In re KLA-Tencor Corp., Shareholder Derivative Litigation

Filing 511

STIPULATION AND ORDER RE CASE MANAGEMENT re #509 Stipulation. Joint Case Management Statement due 3/30/2009. Further Case Management Conference set for 4/6/2009 10:00 AM. Signed by Judge James Ware on 1/16/2009. (ecg, COURT STAFF) (Filed on 1/16/2009)

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

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Attorneys for Defendants Jeffrey L. Hall, Richard P. Wallace, John H. Kispert, Stephen P. Kaufman, and Nominal Defendant KLA-Tencor Corporation

F D IS T IC T O R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION

In re KLA-TENCOR CORPORATION SHAREHOLDER DERIVATIVE LITIGATION

Case No. C-06-03445-JW STIPULATION AND [PROPOSED] ORDER RE CASE MANAGEMENT Date: Time: Place: January 12, 2009 9:00 a.m. Courtroom 8, San Jose Courthouse

This Document Relates to: ALL ACTIONS

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STIP. AND [PROPOSED] CASE MANAGEMENT ORDER (NO. 06-3445)

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JOHN H. HEMANN (SBN 165823) JOSEPH E. FLOREN (SBN 168292) THOMAS R.GREEN (SBN 203480) MATTHEW S. WEILER (SBN 236052) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] [e-mail] [e-mail]

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O ORD IT IS S

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MORGAN, LEWIS & BOCKIUS LLP
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WHEREAS, on January 12, 2009, the Court presided over a Case Management Conference in this action and, after discussion, directed the parties to meet and confer and to develop a schedule for addressing the particular issues outlined by the Court pertaining to settlement discussions, Lead Plaintiff's requests for documents from Nominal Defendant KLATencor Corporation ("KLA-Tencor") and objections thereto (including the objection that discovery is stayed at this time), and the state of the pleadings; and, WHEREAS, the parties have met and conferred as directed by the Court, NOW, therefore, the parties agree and stipulate, subject to Court approval, as follows: 1. On or before January 26, 2009, the parties shall attempt to agree upon a mediator

and a date for a mediation. If the parties reach agreement on this subject, they shall so notify the Court by January 26, 2009, and the Court will order the parties to mediate as agreed. If the parties are unable to reach agreement upon the mediator or mediation schedule, the parties shall file a joint statement summarizing their respective positions and identifying all proposed mediators and dates, and the Court will thereafter issue an order appointing a mediator and setting a deadline for completion of mediation. 2. Without deciding any issues pertaining to the appropriateness and proper scope of

discovery at this time, if any, all of which issues are expressly reserved, the following schedule shall govern Lead Plaintiff's proposed request for documents from KLA-Tencor: a. On or before January 26, 2009, Lead Plaintiff shall serve a request for

documents upon KLA-Tencor. b. On or before February 17, 2009, KLA-Tencor shall serve a response and

any objections to Lead Plaintiff's request for documents. c. Counsel for Lead Plaintiff and KLA-Tencor shall meet and confer and

attempt to resolve in good faith any disagreements regarding KLA-Tencor's response to Lead Plaintiff's request for documents. d. On or before March 2, 2009, Lead Plaintiff shall file its motion to compel,

if any, regarding KLA-Tencor's response and objections to Lead Plaintiff's request for documents.
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STIP. AND [PROPOSED] CASE MANAGEMENT ORDER (NO. 06-3445)

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e.

