Opinion
SUSAN S. MUCK (CSB NO. 126930), JENNIFER BRETAN (CSB NO. 233475), FENWICK & WEST LLP, San Francisco, California, JAY L. POMERANTZ (CSB NO. 209869), FELIX S. LEE (CSB NO. 197084), FENWICK & WEST LLP, SILICON VALLEY CENTER, Mountain View, California, Attorneys for Defendants Immersion Corporation, Victor A. Viegas, Clent Richardson, Stephen, Ambler, Richard Vogel and Daniel Chavez.
FENWICK & WEST LLP, By: Jennifer C. Bretan, Esq., San Francisco, California, Attorneys for Defendants, Immersion Corporation, Victor A., Viegas, Client Richardson, Stephen Ambler, Richard Vogel, and Daniel Chavez, BROWER PIVEN, A Professional Corporation, By: David A. P. Brower, New York, New York, Attorneys for Lead Plaintiff.
STIPULATION AND [PROPOSED] ORDER RE SCHEDULE FOR RESPONSES TO CONSOLIDATED COMPLAINT
(Civil L.R. 7-12)
MAXINE M. CHESNEY, District Judge.
WHEREAS, on January 12, 2010, this Court issued an order in the above-captioned action setting forth the following timing regarding the filing of Lead Plaintiff's Consolidated Complaint and the briefing of responses thereto (the "Briefing Schedule"):
(i) Lead Plaintiff shall file a Consolidated Complaint no later than 60 days after Immersion's anticipated restatement is filed with the U.S. Securities and Exchange Commission, but, absent further Order by the Court, in no event later than June 30, 2010;
(ii) Defendants shall move, answer or otherwise respond to the Consolidated Complaint within 60 days after the Consolidated Complaint is filed;
(iii) In the event Defendants move to dismiss the Consolidated Complaint, Lead Plaintiff shall file his opposition to Defendants' motion no later than 60 days after such motion is filed; and
(iv) In the event Defendants move to dismiss the Consolidated Complaint, Defendants shall file any replies to Lead Plaintiff's opposition to the motion to dismiss no later than 40 days after such opposition is filed.
WHEREAS, pursuant to the January 12, 2010 order, Lead Plaintiff filed his Consolidated Complaint on April 9, 2010, sixty (60) days after Immersion's February 8, 2010 restatement;
WHEREAS, the Consolidated Complaint named Richard Vogel as an additional defendant;
IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 7-12, by and between undersigned counsel for the Parties that: (i) Richard Vogel is a "Defendant" within the terms of the January 12, 2010 order; and (ii) the Briefing Schedule for responses to the Consolidated Complaint set out therein shall apply equally to Mr. Vogel.
PURSUANT TO STIPULATION, IT IS SO ORDERED.