In re KLA-Tencor Corp., Shareholder Derivative Litigation

Filing 582

STIPULATION AND ORDER AS MODIFIED BY THE COURT for Preliminary Approval Hearing Date re #580 Status Report. Deadline to File Joint Case Management Conference statement by 1/15/2010. Case Management Conference set for 1/25/2010 at 10:00 AM in Courtroom 8, 4th Floor, San Jose before. Signed by Judge James Ware on 1/12/2010. (ecg, COURT STAFF) (Filed on 1/12/2010)

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 ) FIFTH STATUS REPORT REGARDING ) SETTLEMENT, REQUEST FOR 18 This Document Relates To: ) PRELIMINARY APPROVAL HEARING ) DATE AND [PROPOSED] ORDER 19 ALL ACTIONS. ) 20 21 22 23 24 25 26 27 28

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1/12/2010

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DERED SO OR ED IT IS DIFI AS MO

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Pursuant to the Court's December 9, 2009 stipulation and order extending the date for filing

2 an amended complaint, lead plaintiff and nominal defendant KLA-Tencor Corporation ("KLA") 3 hereby submit this Fifth Status Report Regarding Settlement, Request for Preliminary Approval 4 Hearing Date and [Proposed] Order. 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' initial 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, Judge Phillips and the parties have conducted further settlement negotiations,

12 including a formal mediation session with certain parties and principals on November 19, 2009, and 13 several telephonic settlement conferences and discussions. As a result of these active and extensive 14 settlement efforts, additional agreements in principle have been reached with respect to certain 15 aspects of a potential settlement of this action between lead plaintiff, KLA and certain other parties. 16 Discussions are continuing as to whether the remaining claims can be settled. 17 Lead plaintiff and KLA have exchanged and are discussing proposed documentation that

18 would, if accepted by all parties and approved by the Court, accomplish the settlement of claims as 19 to most of the defendants. As such, lead plaintiff and KLA currently anticipate being in a position to 20 seek preliminary approval of the proposed settlement of the claims as to most of the defendants in 21 January 2010. To facilitate these efforts, Judge Phillips has requested that the parties continue to 22 maintain the status quo and that the parties continue their discussions in an effort to reach a complete 23 resolution of the action. 24 Accordingly, KLA and lead plaintiff respectfully request: (i) an extension of the deadline for

25 the filing of lead plaintiff's amended complaint to January 29, 2010; and (ii) that a portion of the 26 Case Management Conference currently scheduled on January 25, 2010, be set aside for 27 consideration of whether preliminary approval of the proposed settlement should be granted. Judge 28 Philips has indicated that he is available to discuss this matter further with the Court, should the
PLAINTIFF & KLA-TENCOR CORP.'S 5TH STATUS REPORT RE SETTLEMENT, REQUEST FOR PRELIMINARY APPROVAL HEARING DATE AND [PROPOSED] ORDER - C-06-03445-JW

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1 Court so desire. 2 DATED: December 21, 2009 3 4 5 6 7 8 9 10 11 12 13 14 15 DATED: December 21, 2009 16 17 18 19 20 21 22 23 /s/ JOSEPH E. FLOREN Spear Street Tower One Market Plaza, 23rd Floor San Francisco, CA 94105 Telephone: [phone] (fax) Attorneys for KLA-Tencor Corp. /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 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS CHRISTOPHER M. WOOD

I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this 24 Plaintiff and KLA-Tencor Corp.'s Fifth Status Report Regarding Settlement Request for Preliminary Approval Hearing Date and [Proposed] Order. In compliance with General Order 45, X.B., I hereby 25 attest that Joseph E. Floren has concurred in this filing. 26 DATED: December 21, 2009 27 28
PLAINTIFF & KLA-TENCOR CORP.'S 5TH STATUS REPORT RE SETTLEMENT, REQUEST FOR PRELIMINARY APPROVAL HEARING DATE AND [PROPOSED] ORDER - C-06-03445-JW

/s/ Shawn A. Williams SHAWN A. WILLIAMS

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1 2 3

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* ORDER

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The deadline for filing of lead plaintiff's amended complaint shall be extended until January

4 29, 2010. At the Case Management Conference currently scheduled on January 25, 2010, the Court 5 will also take up consideration of whether preliminary approval of the proposed settlement should be 6 granted.
The parties shall file a joint statement on or before January 15, 2010.

January 12, 2010 7 DATED: _________________________

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
S:\CasesSD\KLA-Tencor Derivative\secy\STIP00063691-5th.doc

THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE

PLAINTIFF & KLA-TENCOR CORP.'S 5TH STATUS REPORT RE SETTLEMENT, REQUEST FOR PRELIMINARY APPROVAL HEARING DATE AND [PROPOSED] ORDER - C-06-03445-JW

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CERTIFICATE OF SERVICE I hereby certify that on December 21, 2009, I electronically filed the foregoing with the Clerk

3 of the Court using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have 5 mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF 6 participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on December 21, 2009. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Shawn A. Williams SHAWN A. WILLIAMS COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: [phone] (fax) E-mail: [e-mail]

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Mailing Information for a Case 1:09-ml-06000-SEB-DML
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case. Ashar Ahmed COUGHLIN STOIA GELLER RUDMAN & ROBBINS, LLP [e-mail],[e-mail]
Sayad

Thomas Albaugh BAKER & DANIELS - Indianapolis [e-mail],[e-mail]
Matthew

M. Baisinger MORGAN LEWIS & BOCKIUS LLP [e-mail]
Jill

Brooks COUGHLIN STOIA GELLER RUDMAN & ROBBINS, LLP [e-mail],[e-mail]
Luke

S. Brown MORGAN LEWIS & BOCKIUS LLP [e-mail]
Troy

Ciarlanto THE WEISER LAW FIRM, PC [e-mail]
Jeffrey

D. Gilchrist COHEN & MALAD LLP [e-mail],[e-mail]
Scott

H. Ham , III BAKER & DANIELS - Indianapolis [e-mail],[e-mail]
James

B. Levin COHEN & MALAD LLP [e-mail],[e-mail]
Irwin

James McKenna GAINEY & MCKENNA [e-mail],[e-mail]
Thomas

T. Ortelere MORGAN LEWIS & BOCKIUS LLP [e-mail]
Brian

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Pieslak Pohlmann MORGAN LEWIS & BOCKIUS LLP [e-mail]
Karen

E. Radcliffe COUGHLIN STOIA GELLER RUDMAN & ROBBINS, LLP [e-mail],[e-mail]
Willow

E. Shevitz COHEN & MALAD LLP [e-mail],[e-mail]
Richard

J. Sonnenfeld MORGAN LEWIS & BOCKIUS LLP [e-mail]
Marc

D. Stecker THE WEISER LAW FIRM, PC [e-mail]
Brett

J. Torres MORGAN, LEWIS & BOCKIUS LLP [e-mail],[e-mail]
Simon

Aa Weals MORGAN LEWIS & BOCKIUS, LLP - Was/DC [e-mail],[e-mail],[e-mail]
Christopher

B. Weiser THE WEISER LAW FIRM, PC [e-mail]
Robert

A. Wolfla BAKER & DANIELS - Indianapolis [e-mail],[e-mail]
Paul

Manual Notice List
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