Opinion
Master File No. C-06-07660-RMW
11-29-2011
In re FINISAR CORP. DERIVATIVE LITIGATION This Document Relates To: ALL ACTIONS.
ROBBINS GELLER RUDMAN & DOWD LLP SHAWN A. WILLIAMS (213113) CHRISTOPHER M. WOOD (254908) Post Montgomery Center - and - TRAVIS E. DOWNS III (148274) Co-Lead Counsel for Plaintiffs SAXENA WHITE P.A. MAYA SAXENA
ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS (213113)
CHRISTOPHER M. WOOD (254908)
Post Montgomery Center
- and
TRAVIS E. DOWNS III (148274)
Co-Lead Counsel for Plaintiffs
SAXENA WHITE P.A.
MAYA SAXENA
STIPULATION AND [] ORDER
EXTENDING THE DEADLINE FOR
FILING A MOTION FOR SUBSTITUTION
PURSUANT TO RULE 25(a)
WHEREAS, the Supplemental Second Amended Consolidated Verified Shareholder Derivative Complaint (the "SSAC"), the operative complaint in this matter, was filed on June 3, 2008 (Dkt. Nos. 62-65);
WHEREAS, the SSAC named defendants Jan Lipson and Larry D. Mitchell, among other defendants;
WHEREAS, Larry D. Mitchell passed away on January 22, 2010;
WHEREAS, Jan Lipson passed away on July 18, 2010;
WHEREAS, the parties' Request for Case Management Conference and Joint Case Management Conference Statement, filed on August 19, 2011 (Dkt. No. 112), made note of Mr. Mitchell's and Mr. Lipson's passing, arguably triggering the 90-day period within which any party may file a motion for substitution of a party pursuant to Rule 25(a) of the Federal Rules of Civil Procedure;
WHEREAS, in order to preserve the pending claims, and in light of the parties' upcoming mediation, the parties wish to extend the deadline by which a party must file a motion for substitution pursuant to Rule 25(a), until February 17, 2012; and
WHEREAS, the agreed-upon schedule is not for the purpose of delay, promotes judicial efficiency and will not cause prejudice to any party;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED by plaintiffs, the Lipson 2000 Revocable Trust Under Agreement Dated September 28, 2000 and the Mitchell Revocable Family Trust, through their respective counsel, subject to approval of the Court as follows:
1. The date within which any party must file a motion for substitution pursuant to Rule 25(a) is extended until February 17, 2012.
IT IS SO STIPULATED.
ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
CHRISTOPHER M. WOOD
_______________
CHRISTOPHER M. WOOD
Post Montgomery Center
ROBBINS GELLER RUDMAN
& DOWD LLP
TRAVIS E. DOWNS III
SAXENA WHITE P.A.
MAYA SAXENA
JOSEPH E. WHITE
Co-Lead Counsel for Plaintiffs
HOWARD RICE NEMEROVSKI CANADY
FALK & RABKIN, PC.
_______________
SARAH A. GOOD
Attorneys for Defendants
DAVID BUSE, JOHN DRURY, MARK
FARLEY, JOSEPH YOUNG and STEPHEN K.
WORKMAN and for the LIPSON 2000
REVOCABLE TRUST UNDER AGREEMENT
DATED SEPTEMBER 28, 2000
DLA PIPER
DAVID A. PRIEBE
_______________
DAVID A. PRIEBE
Attorneys for Nominal Defendant FINISAR
CORPORATION and the MITCHELL
REVOCABLE FAMILY TRUST
I, Christopher M. Wood, am the ECF User whose identification and password are being used to file the Stipulation and [Proposed] Order Extending the Deadline for Filing a Motion for Substitution Pursuant to Rule 25(a). In compliance with General Order 45.X.B, I hereby attest that Sarah A. Good and David A. Priebe have concurred in this filing.
By: _______________
CHRISTOPHER M. WOOD
ORDER
Having considered the parties' Stipulation, and good cause appearing, the Court hereby GRANTS the parties' Stipulation.
IT IS SO ORDERED.
THE HONORABLE RONALD M. WHYTE
UNITED STATES DISTRICT JUDGE