Free Stipulation - District Court of California - California

Case 4:07-cv-05111-CW

Document 24

Filed 04/21/2008

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1 SARA B. BRODY (Bar No. 130222) 2 MONICA PATEL (Bar No. 220825) 4 5 6 7 8
CAROL LYNN THOMPSON (Bar No. 148079)

3 MATTHEW D. THURLOW (Bar No. 243470)
HELLER EHRMAN LLP 333 Bush Street San Francisco, CA 94104-2878 Telephone: (415) 772-6000 Facsimile: (415) 772-6268 [email protected] [email protected] [email protected] [email protected]

9 Attorneys for Defendants 10 ROBERT J. DORIS, A. CLAY LEIGHTON, 11 12 13 14 15 16
Case No.: C 07 5111(JSW) CLASS ACTION STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND ENLARGEMENT OF PAGE LIMITATIONS CITY OF WESTLAND POLICE AND FIRE 17 RETIREMENT SYSTEM AND PLYMOUTH COUNTY RETIREMENT SYSTEM, On Behalf of 18 Itself and All Others Similarly Situated, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SONIC SOLUTIONS, DAVID C. HABIGER, MARY C. SAUER, MARK ELY, ROBERT M. GREBER, PETER J. MARGUGLIO and R. WARREN LANGLEY

19 20 21
v.

Plaintiff,

22 ROBERT J. DORIS, A. CLAY LEIGHTON, 23 GREBER, PETER J. MARGUGLIO and R. 24 WARREN LANGLEY, 25 26 27

SONIC SOLUTIONS, DAVID C. HABIGER, MARY C. SAUER, MARK ELY, ROBERT M.

The Honorable Jeffrey S. White

Defendants.

WHEREAS, Lead Plaintiffs, City of Westland Police and Fire Retirement System

28 and Plymouth County Retirement System (collectively "Lead Plaintiffs"), have filed a Consolidated
STIP. AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND ENLARGEMENT OF PAGE LIMITATIONS CASE NO.: C 07 5111(JSW)

Case 4:07-cv-05111-CW

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1 Class Action Complaint (the "Complaint"), asserting claims against defendants Sonic Solutions 2 ("Sonic Solutions"), David C. Habiger, Robert J. Doris, A. Clay Leighton, Mary C. Sauer, Mark 3 Ely, Robert M. Greber, Peter J. Marguglio, and R. Warren Langley (collectively "Defendants"); 4
WHEREAS, pursuant to the Court's February 27, 2008 Order, Defendants' motion

5 to dismiss the Complaint is currently due on May 5, 2008; 6
WHEREAS, the Complaint is 71 pages in length, includes 217 numbered

7 paragraphs, incorporates by reference over 150 pages of supporting materials, and raises numerous 8 legal issues concerning multiple aspects of Sonic Solutions' business; 9
WHEREAS, Defendants requested and Lead Plaintiffs agreed, after meeting and

10 conferring, that judicial economy will be served by the entry of an amended schedule for the filing 11 of Defendants' motion to dismiss the Complaint; 12
WHEREAS, under Civil Local Rule 7-2(b), the page limit for a motion and

13 supporting papers is 25 pages; 14
WHEREAS, under Civil Local Rules 7-4(b), the page limit for opposition papers is

15 25 pages and the page limit for reply papers is 15 pages; 16
WHEREAS, in light of the length and scope of the Complaint and the complexity of

17 the issues raised concerning Sonic Solutions' business, the parties have agreed that the page limit 18 for the papers filed in support, opposition, and reply to the motion to dismiss the Complaint should 19 be enlarged as set forth below. 20
IT IS HEREBY STIPULATED AND AGREED, BY AND AMONG THE

21 UNDERSIGNED, ON BEHALF OF THEIR RESPECTIVE CLIENTS, SUBJECT TO COURT 22 APPROVAL, AS FOLLOWS: 23
1. Defendants shall file and serve answers or otherwise respond to the

24 Complaint by May 23, 2008. In the event that Defendants file and serve any motion directed at the 25 Complaint, Lead Plaintiffs shall file and serve an opposition by July 18, 2008. If Defendants file 26 and serve a reply to Lead Plaintiffs' opposition, they will do so by August 8, 2008. Subject to the 27 Court's approval, the hearing on any motion directed at the Complaint will be set for August 22, 28 2008. 2
STIP. AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND ENLARGEMENT OF PAGE LIMITATIONS CASE NO.: C 07 5111(JSW)

Case 4:07-cv-05111-CW

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1

2.

