Filed: Feb. 21, 2017
Latest Update: Feb. 21, 2017
Summary: STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT EDWARD M. CHEN , District Judge . WHEREAS, Plaintiff Bobby M. Mathew ("Plaintiff") filed his Complaint for Violation of the Federal Securities Laws on January 18, 2017 ("Complaint"); against Brocade Communications Systems, Inc., David L. House, Lloyd A. Carney, Judy Bruner, Renato A. DiPentima, Alan L. Earhart, John W. Gerdelman, Kim C. Goodman, L. William Krause, David E. Roberson and Sanjay Vaswani (collectively, "Brocade Defend
Summary: STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT EDWARD M. CHEN , District Judge . WHEREAS, Plaintiff Bobby M. Mathew ("Plaintiff") filed his Complaint for Violation of the Federal Securities Laws on January 18, 2017 ("Complaint"); against Brocade Communications Systems, Inc., David L. House, Lloyd A. Carney, Judy Bruner, Renato A. DiPentima, Alan L. Earhart, John W. Gerdelman, Kim C. Goodman, L. William Krause, David E. Roberson and Sanjay Vaswani (collectively, "Brocade Defenda..
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STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT
EDWARD M. CHEN, District Judge.
WHEREAS, Plaintiff Bobby M. Mathew ("Plaintiff") filed his Complaint for Violation of the Federal Securities Laws on January 18, 2017 ("Complaint"); against Brocade Communications Systems, Inc., David L. House, Lloyd A. Carney, Judy Bruner, Renato A. DiPentima, Alan L. Earhart, John W. Gerdelman, Kim C. Goodman, L. William Krause, David E. Roberson and Sanjay Vaswani (collectively, "Brocade Defendants"), Broadcom Limited, and Broadcom Corporation;
WHEREAS, Brocade Defendants waived service of the Complaint, and their responses to the Complaint are currently due April 3, 2017;
WHEREAS, the Court has ordered this case related to five other cases currently pending in the Northern District of California, entitled Steinberg v. Brocade Communications Systems, Inc., et al., Case No. 3:16-cv-07081-EMC, Gross v. Brocade Communications Systems, Inc., et al., Case No. 3:16-cv-07173-EMC, Jha v. Brocade Communications Systems, Inc., et al., Case No. 3:16-cv-07270-EMC, and Bragan v. Brocade Communications Systems, Inc., et al., Case No. 4:16-cv-07271-EMC, and Chuakay v. Brocade Communications Systems, Inc, et al., Case No. 3:17-cv-00058-EMC;
WHEREAS, counsel for Plaintiff and counsel for Brocade Defendants have stipulated that Brocade Defendants need not answer the Complaint and shall meet and confer on a schedule after consolidation of this case and the above-referenced cases and after the appointment of a lead plaintiff and lead counsel pursuant to the Private Securities Litigation Reform Act of 1995 and the lead plaintiff's filing of a consolidated amended complaint;
NOW, THEREFORE, the parties, by and through their respective counsel, stipulate and agree as follows:
1. Brocade Defendants shall not be required to, and shall not waive any rights, arguments, or defenses by waiting to, answer, move, or otherwise respond to the Complaint in this action;
2. Brocade Defendants and Plaintiff shall meet and confer on a schedule after consolidation and after the appointment of a lead plaintiff and lead counsel pursuant to the Private Securities Litigation Reform Act of 1995 and the lead plaintiff's filing of a consolidated amended complaint;
3. Nothing in this Stipulation shall be construed as a waiver of any of Brocade Defendants' rights or positions in law or in equity, or as a waiver of any defenses that the Brocade Defendants would otherwise have, including, without limitation, jurisdictional defenses.
IT IS SO STIPULATED.
Dated: February 16, 2017 WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
BORIS FELDMAN
By: /s/ Boris Feldman
Boris Feldman
650 Page Mill Road
Palo Alto, CA 94304
Telephone: (650) 493-9300
Facsimile: (650) 493-6811
boris.feldman@wsgr.com
Attorneys for Defendants Brocade
Communications Systems, Inc., Judy Bruner,
Lloyd A. Carney, Renato A. DiPentima,
Alan L. Earhart, John W. Gerdelman, Kim C.
Goodman, David L. House, L. William Krause,
David E. Roberson and Sanjay Vaswani
Dated: February 16, 2017 ROBBINS GELLER RUDMAN & DOWD LLP
DAVID T. WISSBROECKER
By: /s/ David T. Wissbroecker
David T. Wissbroecker
655 W Broadway
Suite 1900
San Diego, CA 92101
Facsimile: (619) 231-7423
Email: dwissbroecker@rgrdlaw.com
Attorneys for Plaintiff
ORDER
GOOD CAUSE HAVING BEEN SHOWN, it is hereby ordered that:
1. Brocade Defendants will not be required to, and shall not waive any rights, arguments, or defenses by waiting to, answer move, or otherwise respond to the Complaint in this action;
2. Brocade Defendants and Plaintiff shall meet and confer on a schedule after consolidation and after the appointment of a lead plaintiff and lead counsel pursuant to the Private Securities Litigation Reform Act of 1995 and the lead plaintiff's filing of a consolidated amended complaint;
3. Nothing in this Stipulation shall be construed as a waiver of any of Defendants' rights or positions in law or in equity, or as a waiver of any defenses that Brocade Defendants would otherwise have, including, without limitation, jurisdictional defenses.
IT IS SO ORDERED.
ATTESTATION
I, Boris Feldman, am the ECF user whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND TO COMPLAINT. In compliance with Civil Local Rule 5-1(i)(3), Thereby attest that David T. Wissbroecker has concurred in this filing.