In Re: Maxim Integrated Products, Inc., Derivative Litigation

Filing 237

STIPULATION AND ORDER TO FILE CORRECTED THIRD AMENDED VERIFIED CONSOLIDATED SHAREHOLDER DERIVATIVE COMPLAINT re 234 Stipulation. Signed by Judge James Ware on 12/18/2008. (ecg, COURT STAFF) (Filed on 12/18/2008)

8 Attorneys for Defendants Frederick G. Beck, Tunc Doluca, Pirooz 9 Parvarandeh, Richard C. Hood, Vijaykumar Ullal, Michael J. Byrd, James R Bergman, A.R. Frank 10 Wazzan, B. Kipling Hagopian, Ziya Boyacigiller, Kenneth Huening, Alan Hale, Eric Karros, 11 Charles Rigg, Christopher Neil, Ed Medlin, Nasrollah Navid, Viktor Zekeriya, Rob B. 12 Georges, William Levin, Robert Scheer, Laszlo Gal, Sharon Smith-Lenox, M.D. Sampels, David 13 Timm, Matthew Murphy, and Jennifer Gilbert 14 15 16 17

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION No. 5:06-cv-03344-JW STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF CORRECTED THIRD AMENDED VERIFIED CONSOLIDATED SHAREHOLDER DERIVATIVE COMPLAINT

In re MAXIM INTEGRATED PRODUCTS, 18 INC. DERIVATIVE LITIGATION, 19 20 21 22 23 24 25 26 27 28 This Document Relates To: ALL ACTIONS.

Case No. No. 5:06-cv-03344-JW STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF CORRECTED THIRD AMENDED VERIFIED CONSOLIDATED SHAREHOLDER DERIVATIVE COMPLAINT

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1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP John M. Potter (Bar No. 165843) 2 [e-mail] m Scott G. Lawson (Bar No. 174671) S DISTRICT TE C 3 [e-mail] m TA Patrick C. Doolittle (Bar No. 203659) 4 patrickdoolitt [e-mail] m Christ ina Wu (Bar No. 233186) D RDERE 5 [e-mail] m S SO O IT I 50 California Street, 22nd Floor 6 San Francisco, California 94111 Telephone: [phone] re mes Wa 7 Facsimile: [phone] Judge Ja

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STIPULATION IT IS HEREBY STIPULATED by and between all parties to the above-entitled action, through their respective counsel, as follows: WHEREAS, on August 27, 2008, the Court in the instant case entered an Order granting in part and denying in part Certain Individual Defendants' Motion to Dismiss Plaint iffs' Second Amended Verified Consolidated Shareholder Complaint (the "August 27, 2008 Order"); WHEREAS, on September 19, 2008, Plaintiffs filed a Third Amended Verified

9 Consolidated Shareholder Derivative Complaint ("TAC"); 10 11 12 13 14 individual Defendants (namely Count IV as against Defendant Sharon Smith-Lenox, Count II as WHEREAS, on October 16, 2008, counsel for certain individual Defendants wrote to counsel for Plaintiffs to request that, in light of, and consistent with the rulings contained in, the Court's August 27, 2008 Order, the TAC be corrected to eliminate certain claims against certain

15 against Defendants Michael Byrd, Eric Karros and M.D. Sampels, and Counts III, IV and VII-IX 16 as against Defendant Alan Hale); 17 WHEREAS, with respect to Count IV as against Defendant Sharon Smith-Lenox, Count II

18 as against Defendants Eric Karros and M.D. Sampels, and Counts III, IV and VII-IX as against 19 20 21 22 WHEREAS, all parties agree that Plaintiffs should be permitted to file a Corrected Third Amended Complaint, eliminat ing Count IV as against Defendant Sharon Smith-Lenox, Count II as Defendant Alan Hale, Plaintiffs agree that the TAC should be corrected;

23 against Defendants Eric Karros and M.D. Sampels, and Counts III, IV and VII-IX as against 24 Defendant Alan Hale, but not adding any new or different factual allegations or claims; 25 26 27 28
Case No. No. 5:06-cv-03344-JW -1STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF CORRECTED THIRD AMENDED VERIFIED CONSOLIDATED SHAREHOLDER DERIVATIVE COMPLAINT

IT IS HEREBY STIPULATED AS FOLLOWS: 1. Defendants need not respond to the TAC, as filed on September 19, 2008, responses to which are currently due on or before December 17, 2008.

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2. Plaintiffs shall file a Corrected Third Amended Verified Consolidated Shareholder

2 Derivative Complaint no later than December 15, 2008. 3 4 5 6 7 8 DATED: December 15, 2008 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Case No. No. 5:06-cv-03344-JW -2STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF CORRECTED THIRD AMENDED VERIFIED CONSOLIDATED SHAREHOLDER DERIVATIVE COMPLAINT

3. Defendants shall file their responses to Plaintiffs' Corrected Third Amended Verified Consolidated Shareholder Derivative Complaint on or before December 30, 2008. IT IS SO STIPULATED.

By

/S/ COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP Shawn A. Williams Darren J. Robbins Travis E. Downs III Benny C. Goodman III Lucas F. Olts BARROWAY, TOPAZ, KESSLER & CHECK LLP Eric L. Zagar Robin Winchester James H. Miller Co-Lead Counsel for Plaintiffs

DATED: December 15, 2008

ROPERS, MAJESKI, KOHN & BENTLEY

By /S/ Michael J. Ioannou Attorneys for Nominal Defendant Maxim Integrated Products, Inc.

1 DATED: December 15, 2008 2 3 4 5 6 7 DATED: December 15, 2008 8 9 10 11 12 13 14 15 16 17 18 DATED: December 15, 2008

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

By /S/ Scott G. Lawson Patrick C. Doolittle Attorneys for certain Individual Defendants_________ IRELL & MANELLA LLP

By /S/ David Siegel John C. Hueston Garland A. Kelley Shaunt T. Arevian Attorneys for Defendant John F. Gifford LATHAM & WATKINS LLP

By /S/ David M. Friedman Attorneys for Defendant Carl Jasper ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

19 DATED: December ___, 2008 18 20 21 22 23 24 25 26 27 28
Case No. No. 5:06-cv-03344-JW -3STIPULATION AND [PROPOSED] ORDER REGARDING FILING OF CORRECTED THIRD AMENDED VERIFIED CONSOLIDATED SHAREHOLDER DERIVATIVE COMPLAINT

THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE