In re KLA-Tencor Corp., Shareholder Derivative Litigation

Filing 641

STIPULATION AND ORDER Granting Proposed Settlement Schedule re #640 Stipulation.The parties shall file a signed Stipulation of Settlement and Joint Motion for Preliminary Approval of the settlement of this action, which shall be joined by all parties, on or before 3/15/2010. The Court will conduct a hearing on the Joint Motion for Preliminary Approval of Settlement, as previously scheduled, on 3/22/2010 at 09:00 AM. Signed by Judge James Ware on 3/12/2010. (ecg, COURT STAFF) (Filed on 3/12/2010)

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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 Nominal Defendant KLA-Tencor Corporation

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 OF ALL PARTIES AND [PROPOSED] ORDER REGARDING PROPOSED SETTLEMENT SCHEDULE

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C06-3445-JW JOINT STIPULATION AND [PROPOSED] ORDER

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WHEREAS, on January 15, 2010, Lead Plaintiff and Nominal Defendant KLA-Tencor Corporation ("KLA") filed a Status Report (Docket No. 584) advising the Court that agreements in principle had been reached to settle this action as to all but one of the Defendants; WHEREAS, on January 20, 2010, the Court entered an Order (Docket No. 585), directing the parties to exchange their proposed Settlement Agreement on or before February 22, 2010; to file their Joint Motion for Preliminary Approval along with a fully executed Settlement Agreement on or before March 8, 2010; and to appear before the Court for a hearing on the Joint Motion for Preliminary Approval of Settlement on March 22, 2010 at 9:00 a.m.; WHEREAS, on February 19, 2010, the Court entered an Order (Docket No. 596) reaffirming the foregoing schedule; directing the settling parties to provide their proposed Settlement Agreement to Defendant Kenneth Schroeder on February 22, 2010; and directing Defendant Kenneth Schroeder to file any objections to the proposed Settlement Agreement on or before March 8, 2010; WHEREAS, the settling parties exchanged their proposed Settlement Agreement and KLA provided a copy thereof to Defendant Kenneth Schroeder on February 22, 2010; WHEREAS, through continuing settlement discussions, an agreement in principle was reached to settle this action in its entirety as to all parties, including Defendant Kenneth Schroeder, on March 5, 2010; WHEREAS, in light of the newly proposed settlement of the entire action, no party intends to file objections to the settlement, and instead all parties will sign a proposed Settlement Agreement and will join in a motion for preliminary approval of the proposed settlement; WHEREAS, the parties are working on a new proposed global Settlement Agreement and preliminary approval papers that will now resolve the action as to all parties, and expect to complete this by March 12, 2010; and WHEREAS, all parties now propose to file a Joint Motion for Preliminary Approval of the settlement of this action on March 15, 2010, and request that the Court maintain the March 22, 2010 hearing date for preliminary approval of the proposed settlement,

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WHEREFORE, subject to the Court's approval, IT IS HEREBY STIPULATED AND AGREED BY ALL PARTIES TO THIS ACTION AS FOLLOWS: 1. The parties shall file a signed Stipulation of Settlement and Joint Motion for

Preliminary Approval of the settlement of this action, which shall be joined by all parties, on or before March 15, 2010. 2. The Court will conduct a hearing on the Joint Motion for Preliminary Approval of

Settlement, as previously scheduled, on March 22, 2010 at 9:00 a.m. SO STIPULATED. DATED: March 8, 2010 RESPECTFULLY SUBMITTED, MORGAN, LEWIS & BOCKIUS LLP By: /s/___ Joseph E. Floren Attorneys for Nominal Defendant KLA-Tencor Corporation I, Joseph E. Floren, am the ECF User whose ID and password are being used to file this JOINT STIPULATION AND [PROPOSED] ORDER. In compliance with General Order 45, X.B., I hereby attest that each of the signatories identified below has concurred in this filing. DATED: March 8, 2010 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DARREN J. ROBBINS TRAVIS E. DOWNS III SHAWN A. WILLIAMS CHRISTOPHER WOOD By: /s/ Shawn A. Williams Lead Counsel for Plaintiffs

DATED: March 8, 2010

DLA PIPER US LLP SHIRLI FABBRI WEISS DAVID A. PRIEBE By: /s/ Shirli Fabbri Weiss Attorneys for Defendant Kenneth L. Schroeder

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DATED: March 8, 2010

FENWICK & WEST LLP KEVIN P. MUCK DEAN S. KRISTY By: /s/ Kevin P. Muck Attorneys for Defendants Edward W. Barnholt, H. Raymond Bingham, Robert J. Boehlke, Robert T. Bond, Leo Chamberlain, Richard J. Elkus, Jr., Jeffrey Hall, Lida Urbanek, and Richard Wallace

DATED: March 8, 2010

MORRISON & FOERSTER LLP CRAIG D. MARTIN DOROTHY L. FERNANDEZ By: /s/ Dorothy L. Fernandez Attorneys for Defendant John H. Kispert

DATED: March 8, 2010

ORRICK, HERRINGTON & SUTCLIFFE LLP WALTER F. BROWN, JR. ROBERT P. VARIAN By: /s/ Robert P. Varian Attorneys for Defendant Gary Dickerson

DATED: March 8, 2010

SHEARMAN & STERLING LLP PATRICK D. ROBBINS JEFFREY S. FACTER EMILY GRIFFEN By: /s/ Patrick D. Robbins Attorneys for Defendant Kenneth Levy

DATED: March 8, 2010

HOGAN AND HARTSON LLP MICHAEL J. SHEPARD MEGAN DIXON By: /s/ Megan Dixon Attorneys for Defendant Jon D. Tompkins

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DATED: March 8, 2010

MUNGER TOLLES & OLSON BRAD D. BRIAN JOSEPH D. LEE JAMES RAZA LAWRENCE By: /s/ Joseph D. Lee Attorneys for Defendant Stephen P. Kaufman

DATED: March 8, 2010

LAW OFFICE OF MARK A. BELNICK, LLC MARK A. BELNICK (admitted pro hac vice) AKIN GUMP STRAUSS HAUER & FELD LLP CHRISTOPHER D. KERCHER (pro hac vice) STEVEN S. KAUFHOLD By: /s/ Mark A. Belnick Attorneys for Defendant Stuart J. Nichols

DATED: March 8, 2010

RAMSEY & EHRLICH LLP ISMAIL RAMSEY MILES F. EHRLICH By: /s/ Ismail Ramsey Attorneys for Defendant Arthur Schnitzer

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[PROPOSED] ORDER PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED THAT: 1. The parties shall file a signed Stipulation of Settlement and Joint Motion for

Preliminary Approval of the settlement of this action, which shall be joined by all parties, on or before March 15, 2010. 2. The Court will conduct a hearing on the Joint Motion for Preliminary Approval of

Settlement, as previously scheduled, on March 22, 2010 at 9:00 a.m.

IT IS SO ORDERED.
March 12, DATED: ______________, 2010

Hon. James Ware United States District Judge

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