In re KLA-Tencor Corp., Shareholder Derivative Litigation

Filing 559

STIPULATION AND ORDER AS MODIFIED BY THE COURT re #558 Stipulation. Amended Complaint due 10/23/2009. Joint Case Management Conference statement due 12/4/2009. The Statement shall include, among other things, an update on the parties' settlement efforts and the parties' proposed schedule re: anticipated Motions to Dismiss. Further Case Management Conference set for 12/14/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose.. Signed by Judge James Ware on 10/9/2009. (ecg, COURT STAFF) (Filed on 10/9/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

JOHN H. HEMANN (SBN 165823) JOSEPH E. FLOREN (SBN 168292) REBECCA A. FALK (SBN 226798) MATTHEW S. WEILER (SBN 236052) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] Email: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Defendants Jeffrey Hall, Richard P. Wallace, and Nominal Defendant KLA-Tencor Corporation

UNIT ED

S

S DISTRICT TE C TA

ER

N

F D IS T IC T O R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA - SAN JOSE DIVISION

In re KLA-TENCOR CORP. SHAREHOLDER DERIVATIVE LITIGATION This Document Relates To: ALL ACTIONS

Case No. C06-3445-JW JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES FOR FILING OF LEAD PLAINTIFF'S AMENDED COMPLAINT AND MOTION HEARING

ALL PARTIES TO THIS ACTION HEREBY STIPULATE AND AGREE AS FOLLOWS: WHEREAS, on August 27, 2009, the Court issued an order that Lead Plaintiff file an amended complaint by October 9, 2009, and set a hearing for Defendants' motions to dismiss for December 14, 2009; WHEREAS, the parties and Defendants' insurers have continued to participate in mediation of the claims in this action with the assistance of the Hon. Layn Phillips (ret.) as mediator; WHEREAS, Lead Plaintiff has since the August 27, 2009 Order reached agreements in
DB2/21366377.1

A

C

LI
C06-3445-JW

JOINT STIPULATION AND [PROPOSED] ORDER

FO

mes Wa Judge Ja

re

R NIA

ERED O ORD D IT IS S DIFIE AS MO

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

principle with certain of the individually named Defendants to settle the claims in the Action; WHEREAS, Lead Plaintiff and certain parties and insurance carriers have scheduled another in-person mediation session with Judge Phillips on October 14, 2009 to attempt to settle the claims against some or all of the remaining Individual Defendants prior to filing of an amended complaint; WHEREAS, settlement of some or all of the remaining claims will affect the facts and parties alleged in Lead Plaintiff's amended complaint or render an amended complaint, and motions to dismiss, wholly unnecessary, thereby reducing associated expenses of this litigation to all concerned; WHEREAS, in order to permit the parties to direct their efforts to reach a broader or even a global settlement, the parties respectfully request that the deadline for filing of Lead Plaintiff's amended complaint be extended for 14 days, to and including October 23, 2009, and that a date for hearing of motions to dismiss and a further Case Management Conference be established thereafter, in the event the action is not resolved; and WHEREAS, the parties agree to provide the Court with a status report no later than October 16, 2009 regarding progress toward a broader or global resolution; WHEREFORE, subject to the Court's approval, IT IS HEREBY STIPULATED AND AGREED: 1. The parties who have agreed to do so shall attend a scheduled mediation on

October 14, 2009. 2. If the parties are unable to reach a global settlement, Lead Plaintiff shall file an

amended complaint by October 23, 2009 unless otherwise ordered by the Court. 3. Defendants shall file their motions in response to Lead Plaintiff's amended

complaint within the time provided under the Local Rules and Federal Rules of Civil Procedure, unless hereafter otherwise ordered.

DB2/21366377.1

1
JOINT STIPULATION AND [PROPOSED] ORDER

C06-3445-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

4.

