Wu v. Stitt et al

Filing 157

STIPULATION AND ORDER 156 to Continue Case Management Conference and Defer Pending Discovery Deadlines: Case Management Conference set for 10/15/2010 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 9/22/10. (jg, COURT STAFF) (Filed on 9/22/2010)

In re Extreme Networks, Inc. Shareholder Derivative Litigation

Doc. 157

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW

JOSEPH E. FLOREN (SBN 168292) JOHN H. HEMANN (SBN 165823) MATTHEW S. WEILER (SBN 236052) DANIEL M. MARKMAN (SBN 261551) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105 Telephone: [phone] Facsimile: 415.442.1001 E-mail: [e-mail] [e-mail] [e-mail] [e-mail] Attorneys for Nominal Defendant EXTREME NETWORKS, INC. [additional counsel on signature blocks

*E-FILED - 9/22/10*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION

In re EXTREME NETWORKS, INC. SHAREHOLDER DERIVATIVE LITIGATION This Document Relates To: ALL ACTIONS

Case No. C-07-02268-RMW STIPULATION AND [] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND DEFER PENDING DISCOVERY DEADLINES

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DB2/21903760.2

JOINT STIPULATION No. C-07-02268-RMW
Dockets.Justia.com

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW

STIPULATION WHEREAS, on September 3, 2010, a Case Management Conference was held and the Court agreed to set a further Case Management Conference for October 1, 2010 while the Parties engage in ongoing settlement discussions. WHEREAS, the Parties continue to engage in mediation efforts with the Honorable Layn R. Phillips (ret.) and have shared settlement proposals with the mediator; WHEREAS, Judge Phillips has been in communication with the Parties regarding settlement of the action; WHEREAS, Judge Phillips is currently engaged in a separate trial for approximately seven to ten day, and will be unable to attend to settlement discussions in the instant action until after the trial is completed; WHEREAS, the Parties continue to communicate regarding a possible resolution of this action through Judge Phillips and believe that further mediation is appropriate and would be productive; WHEREAS, in an effort to facilitate ongoing settlement discussions, the Parties have agreed to continue the Case Management Conference for two weeks until October 15, 2010; and WHEREAS, in an effort to facilitate ongoing settlement discussions, the Parties have agreed to hold all pending deadlines in abeyance until after the Case Management Conference is completed. IT IS THEREFORE STIPULATED AND AGREED, by and between the Parties to the above-captioned action, through their respective counsel, as follows: 1. 2010. 2. The Parties agree to hold all pending deadlines, including discovery deadlines, in The Parties agree to continue the Case Management Conference until October 15,

abeyance until after the Case Management Conference is completed. ///

DB2/21903760.2

JOINT STIPULATION

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No. C-07-02268-RMW

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

IT IS SO STIPULATED AND AGREED.

Dated September 21, 2010

ROBBINS GELLER RUDMAN & DOWD LLP By: _________/s/_________ SHAWN A. WILLIAMS CHRISTOPHER M. WOOD Attorneys for Plaintiff

Dated: September 21, 2010

MORGAN, LEWIS & BOCKIUS LLP By: ________/s/__________ JOSEPH E. FLOREN JOHN H. HEMANN Attorneys for Nominal Defendant EXTREME NETWORKS, INC.

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JOINT STIPULATION

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No. C-07-02268-RMW

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Joseph E. Floren, am the ECF User whose ID and password is being used to file this Joint Case Management Statement and Suggestion for Rescheduling of Case Management Conference. In compliance with General Order 45, X.B., I hereby attest that Shawn A. Williams has concurred in this filing. Executed on this 21st day of September 2010 at San Francisco, California.

MORGAN, LEWIS & BOCKIUS LLP

/s/ Joseph E. Floren JOSEPH E. FLOREN *** [] ORDER Pursuant to stipulation, IT IS SO ORDERED.

22 Dated: September __, 2010

The Honorable Ronald M. Whyte United States District Judge

DB2/21903760.2

JOINT STIPULATION

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No. C-07-02268-RMW