Securities And Exchange Commission v. Mercury Interactive LLC et al

Filing 123

STIPULATION AND ORDER REGARDING CASE SCHEDULE (approving 121 ). Signed by Judge Jeremy Fogel on 10/28/2009. (jflc2, COURT STAFF) (Filed on 10/28/2009)

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MELINDA HAAG (STATE BAR NO. 132612) JAMES N. KRAMER (STATE BAR NO. 154709) M. TODD SCOTT (STATE BAR NO. 226885) ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Email: [e-mail] Email: [e-mail] Attorneys for Defendant SUSAN SKAER

**E-Filed 10/28/2009**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

SECURITIES AND EXCHANGE COMMISSION, Plaint iff, v. MERCURY INTERACTIVE, LLC (F/K/MERCURY INTERACTIVE, INC.), AMNON LANDAN, SHARLENE ABRAMS, DOUGLAS SMITH and SUSAN SKAER, Defendants.

Case No. 5:07-cv-02822-JF -----------------STIPULATION AND -----------------[PROPOSED] ORDER REGARDING CASE SCHEDULE

OHS West:260747323.1

STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE 5:07-CV-02822-JF

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This Stipulation is entered into by and among Plaintiff, Securities and Exchange Commission, and Defendants Amnon Landan, Douglas Smith, and Susan Skaer (collectively, "Defendants"), through their respective attorneys of record. WHEREAS, plaintiff filed the Second Amended Complaint on October 15, 2009; WHEREAS, the briefing schedule set forth by the Federal Rules of Civil Procedure would require parties to undertake significant briefing over the Thanksgiving, Christmas and New Years holidays; WHEREAS, after reviewing the Second Amended Complaint and discussing the current briefing schedule in light of the holidays and the SEC's litigation schedule, the parties believe that a modest expansion of the current briefing schedule is necessary to enable the parties to prepare briefs that will assist the Court in reaching a just and efficient resolution of the issues that will be raised on the motion to dismiss. The parties hereby STIPULATE and AGREE to extend the briefing schedule on Defendants' motion to dismiss the Second Amended Complaint: 1. 2009; and 2. 3. That Plaintiff shall file its opposition on or before January 27, 2010; and That Defendants shall file their reply to the opposition on or before MELINDA HAAG JAMES N. KRAMER M. TODD SCOTT ORRICK, HERRINGTON & SUTCLIFFE LLP That Defendants shall file their motion to dismiss on or before December 4,

February 17, 2010. Dated: October 26, 2009

/s/ M. Todd Scott M. Todd Scott Attorneys for Defendant SUSAN SKAER

OHS West:260747323.1

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE 5:07-CV-02822-JF

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Dated: October 26, 2009

DAVID WILLIAMS SECURITIES AND EXCHANGE COMMISSION

/s/ David Williams David Williams Attorneys for Plaintiff I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. Dated: October 26, 2009 JOHN D. CLINE K.C. MAXWELL JONES DAY

/s/ John D. Cline John D. Cline Attorneys for Defendant AMNON LANDAN I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. Dated: October 26, 2009 JEFFREY S. FACTER EMILY V. GRIFFEN SHEARMAN & STERLING, LLP

/s/ Emily V. Griffen Emily V. Griffen Attorneys for Defendant DOUGLAS SMITH I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.

OHS West:260747323.1

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE 5:07-CV-02822-JF

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[P-- O - O - ED ---R---P---S-----] ORDER Based on the Stipulation of the parties, and good cause appearing therefore, IT IS HEREBY ORDERED: 1. That defendants shall file their motion to dismiss on or before December 4, 2009; 2. That plaintiffs shall file their opposition on or before January 27, 2010; and 3. That defendants shall file their reply to the opposition on or before February 17, 2010. 4. The hearing date for Defendants' motion to dismiss shall be scheduled by counsel for the parties with the clerk of this Court prior to the filing of Defendants' motion to dismiss or at such time as is convenient to the Court.

28 Dated October ___, 2009

HONORABLE JEREMY FOGEL UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER REGARDING CASE SCHEDULE 5:07-CV-02822-JF