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)

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**E-Filed 6/7/2011** 6 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: (415) 616-1100 Facsimile: (415) 616-1199 Email: jfacter@shearman.com probbins@shearman.com egriffen@shearman.com 7 Attorneys for Defendant Douglas Smith 1 2 3 4 5 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 SECURITIES AND EXCHANGE COMMISSION, Plaintiff, 13 14 15 16 17 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 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RESCHEDULING CMC CASE NO. 5:07-C02822-JF 295832 1 This Stipulation is entered into by and among Plaintiff, Securities and Exchange 2 Commission (“Plaintiff”), and Defendants Amnon Landan, Douglas Smith and Susan Skaer, 3 through their respective attorneys of record. 4 WHEREAS, at the previous Case Management Conference on April 15, 2011, the 5 Court rescheduled the Case Management Conference for May 13, 2011 at 10:30 a.m., in 6 anticipation of a ruling from the Ninth Circuit on Mr. Smith’s petition for interlocutory appeal 7 filed April 18, 2011; 8 9 10 11 12 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 13 reschedule the Case Management Conference to a date after the Ninth Circuit has ruled on 14 Mr. Smith’s petition for interlocutory appeal, the current Case Management Conference set for 15 June 10, 2011 at 10:30 a.m. should be continued at least five weeks. 16 THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the 17 respective parties hereto, subject to Court approval, that the Case Management Conference 18 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 19 next date the Court is available. 20 21 Dated: June 3, 2011 A. DAVID WILLIAMS (State Bar No. 183854) Securities and Exchange Commission 22 23 24 25 /s/ A. David Williams A. David Williams Attorneys for Plaintiff SECURITIES AND EXCHANGE COMMISSION 26 27 28 STIPULATION AND [PROPOSED] ORDER RESCHEDULING CMC 1 CASE NO. 5:07-C02822-JF 295832 1 Dated: June 3, 2011 2 JEFFREY S. FACTER PATRICK D. ROBBINS EMILY V. GRIFFEN Shearman & Sterling LLP 3 4 /s/ Emily V. Griffen Emily V. Griffen Attorneys for Defendant DOUGLAS SMITH 5 6 7 Dated: June 3, 2011 8 FRANKLIN B. VELIE (admitted pro hac vice) ANDREW T. SOLOMON (admitted pro hac vice) Sullivan & Worcester LLP 9 10 /s/ Andrew T. Solomon Andrew T. Solomon Attorneys for Defendant AMNON LANDAN 11 12 13 Dated: June 3, 2011 14 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 15 16 /s/ James A. Meyers JAMES A. Meyers Attorneys for Defendant SUSAN SKAER 17 18 19 ------------------- ORDER [PROPOSED] 20 21 22 23 24 25 26 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. 7 Dated: June ___, 2011 27 HONORABLE JEREMY FOGEL UNITED STATES DISTRICT JUDGE 28 STIPULATION AND [PROPOSED] ORDER RESCHEDULING CMC 2 CASE NO. 5:07-C02822-JF 295832 1 2 ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Emily V. Griffen, attest that concurrence in the filing of this document has been 3 obtained from each of the signatories. I declare under penalty of perjury under the laws of the 4 United States of America that the foregoing is true and correct. Executed this 3rd day of June, 5 2011 at San Francisco, California. 6 By: /s/ Emily V. Griffen Emily V. Griffen 7 8 Attorneys for Defendant Douglas Smith 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RESCHEDULING CMC 3 CASE NO. 5:07-C02822-JF 295832

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