Wu v. Stitt et al

Filing 65

STIPULATION AND ORDER 63 to Continue Case Management Conference. Signed by Judge Ronald M. Whyte on 2/6/08. (jg, COURT STAFF) (Filed on 2/6/2008)

In re Extreme Networks, Inc. Shareholder Derivative Litigation

Doc. 65

1 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 2 JOHN K. GRANT (169813) SHAWN A. WILLIAMS (213113) 3 MONIQUE C. WINKLER (213031) AELISH M. BAIG (201279) 4 100 Pine Street, Suite 2600 San Francisco, CA 94111 5 Telephone: [phone] (fax) 6 [e-mail] [e-mail] 7 [e-mail] [e-mail] 8 Lead Counsel for Plaintiffs 9 *E-FILED - 2/6/08* [Additional counsel appear on signature page.] 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN JOSE DIVISION 13 14 In re EXTREME NETWORKS, INC. SHAREHOLDER DERIVATIVE 15 LITIGATION 16 17 18 19 20 21 22 23 24 25 26 27 28 This Document Relates To: ALL ACTIONS. ) ) ) ) ) ) ) ) ) ) No. C-07-02268-RMW STIPULATION AND [] ORDER CONTINUING THE CASE MANAGEMENT CONFERENCE CURRENTLY SCHEDULED FOR FEBRUARY 8, 2008

Dockets.Justia.com

1

WHEREAS, Lead Plaintiff filed his First Amended Consolidated Complaint in this action on

2 October 11, 2007; 3 WHEREAS, Defendant Extreme Networks, Inc. ("Extreme") filed its Motion to Dismiss and

4 supporting papers on November 26, 2007, contending that Lead Plaintiff lacks standing to sue in this 5 derivative action and has not alleged facts showing that pre-litigation demand upon Extreme's Board 6 of Directors was excused as required under Federal Rules of Civil Procedure 23.1; 7 WHEREAS, Further to the Stipulation and Proposed Order filed by the parties on January 24,

8 2008, and not yet ruled upon by the Court, the parties have agreed that Lead Plaintiff shall no later 9 than February 25, 2008 file a Second Amended Consolidated Complaint, Defendants shall file and 10 serve an answer or motion attacking the Second Amended Consolidated Complaint no later than 11 April 10, 2008, and the hearing currently scheduled for March 14, 2008 is hereby VACATED; 12 THEREFORE, IT IS STIPULATED AND AGREED by Lead Plaintiff and Defendants,

13 through their respective counsel of record, and subject to the approval of the Court as follows: 14 15 SCHEDULE The Case Management Conference currently scheduled for February 8, 2008 is hereby

16 VACATED, to be rescheduled to such date that the Court hears defendants' motions to dismiss Lead 17 Plaintiff's Second Amended Consolidated Complaint. 18 IT IS SO STIPULATED.

19 DATED: February 1, 2008 20 21 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP JOHN K. GRANT 22 SHAWN A. WILLIAMS MONIQUE C. WINKLER 23 AELISH M. BAIG 24 25 /s Shawn A. Williams SHAWN A. WILLIAMS

26 100 Pine Street, Suite 2600 San Francisco, CA 94111 27 Telephone: [phone] (fax) 28
02268-RMW
STIPULATION AND [] ORDER CONTINUING THE CASE MANAGEMENT - C-07-

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1 2 3 4 5 6 7

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DARREN J. ROBBINS TRAVIS E. DOWNS III KATHLEEN A. HERKENHOFF JAMES I. JACONETTE BENNY C. GOODMAN III MARY LYNNE CALKINS 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] (fax)

8 Lead Counsel for Plaintiffs 9 MORGAN, LEWIS & BOCKIUS LLP JOHN H. HEMANN 10 JOSEPH E. FLOREN JONATHAN M. DEGOOYER 11 LAURA A. LEE 12 13 /s Joseph E. Floren JOSEPH E. FLOREN

14 One Market, Spear Street Tower San Francisco, CA 94105-1126 15 Telephone: [phone] (fax) 16 Attorneys for Nominal Defendant Extreme 17 Networks, Inc. 18 I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this 19 Stipulation and [Proposed] Order Continuing the Case Management Conference Currently 20 Scheduled for Febriary 8, 2008. In compliance with General Order 45, X.B., I hereby attest that 21 Joseph E. Floren of Morgan, Lewis & Bockius LLP has concurred in this filing. 22 23 24 25 * * ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. *

26 DATED: _________________________ 2/6/08 27 28
T:\CasesSF\Extreme Networks\STP00048819_cmc.doc

THE HONORABLE RONALD M. WHYTE UNITED STATES DISTRICT JUDGE

02268-RMW

STIPULATION AND [] ORDER CONTINUING THE CASE MANAGEMENT - C-07-

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1 2

CERTIFICATE OF SERVICE I hereby certify that on February 1, 2008, I electronically filed the foregoing with the Clerk

3 of the Court using the CM/ECF system which will send notification of such filing to the e-mail 4 addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have 5 mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF 6 participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on February 1, 2008. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s Shawn A. Williams SHAWN A. WILLIAMS COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: [phone] (fax) E-mail:[e-mail]

CAND-ECF

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Mailing Information for a Case 5:07-cv-02268-RMW
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case. Marie Baig [e-mail]
Aelish

Bramson [e-mail]
Robert

DeGooyer [e-mail],[e-mail]
Jonathan

Edward Floren [e-mail],[e-mail]
Joseph

Henry Hemann [e-mail],[e-mail]
John

Alexis Lee [e-mail]
Laura

R Plutzik [e-mail]
Alan

Roth Plutzik [e-mail]
Alan

Shachmurove [e-mail]
Emanuel

A. Williams [e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail],[e-mail]
Shawn

L. Zagar [e-mail],[e-mail],[e-mail],[e-mail]
Eric

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.
L Timothy Fisher Schiffrin Barroway Topaz & Kessler LLP 2125 Oak Grove Road Suite 102 Walnut Creek, Ca 94598 Eric Lechtzin Schiffrin Barroway Topaz Kessler LLP 280 King of Prussia Road Radnor, PA 19087 Laura A Lee Morgan Lewis & Bockius LLP One Market Spear Street Tower San Francisco, CA 94105

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?117723535737039-L_685_0-1

2/1/2008