In re Trident Microsystems, Inc. Derivative Litigation

Filing 174

STIPULATION AND ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANT FRANK LIN'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED CONSOLIDATED VERIFIED SHAREHOLDER COMPLAINT AND SETTING DATE FOR RESPONSE OF DEFENDANT TRIDENT MICROSYSTEMS, INC. TO PLAI NTIFFS' SECOND AMENDED COMPLAINT AND DEFENDANT LIN'S COUNTERCLAIM (approving 173 ). Motion Hearing set for 11/5/2010 09:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 8/20/2010. (jflc2, COURT STAFF) (Filed on 8/20/2010)

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Jeffrey S. Facter (State Bar No. 123817) Patrick D. Robbins (State Bar No. 152288) Justin S. Chang (State Bar No. 205925) Mikael A. Abye (State Bar No. 233458) SHEARMAN & STERLING LLP 525 Market Street, Suite 1500 San Francisco, CA 94105-2723 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendant Frank C. Lin

**E-Filed 8/20/2010**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION IN RE TRIDENT MICROSYSTEMS, INC. DERIVATIVE LITIGATION Case No.: C 06-3440-JF STIPULATION AND -----------------[PROPOSED] ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANT FRANK LIN'S MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED CONSOLIDATED VERIFIED SHAREHOLDER COMPLAINT AND SETTING DATE FOR RESPONSE OF DEFENDANT TRIDENT MICROSYSTEMS, INC. TO PLAINTIFFS' SECOND AMENDED COMPLAINT AND DEFENDANT LIN'S COUNTERCLAIM

This Document Relates to: ALL ACTIONS

STIP TO SET BRIEFING SCHED. FOR RESPONSE TO SAC

CASE NO.: C 06-3440-JF
289460

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WHEREAS, on May 28, 2010, during a status conference in this matter, the Court set a hearing for October 29, 2010 at 9:00 a.m. for defendant Frank Lin's anticipated motion to dismiss plaintiffs' amended complaint; WHEREAS, on July 1, 2010, plaintiffs filed a Second Amended Consolidated Verified Shareholder Complaint ("SAC"); WHEREAS, plaintiffs and Mr. Lin, through their counsel have conferred and agreed to a briefing schedule concerning Mr. Lin's motion to dismiss the SAC; WHEREAS, Mr. Lin and nominal defendant Trident Microsystems, Inc. ("Trident"), through their counsel and in light of ongoing mediation with the Honorable Justice Howard B. Weiner (ret.), have conferred and agreed to a response date to the counterclaim filed by Mr. Lin against Trident; THEREFORE, IT IS STIPULATED AND AGREED AS FOLLOWS: 1. Mr. Lin shall file his motion to dismiss the SAC on or before September 1,

2.

Plaintiffs shall file their brief in opposition to Mr. Lin's motion to dismiss

on or before October 1, 2010; 3. Mr. Lin shall file his reply brief in support of his motion to dismiss on or

before October 22, 2010; and 4. The hearing for Mr. Lin's motion to dismiss the SAC shall be on

November 5, 2010 at 9:00 a.m. 5. Any responsive pleading by Trident to the SAC shall be filed on or before

September 1, 2010. If such pleading is filed, and it is a motion brought under Rule 12 of the Federal Rules of Civil Procedure, such motion shall be briefed and heard on the same schedule as set forth above for Mr. Lin's motion. 6. Any responsive pleading by Trident to the counterclaim of Mr. Lin shall be

filed on or before September 1, 2010. If such pleading is filed, and it is a motion brought under Rule 12 of the Federal Rules of Civil Procedure, such motion shall be briefed and heard on the /// STIP TO SET BRIEFING SCHED. FOR RESPONSE TO SAC 1 CASE NO.: C 06-3440-JF
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same schedule as set forth above for Mr. Lin's motion.

Dated: August 18, 2010

SHEARMAN & STERLING LLP By: /s/ Mikael A. Abye

Attorneys for Defendant Frank C. Lin Dated: August 18, 2010 DLA PIPER LLP (US) By: /s/ Nate McKitterick

Attorneys for Nominal Defendant Trident Microsystems, Inc.

Dated: August 18, 2010

ROBBINS GELLER RUDMAN & DOWD LLP By: /s/ Christopher M. Wood

BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP By: /s/ Robin Winchester

Co-Lead Counsel for Plaintiffs

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED, Dated: 8/20/2010 The Honorable Jeremy Fogel United States District Judge

STIP TO SET BRIEFING SCHED. FOR RESPONSE TO SAC

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CASE NO.: C 06-3440-JF
289460

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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Mikael A. Abye, 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 Nate McKitterick, Christopher M. Wood, and Robin Winchester have concurred in this filing.

DATED: August 18, 2010

By:

/s/ Mikael A. Abye

STIP TO SET BRIEFING SCHED. FOR RESPONSE TO SAC

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CASE NO.: C 06-3440-JF
289460