Securities And Exchange Commission v. Mercury Interactive LLC et al

Filing 172

STIPULATION AND ORDER RESCHEDULING CASE MANAGEMENT CONFERENCE (approving 171 ). The Case Management Conference set for 6/10/2011 is CONTINUED to 7/15/2011 at 10:30 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 6/7/2011. (jflc2, COURT STAFF) (Filed on 6/7/2011)

**E-Filed 6/7/2011**

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Jeffrey S. Facter (State Bar No. 123817)
Patrick D. Robbins (State Bar No. 152288)
Emily V. Griffen (State Bar No. 209162)
SHEARMAN & STERLING LLP
525 Market Street, Suite 1500
San Francisco, California 94105-2723
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Defendant Douglas Smith

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SECURITIES AND EXCHANGE COMMISSION,
Plaintiff,

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v.
MERCURY INTERACTIVE, LLC (F/K/A/
MERCURY INTERACTIVE, INC.), AMNON
LANDAN, SHARLENE ABRAMS, DOUGLAS
SMITH and SUSAN SKAER,
Defendants.

Case No.: 5:07-C02822-JF
Assigned to Hon. Jeremy Fogel
STIPULATION AND -----------------[PROPOSED]
ORDER RESCHEDULING CASE
MANAGEMENT CONFERENCE
Current CMC Date: June 10, 2011
New CMC Date: July 15, 2011

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STIPULATION AND [PROPOSED] ORDER
RESCHEDULING CMC

CASE NO. 5:07-C02822-JF
295832

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This Stipulation is entered into by and among Plaintiff, Securities and Exchange

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Commission (“Plaintiff”), and Defendants Amnon Landan, Douglas Smith and Susan Skaer,

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through their respective attorneys of record.

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WHEREAS, at the previous Case Management Conference on April 15, 2011, the

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Court rescheduled the Case Management Conference for May 13, 2011 at 10:30 a.m., in

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anticipation of a ruling from the Ninth Circuit on Mr. Smith’s petition for interlocutory appeal

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filed April 18, 2011;

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WHEREAS, Plaintiff filed its response to Mr. Smith’s petition for interlocutory
appeal on May 3, 2011;
WHEREAS, the Ninth Circuit has not yet ruled on Mr. Smith’s petition for
interlocutory appeal; and
WHEREAS, the parties agree that, based upon the Court’s prior inclination to

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reschedule the Case Management Conference to a date after the Ninth Circuit has ruled on

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Mr. Smith’s petition for interlocutory appeal, the current Case Management Conference set for

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June 10, 2011 at 10:30 a.m. should be continued at least five weeks.

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the

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respective parties hereto, subject to Court approval, that the Case Management Conference

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currently set for June 10, 2011 at 10:30 a.m. will be moved to July 15, 2011 at 10:30 a.m., or the

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next date the Court is available.

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Dated: June 3, 2011

A. DAVID WILLIAMS (State Bar No. 183854)
Securities and Exchange Commission

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/s/ A. David Williams
A. David Williams
Attorneys for Plaintiff
SECURITIES AND EXCHANGE COMMISSION

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STIPULATION AND [PROPOSED] ORDER
RESCHEDULING CMC

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CASE NO. 5:07-C02822-JF
295832

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Dated: June 3, 2011

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JEFFREY S. FACTER
PATRICK D. ROBBINS
EMILY V. GRIFFEN
Shearman & Sterling LLP

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/s/ Emily V. Griffen
Emily V. Griffen
Attorneys for Defendant
DOUGLAS SMITH

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Dated: June 3, 2011

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FRANKLIN B. VELIE (admitted pro hac vice)
ANDREW T. SOLOMON (admitted pro hac vice)
Sullivan & Worcester LLP

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/s/ Andrew T. Solomon
Andrew T. Solomon
Attorneys for Defendant
AMNON LANDAN

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Dated: June 3, 2011

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JAMES N. KRAMER (State Bar No. 154709)
JAMES A. MEYERS (admitted pro hac vice)
M. TODD SCOTT (State Bar No. 226885)
Orrick, Herrington & Sutcliffe LLP

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/s/ James A. Meyers
JAMES A. Meyers
Attorneys for Defendant
SUSAN SKAER

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------------------- ORDER
[PROPOSED]

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Based on the Stipulation of the parties, and good cause appearing therefore,
IT IS HEREBY ORDERED that the Case Management Conference currently scheduled
for June 10, 2011 at 10:30 a.m. is vacated. The Case Management Conference will be held on
July 15, 2011 at 10:30 a.m.

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Dated: June ___, 2011

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HONORABLE JEREMY FOGEL
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER
RESCHEDULING CMC

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CASE NO. 5:07-C02822-JF
295832

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ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Emily V. Griffen, attest that concurrence in the filing of this document has been

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obtained from each of the signatories. I declare under penalty of perjury under the laws of the

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United States of America that the foregoing is true and correct. Executed this 3rd day of June,

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2011 at San Francisco, California.

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By:

/s/ Emily V. Griffen
Emily V. Griffen

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Attorneys for Defendant Douglas Smith

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STIPULATION AND [PROPOSED] ORDER
RESCHEDULING CMC

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CASE NO. 5:07-C02822-JF
295832