Query v. Maxim Integrated Products, Inc. et al

Filing 250

STIPULATION AND ORDER STIPULATION AND ORDER AS MODIFIED BY THE COURT Continuing Class Certification hearing from 4/26/2010 to 5/24/2010 re 249 Stipulation. Set/Reset Deadlines as 244 MOTION to Certify Class. Motion Hearing set for 5/24/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 3/5/2010. (ecg, COURT STAFF) (Filed on 3/5/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNIT ED

GREGORY D. HULL (Bar No. 57367) [e-mail] WEIL, GOTSHAL & MANGES LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 Tel: [phone] Fax: [phone] JOHN A. NEUWIRTH (Pro Hac Vice) [e-mail] WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, NY 10153 Tel: [phone] Fax: [phone] Attorneys for Defendant Maxim Integrated Products, Inc. [Addit ional Counsel on Signature Page]

S

S DISTRICT TE C TA

ER

N

C F D IS T IC T O R 3/5/2010

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ----------------------------------------------------------- x : In re MAXIM INTEGRATED PRODUCTS, : INC. SECURITIES LITIGATION : Case No. C-08-00832-JW : : ----------------------------------------------------------- x STIPULATION AND [PROPOSED] ORDER REGARDING HEARING ON LEAD PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

STIPULATION AND [PROPOSED] ORDER

Case No. C-08-00832-JW

A

LI

FO

mes Wa Judge Ja

re

R NIA

DERED SO OR ED IT IS DIFI AS MO

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a schedule; certification;

WHEREAS, by Order dated October 1, 2009, the Court scheduled a hearing on Lead Plaintiffs' motion for class certification for April 26, 2010 at 9:00 a.m.; WHEREAS, on December 11, 2009, Lead Plaintiffs filed their motion for class

WHEREAS, the parties have since been and are presently engaged in discovery, including discovery concerning Lead Plaintiffs' motion for class certification; WHEREAS, Defendants' oppositions to Lead Plaintiffs' motion for class certification are currently due on March 15, 2010, and Lead Plaintiffs' reply in further support of the motion is currently due on April 12, 2010; WHEREAS, the lead attorney for Defendant Maxim Integrated Products, Inc. ("Maxim") is currently defending a motion to enjoin a merger transaction in another matter, captioned Miller, et al. v. Kinzel, et al., Case No. 2009-CV-1069 (Ohio Ct. Comm. Pl.) (the "Ohio Action"), that, pursuant to a court order issued on February 22, 2010, has been scheduled for an evidentiary hearing on March 10, 2010; WHEREAS, as a result of the scheduling of the evidentiary hearing in the Ohio Action, the lead attorney for Maxim is presently and will remain engaged in extensive expedited discovery and briefing in the Ohio Action through March 10, 2010; WHEREAS, in light of the significant time demands attendant to Maxim's lead attorney's other matter over the next several weeks, Maxim's counsel has suggested to Lead Plaintiffs' counsel a short 10-day extension of the current briefing schedule, whereby Maxim's opposition to Lead Plaintiffs' motion for class certification would be filed on March 26, 2010 and Lead Plaintiffs' reply in further support of the motion would be filed on April 23, 2010; WHEREAS, Lead Plaintiffs' counsel has indicated that they are amenable to such

WHEREAS, to accommodate this desired schedule, and to afford the Court sufficient time to review the parties' submissions, the parties have agreed, subject to the approval

STIPULATION AND [PROPOSED] ORDER

Case No. C-08-00832-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

of the Court, to continue the April 26, 2010 hearing on Lead Plaintiffs' motion for class certification to May 10, 2010; and WHEREAS, there has been no prior request to continue the hearing on Lead Plaintiffs' motion for class certification; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, that the hearing on Lead Plaintiffs' motion for class certification present ly scheduled for
May 10, 2010. April 26, 2010 shall be continued to May24, 2010 at 9:00 AM. The briefing schedule shall remain unchanged.

IT IS SO STIPULATED.

STIPULATION AND [PROPOSED] ORDER

2

Case No. C-08-00832-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Dated: February 24, 2010

Respect fully submitted, BERNSTEIN LITOWITZ BERGER & GROSSMAN LLP /s/ Timothy A. DeLange BLAIR A. NICHOLAS [e-mail] TIMOTHY A. DELANGE [e-mail] 12481 High Bluff Drive, Suite 300 San Diego, CA 92130 Tel: [phone] Fax: [phone] -andCHITWOOD HARLEY HARNES LLP MARTIN D. CHITWOOD (Pro Hac Vice) [e-mail] JAMES M. WILSON, JR. (Pro Hac Vice) [e-mail] 2300 Promenade II 1230 Peachtree Street, N.E. At lanta, GA 30309 Tel: [phone] Fax: [phone] GREGORY E. KELLER (Pro Hac Vice) [e-mail] 11 Grace Avenue, Suite 306 Great Neck, NY 11021 Tel: [phone] Fax: [phone] Attorneys for Lead Plaintiffs The Cobb County Government Employees' Pension Plan, The DeKalb County Pension Plan and The Mississippi Public Employees Retirement System

STIPULATION AND [PROPOSED] ORDER

3

Case No. C-08-00832-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER

WEIL, GOTSHAL & MANGES LLP /s/ John A. Neuwirth GREGORY D. HULL [e-mail] 201 Redwood Shores Parkway Redwood Shores, CA 94065 Tel: [phone] Fax: [phone] -andJOHN A. NEUWIRTH (Pro Hac Vice) [e-mail] 767 Fifth Avenue New York, NY 10153 Tel: [phone] Fax: [phone] Attorneys for Defendant Maxim Integrated Products, Inc.

WILENTZ, GOLDMAN & SPITZER, P.A. /s/ Edward T. Kole EDWARD T. KOLE (Pro Hac Vice) KEVIN P. RODDY [e-mail] 90 Woodbridge Center Drive, Suite 900 Woodbridge, NJ 07095 Tel: [phone] Fax: [phone] -andSONNENBLICK, PARKER & SELVERS, P.C. JEROME M. SELVERS (Pro Hac Vice) [e-mail] Freeho ld Executive Center 4400 Route 9 South Freeho ld, NJ 07728 Tel: [phone] Fax: [phone] Attorneys for Defendant The Estate of John F. Gifford

4

Case No. C-08-00832-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER

LATHAM & WATKINS LLP /s/ Christopher W. Johnstone STEVEN M. BAUER CHRISTOPHER W. JOHNSTONE [e-mail] 505 Montgomery Street, Suite 2000 San Francisco, CA 94111 Tel: [phone] Fax: [phone] Attorneys for Defendant Carl W. Jasper

O'MELVENY & MYERS LLP /s/ Meredith Landy MEREDITH LANDY [e-mail] 2765 Sand Hill Road Menlo Park, CA 94025 Tel: [phone] Fax: [phone] Attorneys for Defendant Timothy Ruehle

Filer's Attestation: Pursuant to General Order No. 45, Section X(B) regarding signatures, I attest under penalty of perjury that concurrence in the filing of the document has been obtained from Timothy A. DeLange, Edward T. Kole, Christopher W. Johnstone and Meredith Landy.

5

Case No. C-08-00832-JW

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

PURSUANT TO THE STIPULATION, IT IS SO ORDERED. S MODIFIED ABOVE A DATED:
March 5

2010 THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE

STIPULATION AND [PROPOSED] ORDER

6

Case No. C-08-00832-JW