This schedule is without prejudice to any party's right to object to

document requests or production, in whole or in part, on any ground; shall not preclude any party from seeking additional relief from the Court with respect to discovery matters; and shall not preclude any party from seeking additional discovery at a later date. 3. The parties shall report on their progress at the next Case Management

Conference, which will be on April 6, 2009 at 10:00 a.m. The parties shall file a Joint Case Management Statement on or before March 30, 2009. 4. Defendants' obligation to respond to the operative complaint (the Amended

Consolidated Verified Shareholder Derivative Complaint filed by Lead Plaintiff on February 20, 2007) is suspended until a date established as set forth below. The parties are encouraged to discuss the claims as to each Defendant informally. The expectation is that Lead Plaintiff will amend the operative complaint if the case is not settled (although there is no requirement that Lead Plaintiff do so) before any response thereto is required. Absent further order of the Court, the Defendants shall file and serve their responsive pleading(s) or motions in response to the operative complaint 45 days after (a) the date any amended complaint is filed; or (b) the date Lead Plaintiff files and serves a notice stating its intent not to amend the operative complaint. IT IS SO STIPULATED. DATED: January 13, 2009 MORGAN, LEWIS & BOCKIUS LLP JOHN H. HEMANN JOSEPH E. FLOREN By: /s/___ Joseph E. Floren

One Market, Spear Street Tower San Francisco, CA 94105-1126 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants Jeffrey L. Hall, Richard P. Wallace, John H. Kispert, Stephen P. Kaufman, and Nominal Defendant KLATencor Corporation

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STIP. AND [PROPOSED] CASE MANAGEMENT ORDER (NO. 06-3445)

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A T T O R N E Y S A T LAW S A N FR A N C I S C O

I, Joseph E. Floren, 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 each of the 8 signatories identified below has concurred in this filing. DATED January 13, 2009 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS CHRISTOPHER WOOD

/s/ SHAWN A. WILLIAMS 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone] (fax) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DARREN J. ROBBINS TRAVIS E. DOWNS III 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: [phone] (fax) Lead Counsel for Plaintiffs DATED: January 13, 2009 FENWICK & WEST LLP KEVIN P. MUCK DEAN S. KRISTY By: /s/ Kevin P. Muck

555 California Street, 12th Floor San Francisco, CA 94104 Tel. [phone] Fax: [phone] Attorneys for Defendants Edward W. Barnholt, H. Raymond Bingham, Robert J. Boehlke, Robert T. Bond, Richard J. Elkus, Jr., Leo Chamberlain, and Lida Urbanek

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STIP. AND [PROPOSED] CASE MANAGEMENT ORDER (NO. 06-3445)

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A T T O R N E Y S A T LAW S A N FR A N C I S C O

DATED: January 13, 2009

ORRICK, HERRINGTON & SUTCLIFFE LLP WALTER F. BROWN, JR. ROBERT P. VARIAN By: /s/ Robert P. Varian

405 Howard Street San Francisco, CA 94105 Tel. [phone] Fax: [phone] Attorneys for Defendant Gary Dickerson

DATED: January 13, 2009

SHEARMAN & STERLING LLP PATRICK D. ROBBINS JEFFREY S. FACTER EMILY GRIFFEN By: /s/ Emily Griffen

525 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Kenneth Levy

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STIP. AND [PROPOSED] CASE MANAGEMENT ORDER (NO. 06-3445)

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A T T O R N E Y S A T LAW S A N FR A N C I S C O

DATED: January 13, 2009

LAW OFFICE OF MARK A. BELNICK, LLC MARK A. BELNICK (admitted pro hac vice) By: /s/ Mark A. Belnick

120 West 45th Street, Suite 1700B New York, NY 10036 Telephone: [phone] Fax: [phone] CHRISTOPHER D. KERCHER (pro hac vice) AKIN GUMP STRAUSS HAUER & FELD LLP 590 Madison Avenue New York, NY 10022 Tel [phone] STEVEN S. KAUFHOLD AKIN GUMP STRAUSS HAUER & FELD LLP 580 California Street, 15th Floor San Francisco, CA 94104 Tel: [phone] Fax: [phone] Attorneys for Defendant Stuart J. Nichols

DATED: January 13, 2009

RAMSEY & EHRLICH LLP ISMAIL RAMSEY MILES F. EHRLICH By: /s/ Ismail Ramsey

803 Hearst Avenue Berkeley, CA 94710 Telephone: [phone] Attorneys for Defendant Arthur Schnitzer

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STIP. AND [PROPOSED] CASE MANAGEMENT ORDER (NO. 06-3445)

