STIPULATION AND [PROPOSED] ORDER

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: (1) granting Plaintiffs an extension of time of three weeks, until and including March 5, 2015, by which to amend their complaint or take other appropriate action in response to the Court's January 13, 2015 "Order Granting in Part and Denying in Part Motions to Dismiss" (ECF No. 69) (the "January 13, 2015 Order"); and (2) continuing the Initial Case Management Conference currently set for February 20, 2015, at 10:00 a.m.

WHEREAS, Plaintiffs filed their Consolidated First Amended Shareholder Derivative Complaint on April 4, 2014 (ECF No. 47) (the "First 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 First 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, 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 January 13, 2015, the Court issued the January 13, 2015 Order, which granted in part and denied in part Defendants' Motions to Dismiss, and which further granted Plaintiffs thirty (30) days to amend the First Amended Complaint, until February 12, 2015;

WHEREAS, an Initial Case Management Conference is currently scheduled for February 20, 2015 at 10:00 a.m.;

WHEREAS, to enable Plaintiffs and counsel for Plaintiffs to fully evaluate the January 13, 2015 Order and determine whether to file a second amended complaint or take some other course of action in response to that order, Plaintiffs' counsel has requested, and Defendants have agreed, to allow Plaintiffs an extension of three (3) weeks, or until and including March 5, 2015, to file a second amended complaint or take other appropriate action in response to the January 13, 2015 Order;

WHEREAS, the parties have further agreed that, in the event Plaintiffs file a second amended complaint, the parties will meet and confer within ten (10) days of the filing regarding a schedule for Defendants' response to the second amended complaint, providing Defendants a minimum of thirty (30) days to respond, and the parties will file the proposed schedule with the Court;

WHEREAS, subject to the Court's approval, the parties respectfully request that the Court vacate the Initial Case Management Conference currently set for February 20, 2015, to be reset, as necessary, if Plaintiffs file a second amended complaint, and the parties thereafter submit a proposed schedule to the Court;

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

IT IS SO STIPULATED.

DECLARATION OF NATHAN R. HAMLER

I, Nathan R. Hamler, declare:

1. I am an attorney with Johnson & Weaver, LLP, lead counsel for plaintiffs. I make this declaration in support of the parties' Stipulation and [Proposed] Order Continuing Case Management Conference. The parties seek to continue the Initial Case Management Conference to be reset, if necessary, until after such time as Plaintiffs make an election to file an amended complaint and the parties submit a proposed schedule regarding further proceedings to the Court. The parties agree that a continuance is reasonable and appropriate.

2. This is the parties' seventh request for extension of time with respect to the Initial Case Management Conference since this derivative action was consolidated in October 2013. The parties' previous stipulated requests to continue the Initial Case Management Conference were filed on December 9, 2013 (ECF No. 35), March 27, 2014 (ECF No. 45), July 10, 2014 (ECF No. 56), October 30, 2014 (ECF No. 63), November 24, 2014 (ECF No. 65), and January 2, 2015 (ECF No. 68). The Court granted these six previous requests (see ECF Nos. 36, 46, 57, 64, 66, and 68).

3. The requested continuance will not impact any other deadlines or dates set by the Court.

I declare under penalty of perjury that the foregoing is true and correct. Executed on February 6, 2015, in San Diego, California.

PURSUANT TO STIPULATION, IT IS SO ORDERED.