In re Silicon Storage Technology, Inc. Derivative Litigation

Filing 124

STIPULATION AND ORDER FOR FILING AMENDED COMPLAINT AND MOTION TO DISMISS BRIEFING SCHEDULE (approving 123 ). Motion Hearing set for 12/4/2009 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 7/17/2009. (jflc2, COURT STAFF) (Filed on 7/17/2009)

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FRANCIS M. GREGOREK (144785) [e-mail] m BETSY C. MANIFOLD (182450) manifo [e-mail] m RACHELE R. RICKERT (190634) [e-mail] m WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP Symphony Tower 750 B Street, Suite 2770 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP NICHOLE BROWNING (251937) [e-mail] 580 California Street, Suite 1750 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Lead Plaintiffs [Addit ional Counsel Appear On Signature Page]

**E-Filed 7/17/2009**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA In re SILICON STORAGE TECHNOLOGY, INC., DERIVATIVE LITIGATION Master File No. C 06-04310 JF STIPULATION AND ------------------[PROPOSED] ORDER FOR FILING AMENDED COMPLAINT AND MOTION TO DISMISS BRIEFING SCHEDULE Trial Date: None

_____________________________________ This Document Relates To: ALL ACTIONS.

STIPULATION AND [PROPOSED] ORDER FOR FILING AMENDED COMPLAINT AND MOTION TO DISMISS BRIEFING SCHEDULE MASTER FILE NO. C 06-04310 JF

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WHEREAS, on July 7, 2009, this Court issued an order granting the Director Defendants' Motions to Dismiss with respect to the federal claims and allowing Lead Plaintiffs leave to amend the Second Verified Consolidated Amended Shareholder Derivative Complaint; WHEREAS, Lead Plaintiffs have requested and Defendants have consented to allow Lead Plaintiffs additional time to file a Third Verified Consolidated Amended Shareholder Derivative Complaint ("Amended Complaint"); WHEREAS, a Case Management Conference has been set for November 6, 2009; WHEREAS, subject to the Court's approval, the parties stipulate as follows: 1) 2) Lead Plaintiffs shall file an Amended Complaint by August 21, 2009; Defendants shall move to dismiss, or otherwise respond to, Lead Plaintiffs'

Amended Complaint by September 24, 2009; 3) Lead Plaintiffs shall file any opposition to Defendants' motion(s) to dismiss by

October 28, 2009; 4) If Defendants file and serve a reply to Lead Plaintiffs' opposition, they will do so by

November 16, 2009; 5) The hearing on Defendants' Motions to Dismiss or other responsive pleading and

Case Management Conference shall be set for December 4, 2009 or other day as ordered by the

By executing this Stipulation, the parties have not waived and expressly retain all claims, defenses and arguments whether procedural, substantive or otherwise. This Stipulation is without prejudice to any subsequent motion to stay this action, or any objections or defenses thereto, and this Order is entered without prejudice to the rights of any party to apply for a modification of this Order. IT IS SO STIPULATED. DATED: July 16, 2009 Respect fully Submitted, BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP NICHOLE BROWNING

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION TO DISMISS HEARING AND CASE MANAGEMENT CONFERENCE MASTER FILE NO. C 06-04310 JF

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/S/ Nichole Browning 580 California Street, Suite 1750 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP ERIC L. ZAGAR JAMES H. MILLER 280 King of Prussia Road Radnor, PA 19087 Telephone: [phone] Facsimile: [phone] WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP FRANCIS M. GREGOREK BETSY C. MANIFOLD RACHELE R. RICKERT Symphony Towers 750 B Street, Suite 2770 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Attorneys for Lead Plaintiffs DATED: July 16, 2009 COOLEY GODWARD LLP JOHN DWYER /S/ William Freeman WILLIAM FREEMAN Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306-2155 Telephones: 650-843-5000 Facsimile: 650-857-0663 Attorneys for Nominal Defendant, Silicon Storage Technology, Inc. DATED: July 16, 2009 MCDERMOTT, WILL & EMERY LLP /S/ Matthew J. Jacobs MATTHEW J. JACOBS

Attorneys for Director Defendants DATED: July 16, 2009 HOGAN & HARTSON LLP /S/ Howard S. Caro HOWARD S. CARO Attorneys for Officer Defendants

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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Nichole T. Browning, attest that concurrence in the filing of this document has been obtained from the other signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 16th day of July, 2009, at San Francisco, California. /S/ Nichole Browning NICHOLE BROWNING * * ORDER PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN HEREIN, IT IS SO ORDERED. July 17, 2009 Judge of the U.S. District Court Honorable Jeremy Fogel *

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION TO DISMISS HEARING AND CASE MANAGEMENT CONFERENCE MASTER FILE NO. C 06-04310 JF

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CERTIFICATE OF SERVICE I hereby certify that on July 16, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on July 16, 2009. /S/ Nichole Browning NICHOLE BROWNING BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP 580 California Street, Suite 1750 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone]

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION TO DISMISS HEARING AND CASE MANAGEMENT CONFERENCE MASTER FILE NO. C 06-04310 JF

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Mailing Information for a Case 5:06-cv-04310-JF
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The following are those who are currently on the list to receive e-mail notices for this case. Norman J. Blears

[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],kwong @hhlaw.com Nichole T. Browning

[e-mail] Jessica Lee Canepa

[e-mail],[e-mail] Howard S. Caro

[e-mail] , e s v a n b o u r g @ h h l a w . c o m , m d e w e r s @ h h l a w . c o m , k w o n g @ h h l a w . c o m Angela Lucille Dunning

[e-mail] Kristi Kaye Elder

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