CHARLES R. BREYER, District Judge.
Plaintiff Seth Olson ("Plaintiff") and defendants Riverbed Technology, Inc. ("Riverbed"), Jerry M. Kennelly, Michael Boustridge, Eric S. Wolford, Kimberly S. Stevenson, Christopher J. Schaepe, Mark S. Lewis, Mark A. Floyd, Steffan C. Tomlinson, Michael G. Nefkens, Thoma Bravo, LLC, Project Homestake Holdings, LLC ("Newco"), and Project Homestake Merger Corp. ("Merger Sub" and with Thoma Bravo, LLC and Newco, "Thoma Bravo") (collectively, "Defendants"), through their respective counsel, hereby stipulate as follows:
WHEREAS, on February 5, 2015, Plaintiff commenced this action (the "Action") by filing his Class Action Complaint for Violations of Federal Securities Law and Declaratory Relief (the "Complaint") against Defendants in connection with the proposed acquisition of Riverbed by Thoma Bravo that was first announced on December 15, 2014;
WHEREAS, there is a consolidated class action arising out of similar circumstances filed in the Court of Chancery of the State of Delaware entitled In re Riverbed Technology, Inc. Stockholders Litigation, Consol. C.A. No. 10484-VCG (the "Delaware Action");
WHEREAS, the parties to the Delaware Action reached an agreement in principle to resolve that action and entered into a Memorandum of Understanding on February 26, 2015;
WHEREAS, in this Action, a Case Management Conference ("CMC") is currently scheduled for May 8, 2015, at 8:30 a.m., and a joint case management statement (the "Joint CM Statement") is currently due by May 1, 2015; and
WHEREAS, Plaintiff and Defendants (the "Parties") agree that, in light of the developments in the Delaware Action and to preserve judicial and party resources, the CMC currently scheduled for May 8, 2015, and all deadlines associated with the CMC, should be continued for at least sixty days to enable the Parties time to assess the events in the Delaware Action and determine the best way to proceed in this Action.
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, subject to approval of the Court, as follows:
1. The CMC currently scheduled for Friday, May 8, 2015, at 8:30 a.m. shall be rescheduled to Friday, August 14, 2015, at 8:30 a.m., or until such date as is convenient to the Court.
2. The Joint CM Statement shall be due one week prior to the date of the CMC.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
IT IS SO ORDERED.