Wilder v. Doris et al

Filing 83

WRONG DOCUMENT FILED - SEE DOCKET #84 FOR CORRECT DOCUMENT ORDER re 82 GRANTING AS MODIFIED STIPULATION Setting Schedule. Signed by Judge CLAUDIA WILKEN on 3/13/09. (scc, COURT STAFF) (Filed on 3/13/2009) Modified on 3/16/2009 (scc, COURT STAFF).

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1 Sara B. Brody (SBN 130222) Carol Lynn Thompson (SBN 148079) 2 Cecilia Y. Chan (SBN 240971) sbrody@sidley.com 3 cthompson@sidley.com cecilia.chan@sidley.com 4 SIDLEY AUSTIN LLP 555 California Street 5 San Francisco, California 94104 Telephone: (415) 772-1200 6 Facsimile: (415) 772-7400 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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 Barroway Topaz Kessler Meltzer & Check 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 February 12, 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; 17 WHEREAS, the parties have reached an agreement in principle to settle this case and are 18 in the process of documenting their settlement; 19 WHEREAS, counsel for Lead Plaintiffs and Defendants agree to extend the time for 20 Defendants to respond to the Consolidated Complaint so that the parties may complete their 21 settlement papers. 22 THEREFORE, IT IS STIPULATED AND AGREED by Lead Plaintiffs and Defendants, 23 through their respective counsel of record, as follows: 24 1. Plaintiffs and Defendants agree to extend the deadline for Defendants to respond 25 to the Complaint, including any motion to dismiss, until March 17, 2009. The parties further 26 agree to submit to the Court by this date, either (a) the preliminary approval related settlement 27 papers, or (b) if the parties have not yet reached final agreement on the settlement papers, a 28 status conference statement discussing the status of these efforts. STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW 1 1 2. In the event that the parties are unable to reach agreement on the settlement 2 papers and Defendants need to respond to the Complaint, the parties further agree to propose a 3 briefing schedule in the status conference statement to the Court and that no response to the 4 Complaint is due until after the status conference. 5 3. By executing this Stipulation, the parties have not waived and expressly retain all 6 claims, defenses and arguments whether procedural, substantive or otherwise, and are without 7 prejudice to any subsequent motion to stay this action, and this Order is entered without 8 prejudice to the rights of any party to apply for a modification of this Order for good cause. 9 10 11 12 DATED: February 11, 2009 13 14 15 16 17 18 /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 19 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 20 concurred in this filing. 21 22 23 24 25 26 27 28 Attorneys for Lead Plaintiffs ANDREW WALTER JAMES FORSETH 2 /s/ Nichole Browning ERIC L. ZAGAR NICHOLE BROWNING DANIEL ALBERT DATED: February 11, 2009 BARROWAY TOPAZ, KESSLER, MELTZER & CHECK LLP STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW 1 2 3 ORDER 4 PURSUANT TO STIPULATION SETTING SCHEDULE, IT IS SO ORDERED. 5 2/17/09 _______________________________ The Honorable Claudia Wilken United States District Judge 6 DATED: ____________________ 7 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 3

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