Knopf v. Semel et al

Filing 64

STIPULATION AND ORDER FOR A BRIEF EXTENSION OF TIME TO FILE PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO re 63 . Signed by Judge Jeremy Fogel on 4/19/10. (dlm, COURT STAFF) (Filed on 4/22/2010)

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Jordan L. Lurie (130013) [e-mail] Leigh A. Parker (170565) [e-mail] Joel E. Elkins (256020) [e-mail] WEISS & LURIE 10940 Wilshire Boulevard, Suite 2300 Los Angeles, CA 90024 Telephone: [phone] Facsimile: [phone] Counsel for Plaintiff [Additional counsel listed on signature page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ANDREW KNOPF, Derivatively on behalf of ) ) YAHOO! INC., ) ) Plaintiff, ) ) v. ) TERRY SEMEL, MICHAEL J. CALLAHAN, ) ) JERRY YANG, ROY J. BOSTOCK, ) RONALD W. BURKLE, ERIC HIPPEAU, ) VYOMESH JOSHI, ARTHUR H. KERN, ) ROBERT A. KOTICK, EDWARD R. ) KOZEL, GARY L. WILSON, ) and MAGGIE WILDEROTTER, ) ) Defendants, ) ) v. ) ) YAHOO! INC., a Delaware Corporation, ) ) Nominal Defendant. ) ) ) ) CASE NO. C08-03658 (JF) STIPULATION AND ----------------[PROPOSED] ORDER FOR A BRIEF EXTENSION OF TIME TO FILE PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO

S T I P U L A T I O N AND [PROPOSED] ORDER FOR A BRIEF EXTENSION OF TIME TO FILE PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO C-08-03658 (JF)

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Pursuant to Civil Local Rules 6-1, 6-2 and 7-12, the parties, by and through their respective counsel, respectfully request that the Court grant, in the form of an Order, the parties' stipulated request for a brief extension of the time for Plaintiff to file his further amended complaint. In support of this stipulated request, the parties state as follows: WHEREAS, this Court issued an order on March 17, 2010 granting Defendants' Motion to Dismiss Plaintiff's First Amended Shareholder Derivative Complaint with leave for Plaintiff to file a further amended complaint; WHEREAS, this Court's March 17, 2010 order provides that Plaintiff's further amended complaint shall be filed within thirty days of the date that the order was filed, or April 16, 2010; WHEREAS, counsel for Plaintiff requested, and counsel for Defendants courteously agreed to, a brief extension of the date for Plaintiff to file his further amended complaint to April 26, 2010, or only ten (10) days after the date set by this Court; WHEREAS, the parties also agree that Defendants' time to answer or otherwise respond to Plaintiff's further amended complaint may be extended to and including May 20, 2010; WHEREAS, there have been no previous extensions of the date for Plaintiff to file his further amended complaint; WHEREAS, there are no other dates currently scheduled in this case; and WHEREAS, this brief extension of time will have no effect on the schedule in this

IT IS HEREBY STIPULATED AND AGREED, by the parties, through their

S T I P U L A T I O N AND [PROPOSED] ORDER FOR A BRIEF EXTENSION OF TIME TO FILE PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO C-08-03658 (JF)

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undersigned counsel, that Plaintiff shall file his further amended complaint on or before April 26, 2010. Defendants' time to answer or otherwise respond to Plaintiff's further amended complaint shall be extended to and including May 20, 2010. WEISS & LURIE JORDAN L. LURIE LEIGH A. PARKER JOEL E. ELKINS DATED: April 16, 2010 By: /s/ Leigh A. Parker Leigh A. Parker 10940 Wilshire Boulevard, Suite 2300 Los Angeles, CA 90024 WEISS & LURIE JOSEPH H. WEISS ILYA NUZOV 551 Fifth Avenue New York, NY 10176 Counsel for Plaintiff MORRISON & FORRESTER JORDAN ETH ANNA ERICKSON WHITE RACHAEL CLARKE DATED: April 16, 2010 By: /s/ Rachael Clarke Rachael Clarke 755 Page Mill Road Palo Alto, CA 94304-1018 Phone: [phone] Fax: [phone] Counsel for Defendants -----------------[PROPOSED] ORDER PURSUANT TO THE PARTIES' STIPULATION, IT IS ORDERED THAT: 1. Plaintiff shall file and serve his further amended complaint on or before April

26, 2010. Defendants' time to answer or otherwise respond to Plaintiff's further amended complaint shall be extended to and including May 20, 2010. 4/19 DATED: ___________, 2010 ________________________________ THE HONORABLE JEREMY FOGEL UNITED STATES DISTRICT JUDGE

S T I P U L A T I O N AND [PROPOSED] ORDER FOR A BRIEF EXTENSION OF TIME TO FILE PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO C-08-03658 (JF)

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CERTIFICATE PURSUANT TO GENERAL ORDER 45 X.B. I, Leigh A. Parker, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order for a Brief Extension of Time to File Plaintiff's Amended Complaint. In compliance with General Order 45, X.B., I hereby attest that Rachael Clarke has concurred in this filing. /s/ Leigh A. Parker Leigh A. Parker

S T I P U L A T I O N AND [PROPOSED] ORDER FOR A BRIEF EXTENSION OF TIME TO FILE PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO C-08-03658 (JF)

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CERTIFICATE OF SERVICE I hereby certify that on April 16, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the email addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on April 16, 2010. /s/ Leigh A. Parker Leigh A. Parker WEISS & LURIE 10940 Wilshire Boulevard Suite 2300 Los Angeles, CA 90066 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

S T I P U L A T I O N AND [PROPOSED] ORDER FOR A BRIEF EXTENSION OF TIME TO FILE PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO C-08-03658 (JF)

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M a ilin g Information for a Case 5:08-cv-03658-JF
Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. Rachael Clarke [e-mail],[e-mail] Joel E Elkins [e-mail] Jordan Eth [e-mail],[e-mail] Jordan L. Lurie [e-mail] Leigh Anne Parker [e-mail] Anna Erickson White [e-mail],[e-mail] Zev Benjamin Zysman [e-mail],[e-mail]

M a n u a l Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). (No manual recipients)

S T I P U L A T I O N AND [PROPOSED] ORDER FOR A BRIEF EXTENSION OF TIME TO FILE PLAINTIFF'S AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO C-08-03658 (JF)

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