City of Westland Police and Fire Retirement System v. Sonic Solutions et al

Filing 107

ORDER re 105 granting STIPULATION Amending Briefing Schedule. Case Management Conference set for 10/8/2009 02:00 PM. Motion Hearing set for 10/8/2009 02:00 PM.. Signed by Judge Claudia Wilken on 6/16/09. (scc, COURT STAFF) (Filed on 6/17/2009)

1 SARA B. BRODY (Bar No. 130222)

CAROL LYNN THOMPSON (Bar No. 148079)
2 CECILIA Y. CHAN (Bar No. 240971)

AMANDA HASSID (Bar No. 254497)
3 SIDLEY AUSTIN LLP

555 California Street
4 San Francisco, CA 94104

Telephone: [phone]
5 Facsimile: [phone]

[e-mail]
6 [e-mail]

[e-mail]
7 [e-mail] 8 Attorneys for Defendants

SONIC SOLUTIONS, DAVID C. HABIGER,
9 ROBERT J. DORIS, A. CLAY LEIGHTON,

MARY C. SAUER, MARK ELY, ROBERT M. GREBER,
10 PETER J. MARGUGLIO and R. WARREN LANGLEY 11 12 13 14 15

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
) ) ) ) ) ) ) Plaintiff, ) ) ) v. ) ) SONIC SOLUTIONS, DAVID C. HABIGER, ROBERT J. DORIS, A. CLAY ) LEIGHTON, MARY C. SAUER, MARK ) ELY, ROBERT M. GREBER, PETER J. ) ) MARGUGLIO and R. WARREN ) LANGLEY, ) Defendants. ) )

Case No.: C 07 5111 CW
STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE

CITY OF WESTLAND POLICE AND 16 FIRE RETIREMENT SYSTEM AND PLYMOUTH COUNTY RETIREMENT 17 SYSTEM, On Behalf of Themselves and All Others Similarly Situated,
18 19 20 21 22 23 24 25 26 27 28

STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE CASE NO. C 07 5111 CW

1

WHEREAS, on October 4, 2007, plaintiff City of Westland Police and Fire Retirement

2 System ("the City of Westland"), a shareholder of Sonic Solutions ("Sonic" or the "Company"), 3 filed its initial class action complaint against Sonic and certain of its officers and directors (the 4 "Sonic Defendants"), alleging federal securities law violations arising from Sonic's historical 5 stock option granting practices;1 6 WHEREAS, on January 10, 2008, the Honorable Martin Jenkins appointed the City of

7 Westland as lead plaintiff for the class; 8 9 WHEREAS, on March 21, 2008, Plaintiff filed a consolidated amended complaint; WHEREAS, on May 27, 2008, Plaintiff filed a corrected consolidated amended

10 complaint; 11 WHEREAS, on June 27, 2008, Defendants moved to dismiss the corrected consolidated

12 amended complaint, and on April 6, 2009, this Court issued its decision granting in part and 13 denying in part the motion with leave to amend; 14 WHEREAS, the Court's April 6, 2009 Order set forth a schedule requiring Plaintiff to

15 file its second amended complaint by May 8, 2009, and Defendants to respond by June 18, 2009; 16 WHEREAS, on May 8, 2009, the Plaintiff filed a "First Amended Class Action

17 Complaint for Violations of the Federal Securities Law" (the "Amended Complaint") against the 18 Defendants; 19 WHEREAS, the parties are currently involved in settlement discussions and have

20 scheduled a mediation session for June 24, 2009 with United States District Court Judge Layn 21 Phillips (Ret.); 22 WHEREAS, in light of the parties' settlement discussions and upcoming mediation

23 session, the parties agree, in the interests of judicial efficiency, that Defendants should not be 24 required to respond by motion or otherwise to the Amended Complaint during the pendency of 25 the parties mediation efforts; 26 The individual defendants include David C. Habiger, Robert J. Doris, A. Clay Leighton, Mary C. Sauer, Mark Ely, Robert M. Greber, Peter J. Marguglio, and R. Warren Langley (collectively, 28 with nominal defendant Sonic Solutions, the "Defendants"). 27 -1STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE CASE NO. C 07 5111 CW
1

1

WHEREAS, the parties further agree that in the event that the mediation does not result

2 in an agreement to settle the case, Defendants shall respond to the Amended Complaint no later 3 than July 31, 2009; 4 THEREFORE, IT IS STIPULATED AND AGREED by Plaintiff and Defendants,

5 through their respective counsel of record, as follows: 6 1. The current briefing schedule should be vacated and, in the event that the

7 mediation does not result in an agreement to settle the case, Defendants shall file their motion to 8 dismiss or otherwise respond to the Amended Complaint no later than July 31, 2009. Plaintiff 9 shall file its opposition papers to the motion to dismiss no later than August 28, 2009 and 10 Defendants shall file their reply papers no later than September 18, 2009. The hearing for 11 Defendants' motion will be on October 8, 2009. 12 2. There will be a Case Management Conference on October 8, 2009, at the same

13 time as the hearing for Defendants' motion to dismiss. 14 IT IS SO STIPULATED. 15 16 DATED: June 11, 2009 17 18 19 20 21 22 23 24 25 26 27 28 -2STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE CASE NO. C 07 5111 CW

SIDLEY AUSTIN LLP

/s/ Cecilia Y. Chan SARA B. BRODY CAROL LYNN THOMPSON CECILIA Y. CHAN AMANDA J. P. HASSID Attorneys for Nominal Defendant SONIC SOLUTIONS, DAVID C. HABIGER, ROBERT J. DORIS, A. CLAY LEIGHTON, MARY C. SAUER, MARK ELY, ROBERT M. GREBER, PETER J. MARGUGLIO and R. WARREN LANGLEY

1 DATED: June 11, 2009 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE CASE NO. C 07 5111 CW

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP

/s/ Christopher M. Wood SHAWN A. WILLIAMS CHRISTOPHER M. WOOD Attorneys for Plaintiffs CITY OF WESTLAND POLICE AND FIRE RETIREMENT SYSTEM and PLYMOUTH COUNTY RETIREMENT SYSTEM

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

6/16/09 DATED: ____________________

_______________________________ THE HONORABLE CLAUDIA WILKEN United States District Judge