Iron Workers Local 25 Pension Fund v. Bogart et al

Filing 14

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO COMPLAINT AND RESETTING INITIAL CASE MANAGEMENT CONFERENCE re 8 Joint MOTION for Extension of Time to File Answer Stipulation and [Proposed] Order Extending Time for Defendants to Respond to Complaint and Resetting the Initial Case Management ConferenceJoint MOTION for Extension of Time to File Answer Stipulation and [Proposed] Order Extending Time for Defendants to Respond to Complaint and Resetting the Initial Case M anagement Conference filed by Deming Xiao, Karen A. Smith Bogart, Paul Ueunten, C. Richard Neely, Jr, Michael R. Hsing, Monolithic Power Systems, Inc., James C. Moyer, Umesh Padcal, Maurice Sciammas, Jeff Zhou, Douglas M. McBurnie, Herbert Chang, Victor K Lee. Signed by Judge Paul S. Grewal on October 31, 2011. (psglc1, COURT STAFF) (Filed on 10/31/2011)

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William S. Freeman (State Bar No. 82002)
[e-mail]
Catherine Broderick (State Bar No. 251231)
[e-mail]
JONES DAY
1755 Embarcadero Road
Palo Alto, CA 94303
Telephone:
+1.650.739.3939
Facsimile:
+1.650.739.3900
Attorneys for Defendants KAREN A. SMITH
BOGART, HERBERT CHANG, VICTOR K. LEE,
DOUGLAS MCBURNIE, JAMES C. MOYER,
UMESH PADVAL, JEFF ZHOU, MICHAEL R.
HSING, DEMING XIAO, MAURICE SCIAMMAS,
PAUL UEUNTEN and C. RICHARD NEELY, JR. and
Nominal Defendant MONOLITHIC POWER
SYSTEMS, INC.

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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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IRON WORKERS LOCAL NO. 25
PENSION FUND, Derivatively on Behalf of
MONOLITHIC POWER SYSTEMS, INC.,

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Plaintiff,

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v.
KAREN A. SMITH BOGART, HERBERT
CHANG, VICTOR K. LEE, DOUGLAS
McBURNIE, JAMES C. MOYER, UMESH
PADVAL, JEFF ZHOU, MICHAEL R.
HSING, DEMING XIAO, MAURICE
SCIAMMAS, PAUL UEUNTEN, C.
RICHARD NEELY, JR. and FIRST
NIAGARA FINANCIAL GROUP, INC.,

Case No. 11-CV-04604 PSG
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANTS TO RESPOND TO
COMPLAINT AND RESETTING
THE INITIAL CASE
MANAGEMENT CONFERENCE
Courtroom: 5, 4th Floor
Judge: Hon. Paul Singh Grewal

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Defendants,
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-andMONOLITHIC POWER SYSTEMS, INC., a
Delaware corporation,
Nominal Defendant.

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STIPULATION AND ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT AND RESETTING
INITIAL CASE MANAGEMENT CONFERENCE

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Pursuant to Civil L.R. 16-2(e), Plaintiff Iron Workers Local No. 25 Pension Fund

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(“Plaintiff”) and Defendants Karen A. Smith Bogart, Herbert Chang, Victor K. Lee, Douglas

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McBurnie, James C. Moyer, Umesh Padval, Jeff Zhou, Michael R. Hsing, Deming Xiao, Maurice

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Sciammas, Paul Ueunten, C. Richard Neely, Jr. and First Niagara Financial Group, Inc., and

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Nominal Defendant Monolithic Power Systems, Inc. (collectively “Defendants” and, together

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with Plaintiff, the “Parties”) jointly submit this Stipulation and [Proposed] Order Extending Time

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for Defendants to Respond to Complaint and Resetting the Initial Case Management Conference.

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Pursuant to Civil L. R. 6-2(a), this Stipulation is also supported by the Declaration of William S.

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Freeman, filed herewith.

