Opinion
Master File No. CV-11-04248-PJH
11-17-2011
In re GOOGLE INC. SHAREHOLDER DERIVATIVE LITIGATION This Document Relates To: ALL ACTIONS
WILSON SONSINI GOODRICH & ROSATI Professional Corporation By: Elizabeth C. Peterson Attorneys for Defendants and Nominal Defendant Google Inc. ROBBINS GELLER RUDMAN & DOWD LLP DARREN J. ROBBINS TRAVIS E. DOWNS III BENNY C. GOODMAN III ERIK W. LUEDEKE By: Benny C. Goodman III ROBBINS GELLERRUDMAN & DOWD LLP SHAWN A. WILLIAMS ROBBINS UMEDA LLP BRIAN J. ROBBINS FELIPE J. ARROYO SHANE P. SANDERS GINA STASSI POMERANTZHAUDEKGROSSMAN & GROSS LLP MARC I. GROSS JEREMY A. LIEBERMAN JASON S.COWART FEI-LU QIAN POMERANTZHAUDEKGROSSMAN & GROSS LLP PATRICK V. DAHLSTROM Lead Counsel for Plaintiffs
BORIS FELDMAN, State Bar No. 128838
ELIZABETH C. PETERSON, State Bar No. 194561
CHERYL FOUNG, State Bar No. 108868
DIANE M. WALTERS, State Bar No. 148136
BRYSON S. SANTAGUIDA, State Bar No. 255173
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
Attorneys for Defendants Larry Page, Sergey
Brin, Eric E. Schmidt, L. John Doerr, John L.
Hennessy, Paul S. Otellini, K. Ram Shriram,
Shirley M. Tilghman, Nikesh Arora, Patrick
Pichette, and Nominal Defendant Google Inc.
STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING
SCHEDULE FOR DEFENDANTS' RESPONSE TO COMPLAINT AS MODIFIED
JUDGE: Hon. Phyllis J. Hamilton
WHEREAS, on October 24, 2011, plaintiffs filed their Verified Consolidated Shareholder Derivative Complaint (the "Complaint");
WHEREAS, pursuant to the September 19, 2011 Stipulation and Order Consolidating Actions and Appointing Lead Counsel entered by the Court (Dkt. #15), Defendants have thirty days from the October 24, 2011 filing of the Complaint, or until November 23, 2011, to respond to the Complaint;
WHEREAS, due to intervening circumstances, including a death in the immediate family of one of Defendants' attorneys, Defendants have requested, subject to Court approval, that the deadline for Defendants to respond to the Complaint be extended until December 14, 2011, and plaintiffs have agreed to the requested extension;
WHEREAS, the parties have further agreed, subject to Court approval, that plaintiffs' opposition to Defendants' motion(s) to dismiss shall be filed no later than January 31, 2012, and Defendants' reply memoranda shall be filed no later than March 1, 2012;
WHEREAS, the requested extension is not for the purpose of delay and will not prejudice any party;
WHEREAS, the parties have further met and conferred regarding applicable page-length requirements and have agreed that in the event that Defendants file a consolidated motion in response to the Complaint, rather than multiple, individual motions, Defendants shall have the option to file a single, consolidated motion not to exceed 50 pages, in lieu of filing separate 25-page briefs;
WHEREAS, in the event that Defendants file a single, consolidated motion in response to the Complaint, Plaintiffs shall have the option of filing a single, consolidated opposition brief of equal length;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, subject to Court approval, as follows:
1. Defendants shall have until December 14, 2011 to respond to the Complaint;
2. Plaintiffs shall have until January 31, 2012 to file their brief(s) in opposition to Defendants' motion(s) to dismiss;
3. Defendants shall have until March 1, 2012 to file their reply brief(s);
4. Defendants shall have the option to file a single, consolidated motion in response to the Complaint not to exceed 40 pages, in lieu of filing separate 25-page briefs; and
5. In the event that Defendants file a single, consolidated motion, plaintiffs shall have the option of filing a single, consolidated opposition of equal length.
Respectfully submitted,
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
By: Elizabeth C. Peterson
Attorneys for Defendants and Nominal
Defendant Google Inc.
ROBBINS GELLER RUDMAN
& DOWD LLP
DARREN J. ROBBINS
TRAVIS E. DOWNS III
BENNY C. GOODMAN III
ERIK W. LUEDEKE
By: Benny C. Goodman III
ROBBINS GELLERRUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
ROBBINS UMEDA LLP
BRIAN J. ROBBINS
FELIPE J. ARROYO
SHANE P. SANDERS
GINA STASSI
POMERANTZHAUDEKGROSSMAN
& GROSS LLP
MARC I. GROSS
JEREMY A. LIEBERMAN
JASON S.COWART
FEI-LU QIAN
POMERANTZHAUDEKGROSSMAN
& GROSS LLP
PATRICK V. DAHLSTROM
Lead Counsel for Plaintiffs I, Elizabeth C. Peterson, am the ECF user whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANTS' RESPONSE TO COMPLAINT. In compliance with General Order 45, X.B., I hereby attest that Benny C. Goodman III has concurred in this filing.
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
THE HONORABLE PHYLLIS J. HAMILTON
UNITED STATES DISTRICT JUDGE