In re Google Inc. Shareholder Derivative Litigation

Filing 24

STIPULATION AND ORDER REGARDING ADR CERTIFICATION AND SELECTION PROCESS re 22 Stipulation, filed by K. Ram Shriram, Eric E Schmidt, Shirley M Tilghman, Sergey Brin, Google, Inc., Ann Mather, L. John Doerr, Larry Page, Nikesh Arora, Paul S Otellini, Patrick Pichette, John L. Hennessy. Signed by Judge Phyllis J. Hamilton on 10/25/11. (nah, COURT STAFF) (Filed on 10/25/2011)

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BORIS FELDMAN, State Bar No. 128838
Email: [e-mail]
ELIZABETH C. PETERSON, State Bar No. 194561
Email: [e-mail]
CHERYL FOUNG, State Bar No. 108868
Email: [e-mail]
DIANE M. WALTERS, State Bar No. 148136
Email: [e-mail]
BRYSON S. SANTAGUIDA, State Bar No. 255173
Email: [e-mail]
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants and Nominal Defendant
Google Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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In re GOOGLE INC. SHAREHOLDER
DERIVATIVE LITIGATION

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This Document Relates To:

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ALL ACTIONS

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STIPULATION AND [PROPOSED]
ORDER RE ADR CERTIFICATION AND
SELECTION PROCESS
MASTER FILE NO. CV-11-04248-PJH

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Master File No. CV-11-04248-PJH
STIPULATION AND [PROPOSED]
ORDER REGARDING ADR
CERTIFICATION AND
SELECTION PROCESS
DATE:
TIME:
JUDGE:

N/A
N/A
Hon. Phyllis J. Hamilton

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Pursuant to Civil L.R. 16-8 and ADR L.R. 3-5, counsel report that they have met and
conferred regarding ADR and have reached the following stipulation:
On August 29, 2011, three shareholder derivative actions were filed purportedly on

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behalf of Google Inc. (“Google”). The parties subsequently filed a Stipulation and [Proposed]

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Order Consolidating Actions and Appointing Lead Counsel, which was entered by the Court on

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September 19, 2011 (“September 19, 2011 Order”). Pursuant to the schedule set in the

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September 19, 2011 Order, plaintiffs’ Consolidated Amended Complaint is due to be filed on

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October 24, 2011. Defendants intend to file motions to dismiss asserting, among other things,

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that plaintiffs lack standing to pursue this action. In light of the current procedural posture, the

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parties respectfully believe that the ADR certification and selection process is premature at this

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time, particularly given that the operative complaint has not yet been filed and the exact

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identities of the parties is not yet known. The parties agree that private mediation at some point

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during the course of this litigation may be appropriate if the Court finds that plaintiffs have

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standing and that the yet to be filed operative complaint states a claim.

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Dated: October 18, 2011

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Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050

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By: /s/ Elizabeth C. Peterson
Elizabeth C. Peterson

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Attorneys for Defendants and Nominal
Defendant Google Inc.

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STIPULATION AND [PROPOSED]
ORDER RE ADR CERTIFICATION AND
SELECTION PROCESS
MASTER FILE NO. CV-11-04248-PJH

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Dated: October 18, 2011

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Respectfully submitted,
ROBBINS GELLER RUDMAN
& DOWD LLP
DARREN J. ROBBINS
TRAVIS E. DOWNS III
BENNY C. GOODMAN III
ERIK W. LUEDEKE

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By: /s/ Travis E. Downs III
Travis E. Downs III

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655 West Broadway, Suite 1900
San Diego, CA 92101-3301
Telephone: [phone]
619/231-7423 (fax)

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ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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POMERANTZ HAUDEK GROSSMAN
& GROSS LLP
MARC I. GROSS
JEREMY A. LIEBERMAN
JASON S. COWART
FEI-LU QIAN
100 Park Avenue
New York, NY 10017-5516
Telephone: [phone]
212/661-8665 (fax)

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POMERANTZ HAUDEK GROSSMAN
& GROSS LLP
PATRICK V. DAHLSTROM
Ten South La Salle Street, Suite 3505
Chicago, IL 60603
Telephone: [phone]
312/377-1184 (fax)

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Lead Attorneys for Plaintiffs
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I, Elizabeth C. Peterson, am the ECF user whose ID and password are being used to file this
STIPULATION AND [PROPOSED] ORDER REGARDING ADR CERTIFICATION AND
SELECTION PROCESS. In compliance with General Order 45, X.B., I hereby attest that Travis
E. Downs III has concurred in this filing.

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STIPULATION AND [PROPOSED]
ORDER RE ADR CERTIFICATION AND
SELECTION PROCESS
MASTER FILE NO. CV-11-04248-PJH

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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4 DATED: 10/25/11

RT
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UNITED STATES DISTRICT JUDGE

RT

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Ju

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STIPULATION AND [PROPOSED]
ORDER RE ADR CERTIFICATION AND
SELECTION PROCESS
MASTER FILE NO. CV-11-04248-PJH

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