The Case Management Conference and hearing set for December 14, 2009 on

Defendants' motions in response to the amended complaint shall be taken off calendar and rescheduled when such motions, if any, are filed. SO STIPULATED. DATED: October 7, 2009 RESPECTFULLY SUBMITTED, MORGAN, LEWIS & BOCKIUS LLP 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, and Nominal Defendant KLA-Tencor Corporation I, Joseph E. Floren, am the ECF User whose ID and password are being used to file this JOINT STATUS STATEMENT. In compliance with General Order 45, X.B., I hereby attest that each of the signatories identified below has concurred in this filing.

DATED: October 7, 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)

DB2/21366377.1

2
JOINT STIPULATION AND [PROPOSED] ORDER

C06-3445-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DB2/21366377.1

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: October 7, 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

3
JOINT STIPULATION AND [PROPOSED] ORDER

C06-3445-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED: October 7, 2009

MORRISON & FOERSTER LLP CRAIG D. MARTIN DOROTHY L. FERNANDEZ By: /s/ Dorothy L. Fernandez

425 Market Street San Francisco, CA 94105-2482 Tel. [phone] Fax: [phone] Attorneys for Defendant John H. Kispert

DATED: October 7, 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: October 7, 2009

SHEARMAN & STERLING LLP PATRICK D. ROBBINS JEFFREY S. FACTER EMILY GRIFFEN JIYOUN CHUNG By: /s/ Jiyoun Chung

525 Market Street, Suite 1500 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Kenneth Levy
DB2/21366377.1

4
JOINT STIPULATION AND [PROPOSED] ORDER

C06-3445-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED: October 7, 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

DATED: October 7, 2009

HOGAN AND HARTSON LLP MICHAEL J. SHEPARD MEGAN DIXON By: /s/ Michael J. Shepard

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

DATED: October 7, 2009

MUNGER TOLLES & OLSON BRAD D. BRIAN JOSEPH D. LEE JAMES RAZA LAWRENCE By: /s/ Joseph D. Lee

355 South Grand Ave. Thirty-Fifth Floor Los Angeles, CA 90071 Phone: [phone] Attorneys for Defendant Stephen P. Kaufman

DB2/21366377.1

5
JOINT STIPULATION AND [PROPOSED] ORDER

C06-3445-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED: October 7, 2009

DLA PIPER US LLP SHIRLI FABBRI WEISS DAVID A. PRIEBE By: /s/ Shirli Fabbri Weiss

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

DATED: October 7, 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] AKIN GUMP STRAUSS HAUER & FELD LLP CHRISTOPHER D. KERCHER (pro hac vice) 590 Madison Avenue New York, NY 10022 Tel [phone] AKIN GUMP STRAUSS HAUER & FELD LLP STEVEN S. KAUFHOLD 580 California Street, 15th Floor San Francisco, CA 94104 Tel: [phone] Fax: [phone] Attorneys for Defendant Stuart J. Nichols

DB2/21366377.1

6
JOINT STIPULATION AND [PROPOSED] ORDER

C06-3445-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DB2/21366377.1

[PROPOSED] ORDER PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT: 1. The parties who have agreed to do so shall attend a scheduled mediation on

October 14, 2009. 2. If the parties are unable to reach a global settlement, Lead Plaintiff shall file an

amended complaint by October 23, 2009 unless otherwise ordered by the Court. 3. Defendants shall file their motions in response to Lead Plaintiff's amended

complaint within the time provided under the Local Rules and Federal Rules of Civil Procedure, unless hereafter otherwise ordered. 4. The Case Management Conference The hearing set for December 14, 2009 on and

Defendants' motions in response to the amended complaint is off calendar and will be rescheduled when such motions, if any, are filed. The Court will conduct a Case Management Conference on December 14, 2009 at IT IS SO ORDERED. 10 a.m. as______________, 2009On or before December 4, 2009, the parties shall file a previously scheduled. DATED: October 9, 2009 Hon. James Ware United States District Judge Joint Case Management Statement. The Statement shall include, among other things, an update on the parties' settlement efforts and the parties' proposed schedule re: anticipated Motions to Dismiss.

Dated: October 9, 2009

_____________________________ JAMES WARE United States District Judge

7
JOINT STIPULATION AND [PROPOSED] ORDER

C06-3445-JW