In re Atmel Corporation Derivative Litigation

Filing 179

STIPULATION AND ORDER CONTINUING CMC AND DEFENDANTS' DATE TO RESPOND TO COMPLAINT (approving docket no. 178 ). Case Management Conference set for 1/9/2009 10:30 AM. Signed by Judge Jeremy Fogel on 10/29/08. (jflc2, COURT STAFF) (Filed on 10/29/2008)

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DARRYL P. RAINS (CA SBN 104802) KENNETH A. KUWAYTI (CA SBN 145384) BRIAN L. LEVINE (CA SBN 246726) MORRISON & FOERSTER LLP 755 Page Mill Road Palo Alto, California 94304-1018 Telephone: [phone] Facsimile: 650.494.0792 [e-mail] Attorneys for Defendants FRANCIS BARTON, KRIS CHELLAM, DONALD COLVIN, PIERRE FOUGERE, NORMAN T. HALL, B. JEFFREY KATZ, CHAIHO KIM, STEVE LAUB, JACK PECKHAM, BERNARD PRUNIAUX, STEVEN SCHUMANN, DAVID SUGUSHITA, T. PETER THOMAS, GRAHAM TURNER, TSUNG-CHING WU AND NOMINAL DEFENDANT ATMEL CORPORATION

**E-Filed 10/29/08**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re ATMEL CORPORATION DERIVATIVE LITIGATION _____________________________________ This Document Related To: All Actions Master File No. CV 06-4592-JF DERIVATIVE ACTION STIPULATION AND [PROPOSED] -----------------ORDER CONTINUING CMC AND DEFENDANTS' DATE TO RESPOND TO COMPLAINT Date: Time: Dept.: November 21, 2008 10:00 a.m. 3, 5th Floor

Assigned to Judge Jeremy Fogel

STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND DEFENDANTS' DATE TO RESPOND TO COMPLAINT, MASTER FILE NO. CV 06-4592 JF pa-1292005

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Plaintiffs and defendants, through their respective counsel, present the following stipulation to the Court for approval: WHEREAS, defendants' date to respond to plaintiffs' Verified Amended Consolidated Shareholder Derivative Complaint (the "Complaint") is currently due on or before December 4, 2008; WHEREAS, a Case Management Conference is currently scheduled for November 21, 2008 at 10:30 a.m.; WHEREAS, the parties had stipulated to these dates because they planned to participate in a mediation to occur on October 24, 2008; WHEREAS, the parties were unable to reach a resolution during the October 24, 2008 mediation, but agreed to continue the mediation on November 18, 2008; WHEREAS, the parties agree that, for the convenience of the parties and the Court, and so that the parties may focus on settlement efforts, the aforementioned dates should be extended. THEREFORE, IT IS STIPULATED AND AGREED by the parties through their respective counsel of record, that the defendants' date to respond to the Complaint shall be moved to January 5, 2009; and Case Management Conference shall be continued to January 9, 2009 at 10:30 a.m. or to another date convenient for the Court. Dated: October 28, 2008 MORRISON & FOERSTER LLP DARRYL P. RAINS KENNETH A. KUWAYTI BRIAN LEVINE

By:

/s/ Brian L. Levine Brian L. Levine

Attorneys for Defendants FRANCIS BARTON, KRIS CHELLAM, DONALD COLVIN, PIERRE FOUGERE, NORMAN T. HALL, JEFFREY B. KATZ, CHAIHO KIM, STEVE LAUB, JACK PECKHAM, BERNARD PRUNIAUX, STEVEN SCHUMANN, DAVID SUGUSHITA, T. PETER THOMAS, GRAHAM TURNER, AND TSUNG-CHING WU AND NOMINAL DEFENDANT ATMEL CORPORATION
STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND DEFENDANTS' DATE TO RESPOND TO COMPLAINT, MASTER FILE NO. CV 06-4592 JF pa-1292005

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Dated: October 28, 2008

SCHIFFRIN, BARROWAY TOPAZ & KESSLER, LLP ERIC L. ZAGAR NICHOLE BROWNING TARA KAO

By:

/s/ Nichole Browning Nichole Browning

Co-Lead Counsel for Plaintiffs Dated: October 28, 2008 WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP FRANCIS M. GREGOREK BETSY C. MANIFOLD FRANCIS A. BOTTINI, JR. RACHELE R. RICKERT MARISA C. LIVESAY

By:

/s/ Betsy C. Manifold Betsy C. Manifold

Co-Lead Counsel for Plaintiffs

I, Brian L. Levine, am the ECF User whose ID and password are being used to file this Stipulation. In compliance with General Order 45, X.B., I hereby attest that the parties have concurred in this filing.

ORDER Pursuant to the parties' stipulation, IT IS SO ORDERED.

Dated:

10/29/08 JEREMY FOGEL UNITED STATES DISTRICT COURT JUDGE

STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND DEFENDANTS' DATE TO RESPOND TO COMPLAINT, MASTER FILE NO. CV 06-4592 JF pa-1292005

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