STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

SAMUEL CONTI, District Judge.

Pursuant to N.D. Cal. Civil Local Rules 6-2 and 7-12, the parties respectfully submit the following Stipulation and [Proposed] Order Continuing the Initial Case Management Conference currently set for December 12, 2014, at 10:00 a.m.

WHEREAS, on March 27, 2014, the Court entered a scheduling order (ECF No. 46) (the "Scheduling Order"): (1) requiring plaintiffs Ralph Saraceni and James Donnelly ("Plaintiffs") to file an amended shareholder derivative complaint by no later than April 4, 2014; and (2) continuing the Initial Case Management Conference to August 22, 2014;

WHEREAS, pursuant to the Scheduling Order, Plaintiffs filed their Consolidated First Amended Shareholder Derivative Complaint on April 4, 2014 (ECF No. 47) (the "Amended Complaint");

WHEREAS, pursuant to the Scheduling Order, defendants Andrew M. Miller, Betsy S. Atkins, John A. Kelley, D. Scott Mercer, William A. Owens, and Kevin T. Parker, as well as nominal defendant Polycom, Inc. (collectively, "Defendants"), filed motions to dismiss the Amended Complaint on May 23, 2014 (ECF Nos. 48, 51) (the "Motions to Dismiss"), with a hearing set for August 22, 2014;

WHEREAS, on July 10, 2014, the Court entered a modified scheduling order (ECF No. 57) (the "Modified Scheduling Order"): (1) requiring Plaintiffs to file their omnibus opposition to Defendants' Motions to Dismiss no later than August 8, 2014; (2) requiring Defendants to file reply briefs in support of their Motions to Dismiss no later than September 5, 2014; (3) continuing the hearing date for Defendants' Motions to Dismiss to September 19, 2014; and (4) vacating the Initial Case Management Conference set for August 22, 2014;

WHEREAS, also on July 10, 2014, the Court rescheduled the Initial Case Management Conference to November 14, 2014 (ECF No. 58);

WHEREAS, pursuant to the Modified Scheduling Order, Plaintiffs filed their Opposition to Defendants' Motions to Dismiss on August 8, 2014 (ECF No. 59), and Defendants filed their reply briefs in support of their Motions to Dismiss on September 5, 2014 (ECF Nos. 60, 61);

WHEREAS, on September 16, 2014, the Court issued notice that it would decide Defendants' Motions to Dismiss on the papers, and vacated the hearing previously set for September 19, 2014 (ECF No. 62);

WHEREAS, on October 31, 2014, the Court continued the Initial Case Management Conference to December 12, 2014 (ECF No. 64);

WHEREAS, subject to the Court's approval, the parties respectfully request that the Court continue the Initial Case Management Conference currently set for December 12, 2014, while the Court considers Defendants' pending Motions to Dismiss, to be reset as the Court may order.

NOW, THEREFORE, subject to the Court's approval, the parties hereby stipulate and agree as follows:

IT IS SO STIPULATED.

Respectfully submitted,

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

The Case Management Conference is continued to Friday, 01/16/2015, at 10:00 a.m.