

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