Free Terminate Hearings - District Court of California - California

Case 4:07-cv-01500-CW

Document 69

Filed 08/26/2008

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1 SARA B. BRODY (No. 130222) 2 3 4 5 6 7 8 9 10 11 12 13 14

CAROL LYNN THOMPSON (No. 148079) CECILIA Y. CHAN (No. 240971) MATTHEW D. THURLOW (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] Attorneys for Defendant SONIC SOLUTIONS [Additional counsel appear on signature page] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C-07-1500-CW STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE
AS MODIFIED

15 RALPH D. WILDER, et al., Derivatively

on Behalf of SONIC SOLUTIONS, 16 Plaintiffs, 17
18 19 20 21

vs. ROBERT J. DORIS, et al., Defendants, ­ and ­ SONIC SOLUTIONS, a California Nominal Defendant.

22 corporation, 23 24 25 26 27 28

STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

Case 4:07-cv-01500-CW

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WHEREAS, the above-captioned action is a shareholder derivative action brought by

2 plaintiffs on behalf of nominal defendant Sonic Solutions ("Sonic") against its Board of 3 Directors and certain officers relating to Sonic's historical stock option grant practices; 4

WHEREAS, on August 2, 2007, this Court consolidated the following related

5 shareholder derivative actions Wilder v. Doris, Case No. 07-1500-CW; Walter v. Doris, Case 6 No. 07-2344-CW; Forseth v. Doris, Case No. 07-3178-CW; and Doolittle v. Doris, Case No. 7 07-3361-CW, appointed plaintiffs Andrew Walter and James Forseth as Lead Plaintiffs 8 ("Lead Plaintiffs") and appointed the law firm of Schiffrin Barroway Topaz & Kessler, LLP 9 as Lead Counsel; 10

WHEREAS, Lead Plaintiffs and plaintiff James Pinno filed a Consolidated Complaint

11 on April 30, 2008 for which Defendants' response is currently due on August 26, 2008 12 pursuant to a prior stipulation; 13

WHEREAS, on July 24, 2008, counsel for Defendants and Lead Plaintiffs participated

14 in a mediation before the Honorable Howard B. Weiner (Ret.) at JAMS and settlement 15 discussions between the parties are continuing; and 16

WHEREAS, counsel for Lead Plaintiffs and Defendants have met and conferred

17 and have agreed to schedule a further mediation session with Judge Weiner (Ret.) on 18 October 7, 2008. 19

THEREFORE, IT IS STIPULATED AND AGREED by Lead Plaintiffs and

20 Defendants, through their respective counsel of record, as follows: 21

1.

Plaintiffs and Defendants agree to extend the deadlines for Defendants to

22 file a response to the Complaint, including any Motion to Dismiss, until November 25, 23 2008 to permit the parties time to conduct further settlement negotiations. In the event 24 these further negotiations are unsuccessful and Defendants file a Motion to Dismiss, 25 Plaintiffs agree to file any Opposition to Defendants' Motion to Dismiss no later than 26 January 8, 2009 and Defendants' agree to file a Reply brief no later than January 29, 27 2009. The parties further agree that the hearing for the Motion to Dismiss shall, the 28 Court's schedule permitting, be set for February 12, 2009 at 2 p.m. 1
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

Case 4:07-cv-01500-CW

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2.

By executing this Stipulation, the parties have not waived and expressly

2 retain all claims, defenses and arguments whether procedural, substantive or otherwise, 3 and are without prejudice to any subsequent motion to stay this action, and this Order is 4 entered without prejudice to the rights of any party to apply for a modification of this 5 Order for good cause. 6

IT IS SO STIPULATED. HELLER EHRMAN LLP

7 DATED: August 20, 2008 8 9 10 11 12 13

/s/ Sara B. Brody SARA B. BRODY CAROL LYNN THOMPSON CECILIA Y. CHAN MATTHEW D. THURLOW Attorneys for Defendant SONIC SOLUTIONS I, Sara B. Brody, am the ECF user whose ID and password are being used to file

14 this Stipulation and [Proposed] Order Setting Schedule. In compliance with General

Order 45, X.B., I hereby attest that Nichole Browning of Schiffrin Barroway Topaz &
15 Kessler, LLP has concurred in this filing. 16

DATED: August 20, 2008
17 18 19 20 21 22 23 24 25 26 27 28

SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP

/s/ Nichole Browning ERIC L. ZAGAR NICHOLE BROWNING DANIEL ALBERT Attorneys for Lead Plaintiffs ANDREW WALTER JAMES FORSETH

2
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

Case 4:07-cv-01500-CW

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*

* ORDER

*

3 PURSUANT TO STIPULATION SETTING SCHEDULE, IT IS SO ORDERED. A CASE MANAGEMENT CONFERENCE WILL ALSO BE HELD ON 2/12/09 @ 2:00 P.M. 4 WHETHER OR NOT ANY MOTION IS FILED. 5 DATED: ____________________ 8/26/08 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

_______________________________ The Honorable Claudia Wilken United States District Judge