Wilder v. Doris et al

Filing 78

ORDER re 77 granting STIPULATION Setting Schedule.Case Management Conference set for 5/14/2009 02:00 PM. Motion Hearing set for 5/14/2009 02:00 PM.. Signed by Judge Claudia Wilken on 1/22/09. (scc, COURT STAFF) (Filed on 1/22/2009)

1 Sara B. Brody (SBN 130222) Carol Lynn Thompson (SBN 148079) 2 Cecilia Y. Chan (SBN 240971) [e-mail] 3 [e-mail] [e-mail] 4 SIDLEY AUSTIN LLP 555 California Street 5 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Defendant SONIC SOLUTIONS 8 [Additional counsel appear on signature page] 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 RALPH D. WILDER, et al., Derivatively on Behalf of SONIC SOLUTIONS, 13 Plaintiffs, 14 vs. 15 ROBERT J. DORIS, et al., 16 Defendants, 17 ­ and ­ 18 SONIC SOLUTIONS, a California 19 corporation, 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

Nominal Defendant.

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No. C-07-1500-CW STIPULATION ORDER SETTING SCHEDULE

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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 January 15, 2009 pursuant to 11 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; 15 WHEREAS, on December 12, 2008, the parties had another settlement meeting to

16 continue their settlement discussions; and 17 WHEREAS, counsel for Lead Plaintiffs and Defendants have met and conferred and

18 have agreed to extend the time for Defendants to respond to the Consolidated Complaint so that 19 the parties may continue their settlement discussions. 20 THEREFORE, IT IS STIPULATED AND AGREED by Lead Plaintiffs and Defendants,

21 through their respective counsel of record, as follows: 22 1. Plaintiffs and Defendants agree to extend the deadlines for Defendants to file a

23 response to the Complaint, including any motion to dismiss, until February 12, 2009 to permit 24 the parties time to conduct further settlement negotiations. In the event these further negotiations 25 are unsuccessful and Defendants file a motion to dismiss, Plaintiffs agree to file any opposition 26 to Defendants' motion to dismiss no later than March 26, 2009 and Defendants' agree to file a 27 reply brief no later than April 23, 2009. The parties further agree that the hearing for the motion 28 to dismiss shall, the Court's schedule permitting, be set for May 14, 2009 at 2 p.m.
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

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By executing this Stipulation, the parties have not waived and expressly retain all

2 claims, defenses and arguments whether procedural, substantive or otherwise, and are without 3 prejudice to any subsequent motion to stay this action, and this Order is entered without 4 prejudice to the rights of any party to apply for a modification of this Order for good cause. 5 6 7 8 DATED: January 14, 2009 9 10 11 12 13 14 /s/ Sara B. Brody SARA B. BRODY CAROL LYNN THOMPSON CECILIA Y. CHAN 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 15 Stipulation and [Proposed] Order Setting Schedule. In compliance with General Order 45, X.B., I hereby attest that Nichole Browning of Barroway Topaz, Kessler, Meltzer & Check LLP has 16 concurred in this filing. 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

DATED: January 14, 2009

BARROWAY TOPAZ, KESSLER, MELTZER & CHECK LLP

/s/ Nichole Browning ERIC L. ZAGAR NICHOLE BROWNING DANIEL ALBERT Attorneys for Lead Plaintiffs ANDREW WALTER JAMES FORSETH

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1 2 ORDER

3 PURSUANT TO STIPULATION SETTING SCHEDULE, IT IS SO ORDERED. THE CASE 4 MANAGEMENT CONFERENCE, PREVIOUSLY SET FOR 4/16/09, IS ALSO CONTINUED TO 5 5/14/09 6 1/22/09 _______________________________ The Honorable Claudia Wilken United States District Judge

7 DATED: ____________________ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

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