Faulkner v. Wolford et al

Filing 29

ORDER GRANTING 28 Stipulation CONTINUING CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES. Case Management Statement due by 7/19/2011. Case Management Conference set for 7/26/2011 02:00 PM. Signed by Judge Claudia Wilken on 5/4/2011. (ndr, COURT STAFF) (Filed on 5/4/2011)

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GIBSON, DUNN & CRUTCHER LLP
PAUL J. COLLINS, SBN 187709
[e-mail]
JACOB A. WALKER, SBN 271217
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Richard G. Wolford, Mary R.
Henderson, Timothy G. Bruer, Samuel H. Armacost,
Terence D. Martin, Joe L. Morgan, David R.
Williams, Victor L. Lund, Sharon L. McCollam

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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DALLAS FAULKNER, Individually And On
Behalf Of All Others Similarly Situated,
Plaintiff,

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vs.
RICHARD G. WOLFORD, MARY R.
HENDERSON, TIMOTHY G. BRUER,
SAMUEL H. ARMACOST, TERENCE D.
MARTIN, JOE L. MORGAN, DAVID R.
WILLIAMS, VICTOR L. LUND, SHARON L.
MCCOLLAM, BLUE MERGER SUB INC.,
BLUE ACQUISITION GROUP, INC., DEL
MONTE FOODS COMPANY,

CASE NO. 4:11-CV-00326 CW
STIPULATION AND ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE AND ASSOCIATED
DEADLINES

Defendants

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Gibson, Dunn &
Crutcher LLP

STIPULATION AND PROPOSED ORDER CONTINUING
CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES

CASE NO. 4:11-cv-00326 CW

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Pursuant to Civil Local Rules 6-2 and 7-12, plaintiff Dallas Faulkner, and defendants Del

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Monte Foods Company (“Del Monte”), Blue Acquisition Group, Inc., Richard G. Wolford, Mary R.

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Henderson, Timothy G. Bruer, Samuel H. Armacost, Terence D. Martin, Joe L. Morgan, David R.

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Williams, Victor L. Lund, Sharon L. McCollam (the “Director Defendants”) in Faulkner v. Wolford,

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et al., No. C 11-00326 CW (the “Faulkner Case”), by and through their respective counsel of record,

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hereby submit this Stipulation and Proposed Order seeking a nine week continuance of the Case

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Management Conference and other associated deadlines set forth in the Court’s April 6, 2011 order in

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the Faulkner Case scheduling a Case Management Conference for May 24, 2011.1

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WHEREAS, plaintiff filed a Motion to Appoint Lead Plaintiff and Lead Counsel and to

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Consolidate Heintz v. Wolford, et al., No. 10-CV-5789 CW and the Faulkner Case on April 11, 2011;

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and

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WHEREAS, the Court is currently scheduled to hear that motion on June 2, 2011; and

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WHEREAS, plaintiff anticipates that the lead plaintiff to be appointed by the Court will file a

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consolidated amended complaint following the June 2, 2011 hearing; and
WHEREAS, the parties are unaware of any other deadlines pending in this action that would

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be adversely affected by this Stipulation.
NOW THEREFORE, IT IS HEREBY STIPULATED, pursuant to Civil Local Rule 6-2,

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subject to the approval of the Court, by and between the parties to this case, that:
1. The Case Management Conference, presently scheduled for May 24, 2011, is continued to

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July 26, 2011 and the last day to file the case management statement is continued to July 19, 2011;

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and

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2. Defendants’ time to answer, move or otherwise respond to the Complaint in this action is

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extended until a date to be agreed upon by the parties, or set by the Court, following the appointment

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of a lead plaintiff. The parties shall negotiate in good faith to reach agreement on a schedule for the

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1 On April 5, 2011 the Court also issued an order in the related case Heintz v. Wolford, et al., No.

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10-CV-5789 CW adjourning that Case Management Conference and other associated deadlines
until May 24, 2011. Because no defendant has been served in that matter, it is not the subject of
this stipulation.

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND PROPOSED ORDER CONTINUING
CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES

CASE NO. 4:11-cv-00326 CW

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filing of an amended complaint and answer following the selection of lead plaintiff and, to the extent

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agreement is reached, shall submit a proposed stipulation to the Court together with the case

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management statement. If the parties are unable to reach agreement on a schedule for responding to

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the amended complaint, they shall jointly notify the Court in advance of the Case Management

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Conference.

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DATED: May 3, 2011

GIBSON, DUNN & CRUTCHER LLP

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By:

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/s/ Paul J. Collins
Paul J. Collins

Attorneys for the Director Defendants Richard G.
Wolford, Mary R. Henderson, Timothy G. Bruer,
Samuel H. Armacost, Terence D. Martin, Joe L.
Morgan, David R. Williams, Victor L. Lund, Sharon L.
McCollam

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DATED: May 3, 2011

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COVINGTON & BURLING LLP
By:

/s/ Mark P. Gimbel
Mark P. Gimbel

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Attorneys for Defendant Del Monte Foods Company

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DATED: May 3, 2011

SIMPSON THACHER & BARTLETT LLP

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By:

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/s/ Harrison J. Frahn IV
Harrison J. Frahn IV

Attorneys for Defendant Blue Acquisition Group, Inc.

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DATED: May 3, 2011

KAPLAN FOX & KILSHEIMER LLP
By:

/s/ Linda M. Fong
Linda M. Fong

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Attorneys for Plaintiff Dallas Faulkner

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND PROPOSED ORDER CONTINUING
CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES

CASE NO. 4:11-cv-00326 CW

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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May 4
Dated: ___________________________, 2011

_________________________________
The Honorable Claudia Wilken
United States District Judge

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Gibson, Dunn &
Crutcher LLP

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STIPULATION AND PROPOSED ORDER CONTINUING
CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES

CASE NO. 4:11-cv-00326 CW

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ATTESTATION PURSUANT TO GENERAL ORDER NO. 45

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Pursuant to General Order No. 45 of the Northern District of California, I attest that

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concurrence in the filing of this document has been obtained from the other signatories to this

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document.

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By:

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/s/ Jacob A. Walker
Jacob A. Walker

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100958250_2.DOC

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Gibson, Dunn &
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STIPULATION AND PROPOSED ORDER CONTINUING
CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES

CASE NO. 4:11-cv-00326 CW