STIPULATED REQUEST AND ORDER TO SET A BRIEFING SCHEDULE AND PAGE LIMITS FOR THE MOTION TO DISMISS BRIEFING PAPERS

CHARLES R. BREYER, District Judge.

Pursuant to Civil Local Rules 6-2, Plaintiff Christopher Liberty ("Plaintiff") and Defendants Frederick W. Smith, James L. Barksdale, John A. Edwardson, Shirley Ann Jackson, Steven R. Loranger, Gary W. Loveman, R. Brad Martin, Joshua Cooper Ramo, Susan C. Schwab, David P. Steiner, Paul S. Walsh (the "Individual Defendants"), and Nominal Defendant FedEx Corporation (together with Plaintiff and the Individual Defendants, the "Parties") by and through their undersigned counsel, respectfully stipulate and agree, subject to Court approval, to set a briefing schedule and page limits for Defendants' motion to dismiss Plaintiff's Shareholder Derivative Complaint ("Complaint"). In support of this stipulation, the Parties state as follows:

WHEREAS, on August 21, 2014, Plaintiff filed a Shareholder Derivative Complaint for Breach of Fiduciary Duty against Defendants (Dkt. No. 1);

WHEREAS, on August 25, 2014, a summons was issued as to the Individual Defendants (Dkt. No. 7);

WHEREAS, the Individual Defendants have agreed to waive service of the complaint;

WHEREAS, the Parties met and conferred via telephone and have agreed on a briefing schedule for Defendants' motion to dismiss the Complaint whereby Defendants' opening briefing papers will be filed on November 21, 2014; Plaintiff's opposition papers will be filed on January 9, 2015; Defendants' reply papers will be filed on January 30, 2015; and, subject to the Court's availability, the Parties will set Febraury 13, 2015 as the hearing date for Defendants' motion to dismiss;

WHEREAS, Civil Local Rule 7-4(b) provides that memoranda of points and authorities may not exceed 25 pages, but this Court's Standing Order provides that any such memoranda may not exceed 15 pages;

WHEREAS, Defendants believe that, given the length of the Complaint, which spans 175 paragraphs over 66 pages, and the legal issues that must be addressed, the 15-page limit for memoranda of points and authorities would prevent the Parties from adequately setting forth their arguments in support of and in opposition to Defendants' motions to dismiss; and

WHEREAS, the Parties met and conferred and agree that, in the interests of the Parties and judicial economy, the Defendants should be permitted to file a memorandum of points and authorities in support of their motion to dismiss of up to 25 pages, and Plaintiff should be permitted to file a memorandum of points and authorities in support of his opposition to Defendants' motion to dismiss of up to 25 pages.

STIPULATION

NOW, THEREFORE, the Parties stipulate, subject to Court approval, as follows:

2. The deadline for Plaintiff to file its opposition to Defendants' motion to dismiss is January 9, 2015.

3. The deadline for Defendants to file their reply in support of their motion to dismiss is January 30, 2015.

4. Subject to the Court's availability, the Parties will set February 13, 2015 as the hearing date for Defendants' motion to dismiss.

5. Defendants' memorandum of points and authorities in support of their motion to dismiss shall not exceed 25 pages.

6. Plaintiff's memorandum of points and authorities in support of his opposition to the motion to dismiss shall not exceed 25 pages.