Free Stipulation - District Court of California - California

Case 4:07-cv-01500-CW

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Filed 06/06/2008

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1 SARA B. BRODY (No. 130222) CAROL LYNN THOMPSON (No. 148079) 2 CECILIA Y. CHAN (No. 240971) MATTHEW D. THURLOW (No. 243470) 3 HELLER EHRMAN LLP 4 333 Bush Street San Francisco, CA 94104-2878 5 Telephone: (415) 772-6000 Facsimile: (415) 772-6268 6 [email protected] [email protected] 7 [email protected] 8 [email protected] 9 Attorneys for Defendant SONIC SOLUTIONS 10 11 [Additional counsel appear on signature page] 12 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. C-07-1500-CW STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE

RALPH D. WILDER, et al., Derivatively on 15 Behalf of SONIC SOLUTIONS, 16 17 vs. Plaintiffs,

18 ROBERT J. DORIS, et al., 19 20 ­ and ­ Defendants,

21 SONIC SOLUTIONS, a California corporation, 22 Nominal Defendant. 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 Directors 3 and certain officers relating to Sonic's historical stock option grant practices; 4 WHEREAS, on August 2, 2007, this Court consolidated the following related shareholder

5 derivative actions Wilder v. Doris, Case No. 07-1500-CW; Walter v. Doris, Case No. 07-2344-CW; 6 Forseth v. Doris, Case No. 07-3178-CW; and Doolittle v. Doris, Case No. 07-3361-CW, appointed 7 plaintiffs Andrew Walter and James Forseth as Lead Plaintiffs ("Lead Plaintiffs") and appointed the 8 law firm of Schiffrin Barroway Topaz & Kessler, LLP as Lead Counsel; 9 WHEREAS, on February 26, 2008, Sonic completed its internal investigation into allegations

10 contained in the Complaint and filed a Form 10-K with the Securities Exchange Commission 11 detailing the results of the investigation; 12 WHEREAS, Lead Plaintiffs and plaintiff James Pinno filed a Consolidated Complaint on

13 April 30, 2008 for which Defendants' response is currently due on June 9, 2008 pursuant to a prior 14 stipulation; 15 WHEREAS, counsel for Lead Plaintiffs and Defendants have met and conferred and

16 have agreed to schedule a mediation of this dispute. 17 THEREFORE, IT IS STIPULATED AND AGREED by Lead Plaintiffs and Defendants,

18 through their respective counsel of record, as follows: 19 1. Plaintiffs and Defendants agree to extend the deadlines for Defendants to file a

20 response to the Complaint, including any Motion to Dismiss, until August 26, 2008 to permit the 21 parties time to conduct a mediation. In the event that the mediation is unsuccessful and 22 Defendants file a Motion to Dismiss, Plaintiffs agree to file any Opposition to Defendants' 23 Motion to Dismiss no later than October 10, 2008 and Defendants' agree to file a Reply brief no 24 later than October 31, 2008. The parties further agree that the hearing for the Motion to Dismiss 25 shall, the Court's schedule permitting, be set for November 20, 2008 at 2 p.m. 26 2. Plaintiffs and Defendants agree that the Case Management Conference scheduled

27 for August 28, 2008 at 2 p.m., will be rescheduled for November 20, 2008 at 2 p.m. Plaintiffs 28 1
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

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1 and Defendants agree to file a Joint Case Management Conference Statement no later than 2 November 10, 2008. 3 3. By executing this Stipulation, the parties have not waived and expressly retain all

4 claims, defenses and arguments whether procedural, substantive or otherwise, and are without 5 prejudice to any subsequent motion to stay this action, and this Order is entered without 6 prejudice to the rights of any party to apply for a modification of this Order for good cause. 7 IT IS SO STIPULATED. HELLER EHRMAN LLP

8 DATED: June 6, 2008 9 10 11 12 13 14

/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 this 15 Stipulation and [Proposed] Order Setting Schedule. In compliance with General Order 45, X.B., I hereby attest that Nichole Browning of Schiffrin Barroway Topaz & Kessler, LL has concurred 16 in this filing. 17 DATED: June 6, 2008 18 19 20 21 22 23 24 25 26 27 28 2
STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE CASE NO. 07-cv-01500-CW

SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP

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

Case 4:07-cv-01500-CW

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ORDER

2 PURSUANT TO STIPULATION SETTING SCHEDULE, IT IS SO ORDERED. 3 4 DATED: ____________________ 5 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