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

Filing 110

ORDER re 109 GRANTING STIPULATION VACATING BRIEFING SCHEDULE. Signed by Judge CLAUDIA WILKEN on 8/4/09. (scc, COURT STAFF) (Filed on 8/4/2009)

1 SARA B. BRODY (Bar No. 130222)

2 CECILIA Y. CHAN (Bar No. 240971) 3 SIDLEY AUSTIN LLP

CAROL LYNN THOMPSON (Bar No. 148079) AMANDA HASSID (Bar No. 254497) 555 California Street

4 San Francisco, CA 94104

5 Facsimile: [phone] 6 [e-mail] 7 [e-mail]

Telephone: [phone] [e-mail]

[e-mail]

8 Attorneys for Defendants

9 ROBERT J. DORIS, A. CLAY LEIGHTON,

SONIC SOLUTIONS, DAVID C. HABIGER, MARY C. SAUER, MARK ELY, ROBERT M. GREBER,

10 PETER J. MARGUGLIO and R. WARREN LANGLEY 11 12 13 14

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) ) ) ) ) Plaintiffs, ) ) 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 ORDER VACATING BRIEFING SCHEDULE

15 CITY OF WESTLAND POLICE AND

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

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

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

2 Retirement System and Plymouth County Retirement System ("Plaintiffs"), shareholders 3 of Sonic Solutions ("Sonic" or the "Company"), filed their initial class action complaint 4 against Sonic and certain of its officers and directors1 ("Defendants"), alleging federal 5 securities law violations arising from Sonic's historical stock option granting practices; 6

WHEREAS, on January 10, 2008, the Honorable Martin Jenkins appointed the

7 City of Westland Police and Fire Retirement System and Plymouth County Retirement 8 System as lead plaintiffs for the class; 9

WHEREAS, on March 21, 2008, Plaintiffs filed a consolidated amended

10 complaint; 11

WHEREAS, on May 27, 2008, Plaintiffs filed a corrected consolidated amended

12 complaint; 13

WHEREAS, on June 27, 2008, Defendants moved to dismiss the corrected

14 consolidated amended complaint, and on April 6, 2009, this Court issued its decision 15 granting in part and denying in part the motion with leave to amend; 16

WHEREAS, the Court's April 6, 2009 Order further set forth a schedule requiring

17 Plaintiffs to file an amended complaint by May 8, 2009, and Defendants to respond by 18 June 18, 2009; 19

WHEREAS, on May 8, 2009, the Plaintiffs filed the First Amended Class Action

20 Complaint for Violations of the Federal Securities Law (the "First Amended 21 Complaint"); 22

WHEREAS, the parties scheduled a mediation for June 24, 2009 with United

23 States District Court Judge Layn Phillips (Ret.) and accordingly agreed to continue the 24 date of Defendants' response to the First Amended Complaint; 25 26 27 The individual defendants include David C. Habiger, Robert J. Doris, A. Clay Leighton, Mary 28 C. Sauer, Mark Ely, Robert M. Greber, Peter J. Marguglio, and R. Warren Langley.
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STIPULATION AND [PROPOSED] ORDER VACATING BRIEFING SCHEDULE CASE NO. C 07 5111 CW

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WHEREAS, on June 16, 2009, this Court approved the parties' stipulation and

2 issued an Order setting the response date to the First Amended Complaint on July 31, 3 2009, and a hearing on a motion to dismiss, if filed, and a Case Management Conference 4 on October 8, 2009; 5

WHEREAS, the parties have reached a settlement in principle to resolve this

6 action and are in the process of documenting the settlement; 7

WHEREAS, in light of the settlement reached, the parties agree, in the interests of

8 judicial efficiency, that the due date for Defendants to respond to the Amended 9 Complaint and any briefing of a motion to dismiss should be vacated; 10

WHEREAS, the parties further agree that the Case Management Conference

11 scheduled for October 8, 2009 should remain as scheduled; 12

THEREFORE, IT IS STIPULATED AND AGREED by Plaintiffs and

13 Defendants, through their respective counsel of record, as follows: 14

1.

The response date to the First Amended Complaint and the briefing schedule

15 for Defendants' motion to dismiss should be vacated. 16

2.

The Case Management Conference scheduled for October 8, 2009 should

17 remain on calendar. 18 19 20 DATED: July 23, 2009 21 22 23 24 25 26 27 28

IT IS SO STIPULATED. SIDLEY AUSTIN LLP /s/ Sara B. Brody SARA B. BRODY CAROL LYNN THOMPSON CECILIA Y. CHAN AMANDA HASSID Attorneys for Defendants 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
STIPULATION AND [PROPOSED] ORDER VACATING BRIEFING SCHEDULE CASE NO. C 07 5111 CW

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1 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

DATED: July 23, 2009

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP

/s/ Shawn A. Williams SHAWN A. WILLIAMS CHRISTOPHER M. WOOD Co-Lead Counsel for Plaintiffs CITY OF WESTLAND POLICE AND FIRE RETIREMENT SYSTEM and PLYMOUTH COUNTY RETIREMENT SYSTEM DATED: July 23, 2009 LABATON SUCHAROW LLP

/s/ Christopher J. Keller CHRISTOPHER J. KELLER JONATHAN GARDNER Co-Lead Counsel for Plaintiffs CITY OF WESTLAND POLICE AND FIRE RETIREMENT SYSTEM and PLYMOUTH COUNTY RETIREMENT SYSTEM ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

8/4/09

DATED: ____________________

_______________________________ THE HONORABLE CLAUDIA WILKEN United States District Judge
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STIPULATION AND [PROPOSED] ORDER VACATING BRIEFING SCHEDULE CASE NO. C 07 5111 CW