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A T T O R N E Y S A T LAW S A N FR A N C I S C O

DATED: January 13, 2009

DLA PIPER US LLP SHIRLI FABBRI WEISS DAVID A. PRIEBE By: /s/ David A. Priebe

2000 University Avenue East Palo Alto, California 94303 Telephone: [phone] Facsimile : [phone] Attorneys for Defendant Kenneth L. Schroeder

DATED: January 13, 2009

HOGAN AND HARTSON LLP MICHAEL J. SHEPARD MEGAN DIXON By: /s/ Megan Dixon

4 Embarcadero Center 22nd Floor San Francisco, CA 94111 Phone: [phone] Fax: [phone] Attorneys for Defendant Jon D. Tompkins

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STIP. AND [PROPOSED] CASE MANAGEMENT ORDER (NO. 06-3445)

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A T T O R N E Y S A T LAW S A N FR A N C I S C O

ORDER PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT: 1. On or before January 26, 2009, the parties shall attempt to agree upon a mediator

and a date for a mediation. If the parties reach agreement on this subject, they shall so notify the Court by January 26, 2009, and the Court will order the parties to mediate as agreed. If the parties are unable to reach agreement upon the mediator or mediation schedule, the parties shall file a joint statement summarizing their respective positions and identifying all proposed mediators and dates, and the Court will thereafter issue an order appointing a mediator and setting a deadline for completion of mediation. 2. Without deciding any issues pertaining to the appropriateness and proper scope of

discovery at this time, if any, all of which issues are expressly reserved, the following schedule shall govern Lead Plaintiff's proposed request for documents from KLA-Tencor: a. On or before January 26, 2009, Lead Plaintiff shall serve a request for

documents upon KLA-Tencor. b. On or before February 17, 2009, KLA-Tencor shall serve a response and

any objections to Lead Plaintiff's request for documents. c. Counsel for Lead Plaintiff and KLA-Tencor shall meet and confer and

attempt to resolve in good faith any disagreements regarding KLA-Tencor's response to Lead Plaintiff's request for documents. d. On or before March 2, 2009, Lead Plaintiff shall file its motion to compel,

if any, regarding KLA-Tencor's response and objections to Lead Plaintiff's request for documents. e. This schedule is without prejudice to any party's right to object to

document requests or production, in whole or in part, on any ground; shall not preclude any party from seeking additional relief from the Court with respect to discovery matters; and shall not preclude any party from seeking additional discovery at a later date. 3.
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The parties shall report on their progress at the next Case Management 7
STIP. AND [PROPOSED] CASE MANAGEMENT ORDER (NO. 06-3445)

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A T T O R N E Y S A T LAW S A N FR A N C I S C O

Conference, which will be on April 6, 2009 at 10:00 a.m. The parties shall file a Joint Case Management Statement on or before March 30, 2009. 4. Defendants' obligation to respond to the operative complaint (the Amended

Consolidated Verified Shareholder Derivative Complaint filed by Lead Plaintiff on February 20, 2007) is suspended until a date established as set forth below. The parties are encouraged to discuss the claims as to each Defendant informally. The expectation is that Lead Plaintiff will amend the operative complaint if the case is not settled (although there is no requirement that Lead Plaintiff do so) before any response thereto is required. Absent further order of the Court, the Defendants shall file and serve their responsive pleading(s) or motions in response to the operative complaint 45 days after (a) the date any amended complaint is filed; or (b) the date Lead Plaintiff files and serves a notice stating its intent not to amend the operative complaint. SO ORDERED. DATED: ______________, 2009 January 16, 2009 Hon. James Ware United States District Judge

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STIP. AND [PROPOSED] CASE MANAGEMENT ORDER (NO. 06-3445)