In re KLA-Tencor Corp., Shareholder Derivative Litigation

Filing 562

STIPULATION AND ORDER EXTENDING THE DATE FOR FILING AN AMENDED COMPLAINT re #561 Status Report. Amended Complaint due 11/2/2009. Signed by Judge James Ware on 10/22/2009. (ecg, COURT STAFF) (Filed on 10/22/2009)

1 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 2 SHAWN A. WILLIAMS (213113) CHRISTOPHER M. WOOD (254908) 3 100 Pine Street, Suite 2600 San Francisco, CA 94111 4 Telephone: [phone] (fax) 5 [e-mail] [e-mail] 6 ­ and ­ TRAVIS E. DOWNS III (148274) 7 BENNY C. GOODMAN III (211302) LUCAS F. OLTS (234843) 8 655 West Broadway, Suite 1900 San Diego, CA 92101 9 Telephone: [phone] (fax) 10 [e-mail] [e-mail] 11 [e-mail] 12 Lead Counsel for Plaintiffs 13 14 15

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

16 In re KLA-TENCOR CORP. SHAREHOLDER ) No. C-06-03445-JW DERIVATIVE LITIGATION ) ) PLAINTIFF AND KLA-TENCOR CORP.'S 17 ) STATUS REPORT REGARDING ) OCTOBER 14, 2009 MEDIATION AND 18 This Document Relates To: ) [PROPOSED] ORDER FURTHER ) EXTENDING THE DATE FOR FILING AN 19 ALL ACTIONS. ) AMENDED COMPLAINT 20 21 22 23 24 25 26 27 28

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Pursuant to the Court's October 9, 2009 Joint Stipulation and Order to Continue Dates for

2 Filing of Lead Plaintiff's Amended Complaint and Motion Hearing (the "Stipulated Order"), 3 Plaintiff and KLA-Tencor Corp. ("KLA") hereby submit this Status Report Regarding October 14, 4 2009 Mediation and [Proposed] Order Further Extending the Date for Filing an Amended 5 Complaint. 6 As discussed in the Stipulated Order, on October 14, 2009, plaintiff, nominal party KLA,

7 insurance carriers and certain of the individual defendants who have not reached an agreement in 8 principle to settle the claims alleged in the above-referenced case, participated in a 14-hour 9 mediation session with Hon. Layn Phillips (ret.) in New York. The parties made significant progress 10 sufficient for Judge Phillips to issue a mediator's proposal for the resolution of the entire action on 11 October 16, 2009. Judge Phillips set a date for responses to the mediator's proposal for October 27, 12 2009, and asked that the parties reserve all responses until that date. October 27, 2009 is four days 13 after the date on which plaintiffs' amended complaint is currently due. 14 Therefore, in order to maintain the status quo while the parties consider Judge Phillips'

15 proposal, KLA and plaintiffs respectfully request that the Court issue an order extending the deadline 16 for filing of lead plaintiff's amended complaint for 10 days, until November 2, 2009, while 17 maintaining the remainder of the deadlines set forth in the Stipulated Order. We will provide the 18 Court with an update no later than October 30, 2009. 19 DATED: October 16, 2009 20 21 22 23 24 25 26 27 28
PLTF AND KLA-TENCOR'S STATUS REPORT RE 10/14/09 MEDIATION & PROPOSED ORDER FURTHER EXTENDING DATE FOR FILING AN AMENDED COMPLAINT - C-06-03445-JW

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS CHRISTOPHER M. WOOD

s/ Shawn A. Williams SHAWN A. WILLIAMS 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone] (fax)

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1 2 3 4 5 6 Lead Counsel for Plaintiffs 7 8 DATED: October 16, 2009 9 10 11 12 13 14 15 16 17 I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this 18 Plaintiff and KLA-Tencor Corp.'s Status Report Regarding October 14, 2009 Mediation and [Proposed] Order Further Extending the Date for Filing an Amended Complaint. In compliance with 19 General Order 45, X.B., I hereby attest that Joseph E. Floren has concurred in this filing. 20 DATED: October 16, 2009 21 22 23 24 25 26 * * ORDER * s/ Shawn A. Williams SHAWN A. WILLIAMS s/ Joseph E. Floren JOSEPH E. FLOREN Spear Street Tower One Market Plaza, 23rd Floor San Francisco, CA 94105 Telephone: [phone] (fax) Attorneys for KLA-Tencor Corp. MORGAN, LEWIS & BOCKIUS LLP JOSEPH E. FLOREN JOHN H. HEMANN THOMAS R. GREEN COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP TRAVIS E. DOWNS III BENNY C. GOODMAN III LUCAS F. OLTS 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: [phone] (fax)

IT IS SO ORDERED. The deadline for filing of lead plaintiff's amended complaint shall be extended for 10 days,

until November 2, 2009, while the remainder of the deadlines set forth in the Joint Stipulation and Dated: October 22, 2009 _________________________ Order to Continue Dates for Filing of Lead Plaintiff'sWARE JAMES Amended Complaint and Motion Hearing 27 United States District Judge dated October 9, 2009 shall remain unchanged. 28
PLTF AND KLA-TENCOR'S STATUS REPORT RE 10/14/09 MEDIATION & PROPOSED ORDER FURTHER EXTENDING DATE FOR FILING AN AMENDED COMPLAINT - C-06-03445-JW

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