Securities And Exchange Commission v. Mercury Interactive LLC et al

Filing 95

STIPULATION AND ORDER RE RESPONSE OF DEFENDANT SHARLENE ABRAMS TO AMENDED COMPLAINT (approving doc. no. 93 ). Signed by Judge Jeremy Fogel on 12/10/08. (jflc2, COURT STAFF) (Filed on 12/10/2008)

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Douglas R. Young (State Bar No. 073248) [e-mail] C. Brandon Wisoff (State Bar No. 121930) [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant SHARLENE ABRAMS

**E-Filed 12/10/08**

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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

Case No. 5:07-cv-02822 JF -----------------STIPULATION AND [PROPOSED] ORDER re RESPONSE OF DEFENDANT SHARLENE ABRAMS TO AMENDED COMPLAINT

Plaintiff Securities and Exchange Commission ("SEC") and Defendant Sharlene Abrams ("Abrams"), by and through counsel, hereby stipulate as follows: 1, The SEC and Abrams are in the advanced stages of negotiating a potential

resolution of this matter. 2. To avoid the unnecessary expenditure of the parties' and the Court's resources, the

SEC and Abrams agree to defer any obligation of Abrams to respond to the amended complaint at this time.

STIP.& [PROP] ORDER re RESPONSE OF DEF. SHARLENE ABRAMS TO AMENDED COMPLAINT Case No. 5:07-cv-02822 JF

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

3.

The SEC and Abrams therefore stipulate that Abrams need not respond to the

amended complaint by the currently pending deadline of December 15, 2008. Rather than set a response deadline, the parties agree that Abrams need only respond to the complaint once the SEC has filed written notice in this action indicating that a response is due, in which case, Abrams shall have thirty (30) days from the date of such notice in which to plead or otherwise respond to the amended complaint on file herein. SO STIPULATED. Dated: December 9, 2008. SECURITIES AND EXCHANGE COMMISSION

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

Dated: December 9, 2008.

FARELLA BRAUN + MARTEL LLP

By: /s/ C. Brandon Wisoff Attorneys for Defendant SHARLENE ABRAMS I hereby attest that I have received authority from the other counsel signatories to file this document.

STIP. & [PROP] ORDER re RESPONSE OF DEF. SHARLENE ABRAMS TO AMENDED COMPLAINT Case No. 5:07-cv-02822 JF

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

ORDER Based on the foregoing stipulation, and for good cause shown, IT IS TO ORDERED. 10 Dated: December __, 2008.

_________________________________________ Jeremy Fogel United States District Judge

STIP. & [PROP] ORDER re RESPONSE OF DEF. SHARLENE ABRAMS TO AMENDED COMPLAINT Case No. 5:07-cv-02822 JF

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