Wilder v. Doris et al

Filing 75

ORDER re 73 granting STIPULATION Setting Schedule. Further Case Management Conference set for 4/16/2009 02:00 PM. Motion Hearing set for 4/16/2009 02:00 PM.. Signed by Judge Claudia Wilken on 11/17/08. (scc, COURT STAFF) (Filed on 11/17/2008)

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1 Sara B. Brody (SBN 130222) Carol Lynn Thompson (SBN 148079) 2 Cecilia Y. Chan (SBN 240971) Amanda Hassid (SBN 254497) 3 sbrody@sidley.com cthompson@sidley.com 4 cecilia.chan@sidley.com ahassid@sidley.com 5 SIDLEY AUSTIN LLP 555 California Street 6 San Francisco, California 94104 Telephone: (415) 772-1200 7 Facsimile: (415) 772-7400 8 Attorneys for Defendant SONIC SOLUTIONS 9 [Additional counsel appear on signature page] 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 RALPH D. WILDER, et al., Derivatively on Behalf of SONIC SOLUTIONS, 14 Plaintiffs, 15 vs. 16 ROBERT J. DORIS, et al., 17 Defendants, 18 and 19 SONIC SOLUTIONS, a California 20 corporation, 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW Nominal Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C-07-1500-CW STIPULATION AND ORDER SETTING SCHEDULE 1 WHEREAS, the above-captioned action is a shareholder derivative action brought by 2 plaintiffs on behalf of nominal defendant Sonic Solutions ("Sonic") against its Board of 3 Directors and certain officers relating to Sonic's historical stock option grant practices; 4 WHEREAS, on August 2, 2007, this Court consolidated the following related shareholder 5 derivative actions Wilder v. Doris, Case No. 07-1500-CW; Walter v. Doris, Case No. 07-23446 CW; Forseth v. Doris, Case No. 07-3178-CW; and Doolittle v. Doris, Case No. 07-3361-CW, 7 appointed plaintiffs Andrew Walter and James Forseth as Lead Plaintiffs ("Lead Plaintiffs") and 8 appointed the law firm of Schiffrin Barroway Topaz & Kessler, LLP as Lead Counsel; 9 WHEREAS, Lead Plaintiffs and plaintiff James Pinno filed a Consolidated Complaint on 10 April 30, 2008 for which Defendants' response is currently due on November 25, 2008 pursuant 11 to a prior stipulation; 12 WHEREAS, on July 24, 2008 and on November 3, 2008, counsel for Defendants and 13 Lead Plaintiffs participated in two separate mediation sessions before the Honorable Howard B. 14 Weiner (Ret.) at JAMS; and 15 WHEREAS, counsel for Lead Plaintiffs and Defendants have met and conferred and 16 have agreed to extend the time for Defendants to respond to the Consolidated Complaint so that 17 the parties may continue their settlement discussions. 18 THEREFORE, IT IS STIPULATED AND AGREED by Lead Plaintiffs and Defendants, 19 through their respective counsel of record, as follows: 20 1. Plaintiffs and Defendants agree to extend the deadlines for Defendants to file a 21 response to the Complaint, including any motion to dismiss, until January 15, 2009 to permit the 22 parties time to conduct further settlement negotiations. In the event these further negotiations are 23 unsuccessful and Defendants file a motion to dismiss, Plaintiffs agree to file any opposition to 24 Defendants' motion to dismiss no later than February 26, 2009 and Defendants' agree to file a 25 reply brief no later than March 26, 2009. The parties further agree that the hearing for the 26 motion to dismiss shall, the Court's schedule permitting, be set for April 16, 2009 at 2 p.m. 27 2. By executing this Stipulation, the parties have not waived and expressly retain all 1 28 claims, defenses and arguments whether procedural, substantive or otherwise, and are without STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW 1 prejudice to any subsequent motion to stay this action, and this Order is entered without 2 prejudice to the rights of any party to apply for a modification of this Order for good cause. 3 4 5 6 DATED: November 13, 2008 7 8 9 10 11 12 13 /s/ Sara B. Brody SARA B. BRODY CAROL LYNN THOMPSON CECILIA Y. CHAN AMANDA HASSID Attorneys for Defendant SONIC SOLUTIONS SIDLEY AUSTIN LLP IT IS SO STIPULATED. I, Sara B. Brody, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Setting Schedule. In compliance with General Order 45, X.B., 14 I hereby attest that Nichole Browning of Schiffrin Barroway Topaz & Kessler, LLP has concurred in this filing. 15 16 DATED: November 13, 2008 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP /s/ Nichole Browning ERIC L. ZAGAR NICHOLE BROWNING DANIEL ALBERT Attorneys for Lead Plaintiffs ANDREW WALTER JAMES FORSETH 2 1 ORDER 2 PURSUANT TO STIPULATION SETTING SCHEDULE, IT IS SO ORDERED. 3 11/17/08 _______________________________ The Honorable Claudia Wilken United States District Judge 4 DATED: ____________________ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SF1 1515164v.1 STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW 3

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