In re Atmel Corporation Derivative Litigation

Filing 186

STIPULATION AND ORDER re 185 Extending Defendants' Date to Respond to Complaint. Signed by Judge Jeremy Fogel on 1/5/09. (dlm, COURT STAFF) (Filed on 1/6/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 650.813.5600 Facsimile: 650.494.0792 DRains@mofo.com Attorneys for Defendants Francis Barton, Kris Chellam, Donald Colvin, Pierre Fougere, Norman T. Hall, B. Jeffrey Katz, Chaiho Kim, Jack Peckham, Bernard Pruniaux, Steven Schumann, T. Peter Thomas, Graham Turner, Tsung-Ching Wu And Nominal Defendant Atmel Corporation 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 EXTENDING DEFENDANTS' DATE TO RESPOND TO COMPLAINT Assigned to Judge Jeremy Fogel STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANTS' DATE TO RESPOND TO COMPLAINT, MASTER FILE NO. CV 06-4592 JF pa-1308107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 set for January 5, 2009; WHEREAS, the parties attempted to resolve this matter during two mediation sessions, held on October 24 and November 18, but were unable to reach a resolution; WHEREAS, Atmel and the individual defendants have requested an extension of time and the parties agree that, for the convenience of the parties and the Court, the aforementioned date 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 19, 2009. IT IS FURTHER STIPULATED AND AGREED by the parties through their respective counsel of record, that defendants' answer to plaintiffs' Verified Amended Consolidated Shareholder Complaint shall be deemed to answer the Verified Shareholder Derivative Complaint filed by Patrick McWeeny on February 2, 2008 ("McWeeny Complaint"), and defendants shall not be required to answer the McWeeny Complaint separately. Dated: December 29, 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, Jack Peckham, Bernard Pruniaux, David Sugushita, T. Peter Thomas, Graham Turner, And TsungChing Wu And Nominal Defendant Atmel Corporation STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANTS' DATE TO RESPOND TO COMPLAINT, MASTER FILE NO. CV 06-4592 JF pa-1308107 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December 29, 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: December 29, 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: 1/5/09 JEREMY FOGEL UNITED STATES DISTRICT COURT JUDGE STIPULATION AND [PROPOSED] ORDER EXTENDING DEFENDANTS' DATE TO RESPOND TO COMPLAINT, MASTER FILE NO. CV 06-4592 JF pa-1308107 2

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