Free Stipulation - District Court of Delaware - Delaware

Case 1 :04-cv-00831-SLR Document 1 16 Filed 10/23/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE VERITAS SOFTWARE CORP. Case No: 04-CV-83} (SLR)
SECURITIES LITIGATION Consolidated Action
THIS DOCUMENT RELATES TO:
All Actions
STIPULATION AND [PROPOSED] ORDER AMENDING SCHEDULING
ORDER AND EXTENDING TIME FOR PLAINTIFFS TO RESPOND TO
Q DEFENDANTS’ MOTTON FOR SUMMARY JUDGMENT
WHEREAS, the Court entered a scheduling order on July I0, 2006, pursuant to
stipulation ofthe parties;
WHEREAS, the Court entered an amended scheduling order (the "Scheduling Order") on
February 14, 2007, pursuant to further stipulation ofthe parties;
WHEREAS, the Scheduling Order provides that all fact discovery will be commenced in
time to be completed by March 31, 2008 (hereinafter ‘°Fact Discovery Cut—Ot"f Date"), and
provides subsequent completion dates for expert reports, expert discovery and briefing of
summary judgment motions;
WHEREAS, the parties have been involved in ongoing settlement discussions, including
a mediation session on August 2-3, 2007;
WHEREAS, on September 19, 2007 Defendants served Plaintiffs with a motion for
summary judgment (the "l\/Iotion”); p
WHEREAS, on October 9, 2007, the Court approved a stipulation extending the deadline
O for Plaintiffs to respond to the Motion until October 30, 2007;
WHEREAS, the parties have agreed to continue mediation efforts and have scheduled
another mediation session before mediator Jonathan Marks for November 12, 2007;

Case 1:04-cv-00831-SLR Document 116 Filed 10/23/2007 Page 2 of 4
WHEREAS, in light of the forthcoming mediation, the parties have agreed to extend
Plaintiffs time to respond to the Motion and to extend the Fact Discovery Cut-Off Date and all
subsequent related dates;
I WHEREAS, the parties agree that the extension ofthe Fact Discovery Cut—~Off Date and
all subsequent dates shall not be construed as a waiver or endorsement of the pa1ties’ rights
concerning the nature, scope of, or time required to complete additional discovery;
E WHEREAS, the parties have conferred concerning the foregoing deadlines and have
agreed, subject to approval of the Court, to extend the deadline for Plaintiffs to respond to the
motion until four (4) weeks following the scheduled mediation session, until and including
December l0, 2007; and to extend the Fact Discovery Cut·Off Date by 92 days until June 30,
2008; and to extend all other dates in the Scheduling Order accordingly; I
NOW THEREFORE, the parties, by and through their undersigned counsel, hereby
stipulate as follows:
(i) Plaintiffs shall have until December 10, 2007 to tile their opposition to
Defendants’ Motion;
(ii) Paragraphs 3a and 3f and paragraph 6 of the Scheduling Order (as amended
O on February 14, 2007) shall be further amended as follows:
3a. All fact discovery shall be commenced in time to be completed by
J une 30, 2008.
3f. Opening reports from retained testifying experts under Rule
26(a)(2) shall be served by August 1, 2008. Answering expert reports shall be
served by August 29, 2008. Rebuttal expert reports shall be served by October
1, 2008. Expert discovery shall be completed by December 19, 2008.

Case 1:04-cv-00831-SLR Document 116 Filed 10/23/2007 Page 3 of 4
6. Summary Judgment Motions. All summary judgment motions
shall be served and tiled with an opening brief on or before January 23, 2009.
. Opposing memoranda shall be served and filed lay March 9, 2009, and reply
· memoranda shall be served and filed by April 8, 2009.
7 AGREED TO BY:
DATED: October 23, 2007 POTTER ANDERSON & CORROON LL?
/.9/ Kenneth L. Dorsney
Peter .1. Walsh, Jr. (BSBA #2437)
( Kenneth L. Dorsney (DSBA #3 726)
1 1313 N. Market St.
( Hercules Plaza, 6m Fl.
. P. O. Box 951
Wilmington, DE 19899-0951
Tel: (302) 984-6037
WILSON SONSINI GOODRICH & ROSAT!
Nina F. Locker
2 Perl B. Nielsen ‘
A 650 Page Mill Road
Palo Alto, CA 94304
Tel: (650) 493-9300
Attorneys for Defendants
i DATED: October 23, 2007 ROSENTHAL, MONHAIT & GODDESS, P.A.
/.9/ Norman Monhczit
1 Norman Monhait (DSBA #1040)
Citizens Bank Center, Ste. 1401
; P. O. Box 1070
Wilmington, DE 19899
Q Tel: (302) 656-4433
Liaison Counsel for Lead Plaintwfv and the Class
-3-

Case 1:04-cv-00831-SLR Document 116 Filed 10/23/2007 Page 4 of 4
HARWOOI} FEFFER LLP
Robertl. Harwood
Jeffrey M. Norton
488 Madison Avenue
New York, NY 10022
Tel: (212) 935-7400
LABATON SUCHAROW LLP
Q Ira A. Schochet
David J. Goldsmith _
140 Broadway
New York, NY 10005
Tel: (212) 907-0700
SCHATZ NOBEL IZAR1) P.C.
Andrew M. Schatz
Seth R. Klein
20 Church St., Ste 1700
Hartford, CT 06103
_ Tel: (860) 493-6292
C0-Lead Counsel for
Lead Plaintgffs and the Class
SO ORDERED:
DATED this day of , 2007.
‘ Hon. Sue L. Robinson
United States District Judge
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