Cinotto v. Bartz et al

Filing 19

STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 9/6/11. (lrc, COURT STAFF) (Filed on 9/6/2011)

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DEAN S. KRISTY (CSB No. 157646)
[e-mail]
KEVIN P. MUCK (CSB No. 120918)
[e-mail]
TAI LUI TAN (CSB No. 269735)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants John T. Chambers, Randy Pond,
Gary B. Moore, Robert W. Lloyd, Frank A. Calderoni,
Larry R. Carter, Jerry Yang, Carol A. Bartz, Steven M. West,
John L. Hennessy, Roderick C. McGeary, M. Michele Burns,
Richard M. Kovacevich, Michael D. Capellas, Brian L. Halla,
Arun Sarin, and Nominal Defendant Cisco Systems, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

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IN RE CISCO SYSTEMS, INC.
DERIVATIVE LITIGATION

Lead Case No. C-11-01734 SBA
STIPULATED AND ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE

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This Document Relates To:

Date: September 14, 2011
Time: 3:15 p.m.
Place: Telephonic

ALL ACTIONS.

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Plaintiffs Jean Marie Cinotto and Marilyn Poulos (“Plaintiffs”), and Defendants John T.

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Chambers, Randy Pond, Gary B. Moore, Robert W. Lloyd, Frank A. Calderoni, Larry R. Carter,

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Jerry Yang, Carol A. Bartz, Steven M. West, John L. Hennessy, Roderick C. McGeary, M.

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Michele Burns, Richard M. Kovacevich, Michael D. Capellas, Brian L. Halla, Arun Sarin, and

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Nominal Defendant Cisco Systems, Inc. (collectively, “Defendants”), by and through their

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respective counsel of record, hereby stipulate as follows:

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WHEREAS, these consolidated derivative actions were filed by Plaintiffs Jean Marie

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Cinotto and Marilyn Poulos on April 6, 2011 and April 20, 2011, respectively, and were

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consolidated by order of the Court dated June 28, 2011;
STIP. AND PROPOSED ORDER
STAYING CMC

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NO. C-11-01734 SBA

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WHEREAS, these consolidated derivative actions have been deemed “related cases” to

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putative class action lawsuits filed in this Court, the first of which is entitled Schipper v. Cisco

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Systems, Inc., et al., No. C-11-01568 SBA, filed on March 31, 2011 (the “Schipper Class

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Action”);

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WHEREAS, pursuant to the provisions of the Private Securities Litigation Reform Act of

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1995 (“Reform Act”), motions for appointment of lead plaintiff have been filed in the Schipper

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Class Action, and the parties understand such motions are currently pending;

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WHEREAS, it is anticipated that a consolidated amended complaint will be filed in
connection with the Schipper Class Action, and related class actions, after appointment of a lead
plaintiff pursuant to the Reform Act;
WHEREAS, to facilitate coordination with the Schipper Class Action and related class

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F ENWICK & W EST LLP

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actions, the Court entered a stipulated order on June 28, 2011 providing, among other things, that:

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(i) Plaintiffs in these consolidated derivative actions will file a consolidated and/or amended

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derivative complaint within 30 days after the filing of a consolidated class action complaint in the

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Schipper Class Action; (ii) Defendants in these derivative actions shall have 45 days from the

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filing of the consolidated and/or amended derivative complaint in which to respond to such

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pleading; and (iii) Defendants need not respond to any complaint in these derivative actions in the

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interim;

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WHEREAS, in light of the foregoing, the parties do not expect a consolidated and/or

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amended complaint to be filed in these consolidated derivative actions until at least October 2011

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(or perhaps later), and do not expect Defendants to respond to such complaint until December

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2011 (or perhaps later);

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WHEREAS, the parties note that in the Schipper Class Action, the Court entered an order

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on June 1, 2011 staying the previously scheduled case management conference and related case

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management deadlines pending resolution of defendants’ anticipated motion to dismiss;

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WHEREAS, in light of the foregoing, the parties similarly believe that it would not be in

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the interests of efficiency and economy to have a Case Management Conference, or to prepare a

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case management report, at this time;
STIP. AND PROPOSED ORDER
STAYING CMC

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NO. C-11-01734 SBA

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WHEREAS, the parties respectfully request that the Case Management Conference in this

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case (currently scheduled for September 14, 2011) be stayed pending resolution of Defendants’

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anticipated motion to dismiss.

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IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the
parties, that:
1. The case management conference presently scheduled for September 14, 2011 be
stayed pending resolution of Defendants’ anticipated motion to dismiss; and

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2. The currently scheduled deadline for submission of a case management report

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(September 7, 2011) be stayed pending resolution of Defendants’ anticipated motion to dismiss.

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Dated: August 30, 2011

JOHNSON & WEAVER, LLP

ATTORNEYS AT LAW
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F ENWICK & W EST LLP

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By:

/s/ Frank J. Johnson
Frank J. Johnson
Attorneys for Plaintiffs Jean Marie Cinotto and
Marilyn Poulos

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Dated: August 30, 2011

FENWICK & WEST LLP

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By:

/s/ Kevin P. Muck
Kevin P. Muck
Attorneys for Defendants John T. Chambers,
Randy Pond, Gary B. Moore, Robert W. Lloyd,
Frank A. Calderoni, Larry R. Carter, Jerry Yang,
Carol A. Bartz, Steven M. West, John L.
Hennessy, Roderick C. McGeary, M. Michele
Burns, Richard M. Kovacevich, Michael D.
Capellas, Brian L. Halla, and Arun Sarin,
Nominal Defendant Cisco Systems, Inc.

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Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing
of this stipulation.

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STIP. AND PROPOSED ORDER
STAYING CMC

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NO. C-11-01734 SBA

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ORDER

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Pursuant to the foregoing stipulation, it is hereby ordered that that:

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1.

The case management conference in these derivative actions, presently scheduled for

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September 14, 2011, is hereby stayed pending resolution of Defendants’ anticipated motion to

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dismiss; and

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2. The currently scheduled deadline for submission of a case management report

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(September 7, 2011) is hereby stayed pending resolution of Defendants’ anticipated motion to

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dismiss.

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Dated: _9/6/11
____________________________________
The Honorable Saundra Brown Armstrong
United States District Judge

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ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

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STIP. AND PROPOSED ORDER
STAYING CMC

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NO. C-11-01734 SBA