In re KLA-Tencor Corp., Shareholder Derivative Litigation

Filing 579

ORDER AS MODIFIED BY THE COURT Extending the Date for Filing an Amended Complaint; Continuing Status Conference re #578 Status Report, #577 Clerks Notice. Amended complaint due 12/22/2009. Joint Status Statement due 1/15/2010. Status Conference set for 1/25/2010 10:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 12/9/2009. (ecg, COURT STAFF) (Filed on 12/9/2009)

8 9 10 11 12 13 14 15 In re KLA-TENCOR CORP. SHAREHOLDER DERIVATIVE 16 LITIGATION 17 18 19 20 21 22 23 24 25 26 27 28 This Document Relates To: ALL ACTIONS. ) ) ) ) ) ) ) ) )

ER

N

F D IS T IC T O R

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

No. C-06-03445-JW PLAINTIFF AND KLA-TENCOR CORP.'S FOURTH STATUS REPORT REGARDING SETTLEMENT AND [PROPOSED] ORDER FURTHER EXTENDING THE DATE FOR FILING AN AMENDED COMPLAINT

PLTF AND KLA-TENCOR CORP.'S 4TH STATUS RPT RE SETTLEMENT & [PROPOSED] ORDER FURTHER EXTENDING THE DATE FOR FILING AN AMENDED COMPLAINT - C-06-03445-JW

A

C

LI

7 Attorneys for Defendant KLA-Tencor Corporation

FO

1 JOSEPH E. FLOREN (SBN 168292) JOHN H. HEMANN (SBN 165823) 2 MATTHEW S. WEILER (SBN 236052) MORGAN, LEWIS & BOCKIUS LLP 3 One Market, Spear Street Tower San Francisco, CA 94105-1126 4 Tel: [phone] Fax: [phone] E-mail: [e-mail] [e-mail] 6 [e-mail]

UNIT ED

S

S DISTRICT TE C TA

mes Wa Judge Ja

re

R NIA

DERED SO OR ED IT IS DIFI AS MO

RT U O

NO

RT

H

1

Pursuant to the Court's November 23, 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 Fourth Status Report Regarding Settlement 4 and [Proposed] Order Further Extending the Date for Filing an Amended Complaint. 5 As previously reported, on October 16, 2009, Lead Plaintiff, KLA, insurance carriers and

6 certain of the individual defendants participated in a 14-hour mediation session with Hon. Layn 7 Phillips (ret.) in New York, which led to an initial mediator's recommendation and requested 8 acceptance date of October 27, 2009. Although Judge Phillips' initially proposed resolution was not 9 agreed to by all parties, it served to substantially narrow the issues in dispute between the remaining 10 parties. 11 Since then, the parties have engaged in further discussions and additional agreements in

12 principle have been reached with respect to certain aspects of a potential settlement of this action. 13 Judge Phillips conducted further mediation sessions with certain of the parties and principals on 14 November 19, 2009. Through that session and continued discussion since then certain of the parties 15 have reached additional agreements in principle. Lead Plaintiff and KLA-Tencor have exchanged 16 and are discussing proposed documentation that would, if accepted by all parties and approved by 17 the Court, accomplish the settlement of claims as to most of the defendants, and discussions are 18 continuing as to whether the remaining claims can be settled. Judge Phillips has requested that the 19 parties continue to maintain the status quo and that the parties continue their discussions in a further 20 concerted effort to reach agreement. 21 Accordingly, KLA-Tencor and Lead Plaintiff respectfully request an extension of the

22 deadline for the filing of lead plaintiff's amended complaint to December 22, 2009 and additionally 23 request that the status conference currently scheduled for December 14, 2009 be held on 24 December 21, 2009, and that a further status report be submitted to the Court on January 4, 2010. 25 Judge Philips has indicated that he is available to discuss this matter further with the Court, should 26 the Court so desire. 27 /// 28 ///
PLTF AND KLA-TENCOR CORP.'S 4TH STATUS RPT RE SETTLEMENT & [PROPOSED] ORDER FURTHER EXTENDING THE DATE FOR FILING AN AMENDED COMPLAINT - C-06-03445-JW DB2/21462879.1

-1-

1 DATED: December 8, 2009 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DATED: December 8, 2009

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) 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 Plaintiff and KLA-Tencor Corp.'s Status Report Regarding Settlement and [Proposed] Order Further 24 Extending the Date for Filing an Amended Complaint. In compliance with General Order 45, X.B., I hereby attest that Shawn Williams has concurred in this filing. 25 26 DATED: December 8, 2009 27 28
PLTF AND KLA-TENCOR CORP.'S 4TH STATUS RPT RE SETTLEMENT & [PROPOSED] ORDER FURTHER EXTENDING THE DATE FOR FILING AN AMENDED COMPLAINT - C-06-03445-JW DB2/21462879.1

/s/ Joseph E. Floren JOSEPH E. FLOREN

-2-

1 2 3

*

* ORDER

*

The deadline for filing of Lead Plaintiff's amended complaint shall be extended until

4 December 22, 2009 . the status conference shall be rescheduled for December 21, 2009, with an and In status report due on January 4, 2010. 5 additional light of the parties' settlement efforts, the Court continues the December 21, 2009 6 Status Conference to January 25, 2010 at 10 a.m. On or before January 15, 2010, the parties 7 DATED: ______________________ shall file a Joint Status Statement. The Statement shall update the JAMES WARE THE HONORABLE Court on the parties' 8 UNITED STATES DISTRICT JUDGE settlement efforts. If no settlement is achieved by January 15, 2010, in their Joint Statement, 9 the parties shall provide proposed schedules to advance this 2006 case. 10 11 12 Dated: December 9, 2009 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PLTF AND KLA-TENCOR CORP.'S 4TH STATUS RPT RE SETTLEMENT & [PROPOSED] ORDER FURTHER EXTENDING THE DATE FOR FILING AN AMENDED COMPLAINT - C-06-03445-JW DB2/21462879.1

___________________________ JAMES WARE United States District Judge

-3-