In the event that Defendants move to dismiss the Complaint and file an

2 omnibus brief in support thereof, the following page limits shall apply to the memoranda of points 3 and authorities filed in support, opposition or reply to the motion to dismiss the Complaint: 4 5 6
Defendants' brief: Lead Plaintiffs' opposition brief: Defendants' reply brief: 35 pages 35 pages 20 pages

7 Such page limits do not include the table of contents or the table of authorities. 8
3. By executing this Stipulation, the parties have not waived and expressly

9 retain all claims, defenses and arguments whether procedural, substantive or otherwise, and are 10 without prejudice to any subsequent motion to stay this action, and this Order is entered without 11 prejudice to the rights of any party to apply for a modification of this Order for good cause. 12 IT IS SO STIPULATED AND AGREED. 13 14 Dated: April 21, 2008 15 16 17 18 19 20 21 Stipulation and [Proposed] Order Re Briefing Schedule and Enlargement of Page Limitations. In 22 23 24 25 26 27 28 3
STIP. AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND ENLARGEMENT OF PAGE LIMITATIONS CASE NO.: C 07 5111(JSW)

HELLER EHRMAN LLP

/s/ Monica Patel Monica Patel Attorneys for Defendants SONIC SOLUTIONS, DAVID C. HABIGER, ROBERT J. DORIS, A. CLAY LEIGHTON, MARY C. SAUER, MARK ELY, ROBERT M. GREBER, PETER J. MARGUGLIO & R. WARREN LANGLEY I, Monica Patel, am the ECF user whose ID and password are being used to file this

By:

compliance with General Order 45, X.B., I hereby attest that Christopher M. Wood of Coughlin Stoia Geller Rudman & Robbins LLP has concurred in this filing. Dated: April 21, 2008 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP LABATON SUCHAROW LLP

By:

/s/ Christopher M. Wood Christopher M. Wood Co-Lead Counsel for Plaintiffs

Case 4:07-cv-05111-CW

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Filed 04/21/2008

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*

* ORDER

*

3 PURSUANT TO STIPULATION, THE FOLLOWING IS SO ORDERED: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DATED: _____________ 24 25 26 27 28 4
STIP. AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND ENLARGEMENT OF PAGE LIMITATIONS CASE NO.: C 07 5111(JSW)

1.

Defendants shall file and serve answers or otherwise respond to the

Complaint by May 23, 2008. In the event that Defendants file and serve any motion directed at the Complaint, Lead Plaintiffs shall file and serve an opposition by July 18, 2008. If Defendants file and serve a reply to Lead Plaintiffs' opposition, they will do so by August 8, 2008. The hearing on any motion directed at the Complaint will be set for August 22, 2008. 2. In the event that Defendants move to dismiss the Complaint and file an

omnibus brief in support thereof, the following page limits shall apply to the memoranda of points and authorities filed in support, opposition or reply to the motion to dismiss the Complaint: Defendants' brief: Lead Plaintiffs' opposition brief: Defendants' reply brief: 35 pages 35 pages 20 pages

Such page limits do not include the table of contents or the table of authorities. 3. The parties have not waived and expressly retain all claims, defenses and

arguments whether procedural, substantive or otherwise, and are without prejudice to any subsequent motion to stay this action, and this Order is entered without prejudice to the rights of any party to apply for a modification of this Order for good cause.

________________________________________ The Hon. Jeffrey S. White United States District Judge