In re Ditech Networks, Inc. Derivative Litigation

Full title: In re DITECH NETWORKS, INC. DERIVATIVE LITIGATION This Document Relates…

Court: United States District Court, N.D. California, San Jose Division

Date published: Aug 3, 2007

Case No. C 06-05157 JF (N.D. Cal. Aug. 3, 2007)

Opinion

Case No. C 06-05157 JF.

August 3, 2007

DARRYL P. RAINS (State Bar No. 104802), EUGENE ILLOVSKY (State Bar No. 117892), BRIAN L. LEVINE (State Bar No. 246726), MORRISON FOERSTER LLP, Palo Alto, California, Attorneys for defendants Timothy K. Montgomery, Serge Stepanoff, William J. Tamblyn, Toni M. Bellin, Robert T. DeVincenzi, Lowell B. Trangsrud, James H. Grady, Lee H. House, Ian M. Wright, Chalan M. Aras, Gregory M. Avis, William A. Hasler, Andrei M. Manoliu, David M. Sugishita and Edwin L. Harper.

SCHIFFRIN BARROWAY TOPAZ KESSLER, LLP, Emanuel Shachmurove, Eric L. Zagar, Robin Winchester, Emanuel Shachmurove, Radnor, PA.

LERACH COUGHLIN STOIA GELLER RUDMAN ROBBINS LLP, Shawn A. Williams (213113), Monique C. Winkler (213031), Aelish Baig, San Francisco, CA, Attorneys for Plaintiffs.

MORRISON FOERSTER LLP, Brian L. Levine, Palo Alto, California, Attorneys for Plaintiffs.

STIPULATION AND [PROPOSED] ORDER SETTING PLEADING SCHEDULE

JEREMY FOGEL, District JudgePage 1

WHEREAS, on July 16, 2007, the court granted with leave to amend, defendants' motions to dismiss for failure to state a claim and deferred the motion to dismiss for failure to make a demand.

WHEREFORE, IT IS STIPULATED AND AGREED by Plaintiffs and Defendants, through their respective counsel of record, subject to the approval of the Court:

1. Plaintiffs shall file an amended complaint by no later than September 7, 2007.

2. Defendants shall file a motion to dismiss the amended complaint by no later than October 22, 2007.

3. Plaintiffs shall file an opposition to Defendants' motion to dismiss by no later than November 21, 2007.

4. Defendants shall reply to Plaintiffs' opposition to Defendants' motion to dismiss by no later than December 21, 2007.

5. The Hearing on the motion to dismiss shall be scheduled for January 7, 2008 at 9:00 a.m., subject to the approval of the Court.

I, Brian L. Levine, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER SETTING PLEADING SCHEDULE. In compliance with General Order 45, X.B., I hereby attest that Emanuel Shachmurove has concurred in this filing.

* * * ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.