Krieger v. Atheros Communications, Inc. et al

Filing 41

STIPULATION AND ORDER re 40 Regarding Stay of Discovery and Case Management Deadlines. Signed by Judge Koh on 4/22/2011. (lhklc1, COURT STAFF) (Filed on 4/22/2011)

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PILLSBURY WINTHROP SHAW PITTMAN LLP
DAVID M. FURBUSH # 83447
2475 Hanover Street
Palo Alto, CA 94304-1114
Telephone: [phone]
Facsimile: [phone]
[e-mail]
RANAH L. ESMAILI # 233477
1540 Broadway
New York, NY 10036-4039
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants Atheros Communications,
Inc., Willy C. Shih, Teresa H. Meng,
Craig H. Barratt, Andrew S. Rappaport, Dan A. Artusi,
Charles E. Harris, Marshall L. Mohr, and Christine King

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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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JOEL KRIEGER, Individually and on Behalf )
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of All Others Similarly Situated,
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Plaintiff,
vs.
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ATHEROS COMMUNICATIONS, INC.,
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DR. WILLY C. SHIH, DR. TERESA H.
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MENG, DR. CRAIG H. BARRATT,
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ANDREW S. RAPPAPORT, DAN A.
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ARTUSI, CHARLES E. HARRIS,
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MARSHALL L. MOHR, CHRISTINE
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KING, QUALCOMM INCORPORATED, )
AND T MERGER SUB, INC.
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Defendants.
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No. 5:11-CV-00640-LHK

STIPULATION AND [PROPOSED]
ORDER REGARDING STAY OF
DISCOVERY, CASE MANAGEMENT
AND ADR DEADLINES

Judge: Hon. Lucy H. Koh
Date Action Filed: February 10, 2011

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STIP. AND [PROPOSED] ORDER REGARDING STAY OF
DISCOVERY, CASE MANAGEMENT AND ADR DEADLINES
Case No. 11-CV-00640 LHK

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Plaintiff Joel Krieger (“Plaintiff”), by and through his undersigned counsel, and

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defendants Atheros Communications, Inc., Dr. Willy C. Shih, Dr. Teresa H. Meng, Dr.

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Craig H. Barratt, Andrew S. Rappaport, Dan A. Artusi, Charles E. Harris, Marshall L.

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Mohr, Christine King (the “Atheros Defendants”), Qualcomm Incorporated and T Merger

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Sub, Inc., by and through their undersigned counsel (collectively, with the Atheros

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Defendants, the “Defendants”), hereby stipulate and agree as follows:

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WHEREAS, on February 10, 2011, Plaintiff filed a complaint alleging violations of
the federal securities laws and state breach of fiduciary duty laws;
WHEREAS, on March 4, 2011, the Court entered an order staying Plaintiff’s state
law claims for breach of fiduciary duty;
WHEREAS, on April 11, 2011, the Atheros Defendants moved to dismiss Plaintiff’s
federal securities law claims;

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WHEREAS, Plaintiff intends to amend the federal claims alleged in his complaint;

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WHEREAS, pursuant to the Order Setting Initial Case Management Conference and

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ADR Deadlines filed on February 10, 2011 (“Case Management Order”), the parties are

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required to: (a) meet and confer pursuant to Fed. R. Civ. P. 26(f) and ADR L.R. 3-5, file

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ADR Certification signed by Parties and Counsel, and file either Stipulation to ADR

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Process or Notice of Need for ADR Phone Conference by April 20, 2011; (b) file Rule

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26(f) Report, complete initial disclosures or state objections in Rule 26(f) Report and file

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Case Management Statement by May 4, 2011; and (c) participate in an initial case

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management conference on May 11, 2011 (collectively, the “Case Management

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Deadlines”);

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WHEREAS, the Private Securities Litigation Reform Act of 1995 provides that,

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upon the filing of the motion to dismiss in a private securities fraud class action, “all

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discovery and other proceedings shall be stayed during the pendency” of such motion;

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STIP. AND [PROPOSED] ORDER REGARDING STAY OF
DISCOVERY, CASE MANAGEMENT AND ADR DEADLINES
Case No. 11-CV-00640 LHK

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WHEREAS, in light of the Atheros Defendants’ pending motion to dismiss and

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Plaintiff’s intention to amend their federal securities law claims in the complaint, the parties

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wish to continue the Case Management Deadlines until after such time as an amended

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complaint is filed, and the current or any subsequent motion to dismiss has been decided by

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this Court.

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NOW THEREFORE, the parties stipulate and agree, and the Court hereby orders, as
follows:
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The Initial Case Management Conference currently set for May 11, 2011 and

other Case Management Deadlines shall be taken off calendar;
2.

The parties shall submit a stipulation with a proposed date and time for the

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Initial Case Management Conference and other Case Management Deadlines within

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fourteen (14) days after such time as the current or any subsequent motion to dismiss has

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been decided by this Court.

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Dated: April 19, 2011

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By /s/ Vahn Alexander
Attorneys for Plaintiff Stanley Joel Krieger

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FARUQI & FARUQI, LLP
VAHN ALEXANDER
1901 Avenue of the Stars, Second Floor
Los Angeles, CA 90067

Dated: April 19, 2011

PILLSBURY WINTHROP SHAW PITTMAN LLP
DAVID M. FURBUSH
2475 Hanover Street
Palo Alto, CA 94304-1114
By /s/ David M. Furbush
Attorneys for Defendants Atheros
Communications, Inc., Craig H. Barratt,
Willy C. Shih, Andrew S.Rappaport,
Daniel A. Artusi, Charles E. Harris,
Marshall L. Mohr, Christine King, and
Teresa H. Meng

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STIP. AND [PROPOSED] ORDER REGARDING STAY OF
DISCOVERY, CASE MANAGEMENT AND ADR DEADLINES
Case No. 11-CV-00640 LHK

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Dated: April 19, 2011

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DLA PIPER LLP
DAVID PRIEBE
2000 University Avenue
East Palo Alto, CA 94303
By /s/ David Priebe
Attorneys for Defendants Qualcomm Incorporated
and T Merger Sub, Inc.

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ATTESTATION PURSUANT TO GENERAL ORDER 45

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I, David M. Furbush, attest that concurrence in the filing of this document has been

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obtained from the other signatories. I declare under penalty of perjury that the foregoing is

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true and correct.

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By /s/ David M. Furbush
David M. Furbush

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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April 22, 2011
Dated: _______________

____________________________________
THE HONORABLE LUCY H. KOH

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STIP. AND [PROPOSED] ORDER REGARDING STAY OF
DISCOVERY, CASE MANAGEMENT AND ADR DEADLINES
Case No. 11-CV-00640 LHK