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

Filing 255

STIPULATION AND ORDER re 254 Stipulation. This action is stayed in its entirety, including discovery, pending resolution of Defendants motions for summary judgment. Defendants' Motions to Strike the purportedly Corrected Third Amended Complai nt, and any related obligation to oppose same, is DENIED without prejudice to be renewed. Please see Order for briefing schedule on Motions for Summary Judgment. Motion Hearing set for 4/13/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Motions terminated: 240 MOTION to Strike 235 Corrected Third Amended Verified Consolidated Shareholder Derivative Complaint. Signed by Judge James Ware on 2/5/2009. (ecg, COURT STAFF) (Filed on 2/5/2009)

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A Professional Corporation San Jose

Attorneys for Nominal Defendant MAXIM INTEGRATED PRODUCTS, INC.

N UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

F D IS T IC T O R

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IN RE MAXIM INTEGRATED PRODUCTS, INC. DERIVATIVE LITIGATION. This Document Relates To: ALL ACTIONS.

CASE NO. C 06-3344 JW STIPULATION AND [PROPOSED] ORDER REGARDING A STAY OF THIS ACTION PENDING RESOLUTION OF DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT Judge: The Honorable James Ware Courtroom 8, Fourth Floor

Ropers Majeski Ko

IT IS HEREBY STIPULATED, by and between all parties to the above-entitled action, through their respective counsel, as follows: WHEREAS, on January 16, 2009, the parties filed a Supplemental Joint Case Management Statement informing the Court that the settlement in the parallel Delaware Chancery Court action, Ryan v. Gifford ("Ryan"), Civil Action No. 2213-CC , was approved and final judgment entered on January 2, 2009, and that the parties intended to stipulate to stay this action, pending briefing and resolution of Defendants' motions for summary judgment. See Docket No. 249; WHEREAS, on January 21, 2009, the Court issued an Order vacating the January 26, 2009, Case Management Conference in light of the intention of the parties to stipulate as set forth
Stipulation and [Proposed] Order Case No. C 06-3344 JW

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MICHAEL J. IOANNOU (SBN 95208) [e-mail] LITA M. VERRIER (SBN 181183) [e-mail] ROPERS, MAJESKI, KOHN & BENTLEY 50 W. San Fernando St., Suite 1400 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone]

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A Professional Corporation San Jose

above. See Docket No. 252. WHEREAS, the Court also directed the parties to file their stipulation regarding a stay on or before January 30, 2009, including a proposed schedule for briefing and hearing on Defendants' anticipated motions for summary judgment; WHEREAS, any proposed schedule would be affected by any appeal in Delaware of the Ryan final judgment approving the settlement. WHEREAS, the parties expect that the deadline for filing a notice of appeal to the Ryan final judgment will expire without the filing of any appeal on February 2, 2009. IT IS THEREFORE HEREBY STIPULATED AS FOLLOWS: 1. This action is stayed in its entirety, including discovery, pending resolution of Defendants' motions for summary judgment; 2. Defendants' Motions to Strike the purportedly Corrected Third Amended Complaint, is DENIED and any related obligation to oppose same, is stayed; without prejudice to be renewed. 3. Plaintiffs and Maxim, et al. agree to the following briefing schedule for the motions for summary judgment: (a) Any and all motions for summary judgment shall be filed on or before

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February 11, 2009; (b) (c) Plaint iffs' oppositions shall be filed on or before March 16, 2009; Any replies shall be filed on or before March 30, 2009;

Ap i 13, 2009 or another 4. A hearing date shall be scheduled for Aprrlil13, 2009, at 9 a.m. date that is convenient for the Court. IT IS SO STIPULATED

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Stipulation and [Proposed] Order Case No. C 06-3344 JW

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A Professional Corporation San Jose

Dated: January 30, 2009

ROPERS, MAJESKI, KOHN & BENTLEY

By: /s/ Michael J. Ioannou MICHAEL J. IOANNOU LITA M. VERRIER Attorneys for Nominal Defendant MAXIM INTEGRATED PRODUCTS, INC. Dated: January 30, 2009 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP

By: /s/ Christopher Wood CHRISTOPHER WOOD Attorneys for Plaintiffs COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DARREN J. ROBBINS TRAVIS E. DOWNS III BENNY C. GOODMAN III LUCASE F. OLTS 655 West Broadway, Suite 1900 San Diego, CA 92101 BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP ERIC L. ZAGAR ROBIN WINCHESTER JAMES H. MILLER 280 King of Prussia Road Radnor, PA 19087 SULLIVAN, WARD, ASHER & PATTON, P.C. CYNTHIA J. BILLINGS 25800 Northwestern Highway 1000 Maccabees Center Southfield, MI 48075-1000 THE WEISER LAW FIRM, P.C. ROBERT B. WEISER 121 N. Wayne Avenue, Suite 100 Wayne, PA 19087

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Stipulation and [Proposed] Order Case No. C 06-3344 JW

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A Professional Corporation San Jose

Dated: January 30, 2009

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP

By: /s/ Patrick Doolittle PATRICK DOOLITTLE Attorneys for certain Individual Defendants Dated: January 30, 2009 LATHAM & WATKINS LLP

By: /s/ David M. Friedman DAVID M. FRIEDMAN Attorneys for Defendant CARL JASPER

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I, Michael J. Ioannou, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order. In compliance with General Order 45, X.B., I hereby attest that Christopher Wood, Patrick Doolittle and David Friedman have concurred in this filing. Dated: January 30, 2009 ROPERS, MAJESKI, KOHN & BENTLEY

By: /s/ Michael J. Ioannou MICHAEL J. IOANNOU Attorneys for Nominal Defendant MAXIM INTEGRATED PRODUCTS, INC.

ORDER The Stipulation, including the briefing schedule for Defendants' motions for summary judgment, is hereby adopted by the Court and the parties are ordered to comply with this Order. as MODIFIED. The parties are ordered to comply with this Order. Dated:____________________ Dated: February 5, 2009 _________________________________________ THE HONORABLE JAMES WARE JUDGE, UNITED STATES DISTRICT COURT

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Stipulation and [Proposed] Order Case No. C 06-3344 JW