In re Silicon Storage Technology, Inc. Derivative Litigation

Filing 145

STIPULATION AND ORDER FOR MOTION TO DISMISS BRIEFING SCHEDULE (approving 144 ). The Motion Hearing and Case Management Conference set for 2/5/2010 are CONTINUED to 4/30/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 1/14/2010. (jflc2, COURT STAFF) (Filed on 1/20/2010)

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BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP NICHOLE BROWNING (251937) [e-mail] 580 California Street, Suite 1750 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP FRANCIS M. GREGOREK (144785) [e-mail] BETSY C. MANIFOLD (182450) [e-mail] RACHELE R. RICKERT (190634) [e-mail] Symphony Towers 750 B Street, Suite 2770 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Co-Lead Counsel for Lead Plaintiffs [Additional counsel appear on signature page]

**E-Filed 1/20/2010**

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

_____________________________________ This Document Relates To: ALL ACTIONS.

STIPULATION AND [PROPOSED] ORDER FOR MOTION TO DISMISS BRIEFING SCHEDULE MASTER FILE NO. C 06-04310 JF
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WHEREAS, on August 21, 2009, Lead Plaintiffs filed a Third Verified Consolidated Amended Shareholder Derivative Complaint ("Amended Complaint"); WHEREAS, on September 24, 2009, Defendants moved to dismiss the Amended Complaint; WHEREAS, a Case Management Conference and hearing for Defendants' Motions to Dismiss has been set for February 5, 2010; WHEREAS, counsel for the parties are in the process of finalizing an agreement in principle that was reached with the assistance of the Honorable William J. Cahill (Ret.) that would resolve the litigation; WHEREAS, the parties anticipate they will be in a position to submit to the Court shortly a stipulation of settlement and motion for preliminary approval of the proposed settlement; and WHEREAS, all parties agree that in the interests of judicial economy, Defendants' Motions to Dismiss and the Court's Case Management Conference, both currently scheduled for hearing on February 5, 2010, should be continued. The parties hereby STIPULATE and AGREE, subject to Court approval, as follows: 1) 8, 2010; 2) If Defendants file and serve a reply to Lead Plaintiffs' opposition, they will do so by Lead Plaintiffs shall file an opposition to Defendants' Motions to Dismiss by April

April 16, 2010; and 3) The hearing on Defendants' Motions to Dismiss or other responsive pleading and

Case Management Conference shall be set for April 30, 2010 or another 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.

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IT IS SO STIPULATED. DATED: January 12, 2010 Respectfully Submitted, BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP /s/ Nichole Browning NICHOLE BROWNING 580 California Street, Suite 1750 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] -andERIC L. ZAGAR JAMES H. MILLER 280 King of Prussia Road Radnor, PA 19087 Telephone: [phone] Facsimile: [phone] WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP /s/ Betsy C. Manifold BETSY C. MANIFOLD FRANCIS M. GREGOREK RACHELE R. RICKERT Symphony Towers 750 B Street, Suite 2770 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] Co-Lead Counsel for Lead Plaintiffs

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DATED: January 12, 2010

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: January 12, 2010

MCDERMOTT, WILL & EMERY LLP /s/ Matthew J. Jacobs MATTHEW J. JACOBS Attorneys for Director Defendants Tsuyoshi Taira, Yasushi Chikagami, Ronald Chwang, Terry Nickerson, Bing Yeh and Yaw Wen Hu

DATED: January 12, 2010

HOGAN & HARTSON LLP /s/ Howard S. Caro HOWARD S. CARO Attorneys for Officer Defendant Jeffrey Garon

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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 12th day of January, 2010, at San Francisco, California. /s/ Nichole Browning NICHOLE BROWNING * * ORDER PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN HEREIN, IT IS SO ORDERED. 1/20/2010 Judge of the U.S. District Court Honorable Jeremy Fogel *

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CERTIFICATE OF SERVICE I hereby certify that on January 12, 2010, 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 January 12, 2010. /s/ Nichole Browning NICHOLE BROWNING BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP 580 California Street, Suite 1750 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone]

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Mailing Information for a Case 5:06-cv-04310-JF Electronic Mail Notice List 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] Nichole T. Browning [e-mail],[e-mail] Jessica Lee Canepa [e-mail],[e-mail] Howard S. Caro [e-mail],[e-mail],[e-mail],[e-mail] Angela Lucille Dunning [e-mail],[e-mail] Kristi Kaye Elder [e-mail],[e-mail] Lawrence Timothy Fisher [e-mail],[e-mail] William S. Freeman [e-mail],[e-mail] Matthew J. Jacobs [e-mail],[e-mail] Eugene S. Litvinoff [e-mail],[e-mail] Betsy Carol Manifold [e-mail] Alan R Plutzik [e-mail] Kathryn Anne Schofield [e-mail],[e-mail] Monique R. Sherman [e-mail] Eric L. Zagar [e-mail],[e-mail],[e-mail],[e-mail],da [e-mail]
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Manual Notice List The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.
(No manual recipients)

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