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WHEREAS, Plaintiff filed this action on September 16, 2011 and has agreed that
Defendants may have until December 5, 2011 to respond to the complaint;

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WHEREAS, the Parties anticipate that one or more Defendants will move to dismiss the

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complaint, and have further agreed that, in order to permit the Parties to fully brief the issues

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involved in any such motion, Plaintiff may have until January 19, 2012 to file an opposition to

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any motion to dismiss and the moving Defendant(s) may have until February 9, 2012 to file any

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replies;

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WHEREAS, Civil L.R. 16-2(a) states that the Initial Case Management Conference shall

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be set “not less than 90 days after the action was filed” and the Initial Case Management

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Conference is currently scheduled for November 15, 2011, a date that is only 60 days from the

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filing of this action;

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WHEREAS, the Parties also believe that the date currently set for the Initial Case

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Management Conference is sooner than would be ideal for the efficient management of the case,

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and believe that moving the Initial Case Management Conference and combining it with the

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hearing on the motion(s) to dismiss will conserve judicial resources and allow for a more

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meaningful discussion of case management issues between the parties and the Court;

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WHEREAS, the Parties agree that, subject to the approval of the Court, such hearing and

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Initial Case Management Conference should take place on February 23, 2012 or as soon

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thereafter as the Court is available;
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STIPULATION AND ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT AND RESETTING
INITIAL CASE MANAGEMENT CONFERENCE

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WHEREAS, the Parties further agree that all other dates in the Order Setting Initial Case

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Management Conference and ADR Deadlines should be re-set in conformity with the new Initial

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Case Management Conference date; and

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WHEREAS, there have been no previous time modifications in this case and the requested
time modification will not significantly alter the case schedule.

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IT IS THEREFORE STIPULATED BY AND BETWEEN THE PARTIES, AS FOLLOWS:

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1.

Defendants may have until December 5, 2011 to respond to the complaint in this

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In the event any Defendant files a motion to dismiss the complaint, Plaintiff shall

action.

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have until January 19, 2012 to respond to the motion(s), and the moving Defendant(s) shall have

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until February 9, 2012 to file a reply.

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3.

The Initial Case Management Conference may be re-set to coincide with the

hearing on any motion to dismiss.

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4.

The hearing on any motion to dismiss and the Initial Case Management

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Conference may be set to take place on any date on or after February 23, 2012 that the Court may

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direct.

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5.

All other dates in the Order Setting Initial Case Management Conference may be

re-set in conformity with the new date for the Initial Case Management Conference.

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Dated: October 20, 2011

By: /s/ William S. Freeman
William S. Freeman
JONES DAY
Counsel for Defendants KAREN A. SMITH
BOGART, HERBERT CHANG, VICTOR
K. LEE, DOUGLAS MCBURNIE, JAMES
C. MOYER, UMESH PADVAL, JEFF
ZHOU, MICHAEL R. HSING, DEMING
XIAO, MAURICE SCIAMMAS, PAUL
UEUNTEN, and C. RICHARD NEELY,
JR., and Nominal Defendant MONOLITHIC
POWER SYSTEMS, INC.

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STIPULATION AND ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT AND RESETTING
INITIAL CASE MANAGEMENT CONFERENCE

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In accordance with General Order No. 45, Rule X, the above signatory attests that
concurrence in the filing of this document has been obtained from the signatories below.

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By: /s/ William J. Goines
William J. Goines
GREENBERG TRAURIG, LLP

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Counsel for Defendant FIRST
NIAGARA FINANCIAL GROUP, INC.

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By: /s/ Travis E. Downs III
Travis E. Downs III
ROBBINS GELLER RUDMAN &
DOWD LLP

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Counsel for Plaintiff IRON WORKERS
LOCAL NO. 25 PENSION FUND

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PURSUANT TO STIPULATION, IT IS SO ORDERED. The Initial Case Management
Conference and the hearing on any motions to dismiss the complaint shall take place at 10:00
_:__ _.m.
February 21
on __________________, 2012.

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October 31, 2011
Dated: ________________________

By:
Hon. Paul S. Grewal
United States Magistrate Judge

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SVI-98713

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STIPULATION AND ORDER EXTENDING TIME TO
RESPOND TO COMPLAINT AND RESETTING
INITIAL CASE MANAGEMENT CONFERENCE