Wu v. Stitt et al

Filing 119

ORDER vacating hearing on 114 MOTION to Stay and setting briefing schedule for 112 MOTION for Reconsideration. Signed by Judge Whyte on 12/30/09. (rmwlc2, COURT STAFF) (Filed on 12/30/2009)

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER VACATING HEARING AND SETTING RECONSIDERATION--No. C-07-02268 RMW CCL BRIEFING SCHEDULE FOR DEFENDANT'S MOTION FOR E-FILED on 12/30/09 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION In re EXTREME NETWORKS, INC. SHAREHOLDER DERIVATIVE LITIGATION No. C-07-02268 RMW ORDER VACATING HEARING AND SETTING BRIEFING SCHEDULE FOR DEFENDANT'S MOTION FOR RECONSIDERATION [Re Docket No. 112, 114] This Document Relates To: ALL ACTIONS On November 17, 2009, the court issued an order denying nominal defendant Extreme Networks, Inc. ("Extreme")'s motion to strike and motion to dismiss. On December 3, 2009, Extreme filed a notice of motion and motion: (1) for leave to file motion for reconsideration of the November 17, 2009 order denying nominal defendant's motion to strike and motion to dismiss; or in the alternative, (2) for stay of action and certification of appeal under 28 U.S.C. 1292(b). On the same day, Extreme noticed a hearing on the motion for a stay and for certification of appeal on January 8, 2010. The court hereby vacates the hearing on the motion for a stay and for certification 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of appeal and grants Extreme leave to file a motion for reconsideration. The court sets the following briefing schedule on the motion for reconsideration: January 15, 2010: Opposition due January 22, 2010: Reply due After reviewing the papers, the court will determine whether a hearing on the motion for reconsideration is necessary. If the motion for reconsideration is denied, the court will then determine whether to grant a stay of action and certification of appeal. DATED: 12/30/09 RONALD M. WHYTE United States District Judge ORDER VACATING HEARING AND SETTING RECONSIDERATION--No. C-07-02268 RMW CCL BRIEFING SCHEDULE FOR DEFENDANT'S MOTION FOR 2 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of this document has been electronically sent to: Counsel for PlaintiffS: Alan R Plutzik Emanuel Shachmurove Eric L. Zagar Lawrence Timothy Fisher Robert Bramson Aelish Marie Baig Shawn A. Williams Frank James Johnson Lucas F. Olts Counsel for Defendants: John Henry Hemann Jonathan DeGooyer Joseph Edward Floren Laura Alexis Lee jhemann@morganlewis.com jdegooyer@morganlewis.com jfloren@morganlewis.com llee@morganlewis.com aplutzik@bramsonplutzik.com mshachmurove@sbtklaw.com ezagar@btkmc.com ltfisher@bramsonplutzik.com rbramson@bramsonplutzik.com AelishB@csgrr.com shawnw@csgrr.com frankj@johnsonbottini.com Lolts@csgrr.com Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. Dated: 12/30/09 CCL Chambers of Judge Whyte ORDER VACATING HEARING AND SETTING RECONSIDERATION--No. C-07-02268 RMW CCL BRIEFING SCHEDULE FOR DEFENDANT'S MOTION FOR 3

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