Wilder v. Doris et al

Filing 84

ORDER re 82 GRANTING AS MODIFIED STIPULATION re 81 Status Report Setting Schedule. Signed by Judge CLAUDIA WILKEN on 3/16/09. (scc, COURT STAFF) (Filed on 3/16/2009)

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 AND ORDER SETTING SCHEDULE AS MODIFIED

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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 granting 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;1 9 WHEREAS, as the parties previously advised the Court, the parties have reached an

10 agreement in principle to settle this case and are in the process of documenting their settlement; 11 WHEREAS, by stipulation filed on February 11, 2009, counsel for Lead Plaintiffs and

12 Defendants agreed to extend the time for Defendants to respond to the Consolidated Complaint 13 so that the parties may complete their settlement papers. Specifically, the parties agreed to 14 extend the deadline for Defendants to respond to the Complaint, including any motion to dismiss, 15 until March 17, 2009. The parties further agreed to submit to the Court by this date, either (a) 16 the preliminary approval related settlement papers, or (b) if the parties have not yet reached final 17 agreement on the settlement papers, a status conference statement discussing the status of these 18 efforts; 19 WHEREAS, as detailed in the Joint Status Conference Statement filed concurrently,

20 though the parties have exchanged comments on an initial draft of the settlement papers, the 21 parties need additional time to finalize these papers; 22 THEREFORE, IT IS STIPULATED AND AGREED by Lead Plaintiffs and Defendants,

23 through their respective counsel of record, as follows: 24 1. Lead Plaintiffs and Defendants agree to submit the preliminary approval related

25 settlement papers to the Court by April 28, 2009. 26 27 28
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW
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At the time of appointment, the firm's name was Schiffrin Barroway Topaz & Kessler, LLP. 1

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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 a 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 IT IS SO STIPULATED. SIDLEY AUSTIN LLP

11 DATED: March 11, 2009 12 13 14 15 16 17

/s/ Sara B. Brody SARA B. BRODY CAROL LYNN THOMPSON CECILIA Y. CHAN Attorneys for Defendant SONIC SOLUTIONS

I, Sara B. Brody, am the ECF user whose ID and password are being used to file this 18 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 19 concurred in this filing. 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

DATED: March 11, 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 2

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ORDER PURSUANT TO STIPULATION SETTING SCHEDULE, IT IS SO ORDERED. THE

3 CASE MANAGEMENT CONFERENCE SET FOR MAY 14, 2009, AT 2:00 P.M., WILL 4 REMAIN ON CALENDAR. 5 3/16/09 _______________________________ 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

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