In re KLA-Tencor Corp., Shareholder Derivative Litigation

Filing 568

STIPULATION AND ORDER Further Extending the Date for Filing an Amended Complaint by 12/8/2009 re #565 Status Report. Signed by Judge James Ware on 11/23/2009. (ecg, COURT STAFF) (Filed on 11/23/2009)

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 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 ) 17 ) PLAINTIFF AND KLA-TENCOR CORP.'S ) THIRD STATUS REPORT REGARDING 18 This Document Relates To: ) SETTLEMENT AND [PROPOSED] ORDER ) FURTHER EXTENDING THE DATE FOR 19 ) FILING AN AMENDED COMPLAINT ALL ACTIONS. ) 20 21 22 23 24 25 26 27 28

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Pursuant to the Court's November 2, 2009 Stipulation and Order Extending the Date for

2 Filing an Amended Complaint (the "Stipulated Order"), Lead Plaintiff and Nominal Defendant 3 KLA-Tencor Corporation ("KLA") hereby submit this Third Status Report Regarding Settlement 4 and [Proposed] Order Further Extending the Date for Filing an Amended Complaint. 5 As previously reported, Lead Plaintiff, KLA, insurance carriers and certain of the individual

6 defendants participated in a 14-hour mediation session with Hon. Layn Phillips (ret.) in New York. 7 on October 16, 2009, leading to an initial mediator's recommendation and requested acceptance date 8 of October 27, 2009. Although Judge Phillips' initially proposed resolution was not agreed to by all 9 parties, it served to substantially narrow the issues in dispute between the remaining parties. 10 Since then, the parties have engaged in further discussions and additional agreements in

11 principle have been reached with respect to certain aspects of a potential settlement of this action. 12 Judge Phillips conducted further mediation sessions with certain of the parties and principals on 13 November 19, 2009, and based on discussions during and after those mediation sessions made a 14 further proposal that the parties are hopeful may provide a framework for resolution of the remaining 15 issues, and the parties anticipate that further progress will be made through continued discussions. 16 Judge Phillips has requested that the parties continue to maintain the status quo and that the parties 17 continue their discussions in a further concerted effort to reach agreement. 18 Accordingly, KLA-Tencor and Lead Plaintiff, after conferring with, and at the request of,

19 Judge Phillips, respectfully request an extension of the deadline for the filing of lead plaintiff's 20 amended complaint to December 8, 2009. Judge Philips has indicated that he is available to discuss 21 this matter further with the Court, should the Court so desire. 22 DATED: November 20, 2009 23 24 25 26 27 28 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS CHRISTOPHER M. WOOD

/s/ SHAWN A. WILLIAMS 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone] (fax)
PLTF AND KLA-TENCOR CORP.'S 3ND STATUS RPT RE SETTLEMENT & [PROPOSED] ORDER FURTHER EXTENDING THE DATE FOR FILING AN AMENDED COMPLAINT - C-06-03445-JW

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1 2 3 4 5 6 7 8 DATED: November 20, 2009 9 10 11 12 13 14 15 16

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) Lead Counsel for Plaintiffs MORGAN, LEWIS & BOCKIUS LLP JOSEPH E. FLOREN JOHN H. HEMANN

/s/ JOSEPH E. FLOREN Spear Street Tower One Market Plaza, 23rd Floor San Francisco, CA 94105 Telephone: [phone] (fax) Attorneys for KLA-Tencor Corp.

I, Joseph E. Floren, am the ECF User whose ID and password are being used to file this 17 Plaintiff and KLA-Tencor Corp.'s Status Report Regarding Settlement and [Proposed] Order Further Extending the Date for Filing an Amended Complaint. In compliance with General Order 45, X.B., I 18 hereby attest that Shawn Williams has concurred in this filing. 19 DATED: November 20, 2009 20 21 22 23 * * ORDER The deadline for filing of lead plaintiff's amended complaint shall be extended until * /s/ Joseph E. Floren JOSEPH E. FLOREN

24 December 8, 2009. 25 DATED: _________________________ November 23, 2009 26 27 28
PLTF AND KLA-TENCOR CORP.'S 3ND STATUS RPT RE SETTLEMENT & [PROPOSED] ORDER FURTHER EXTENDING THE DATE FOR FILING AN AMENDED COMPLAINT - C-06-03445-JW

THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE

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