Opinion
Latham & Watkins LLP, Peter A. Wald (Bar No. 85705), peter.wald@lw.com, David M. Friedman (Bar No. 209214), david.friedman@lw.com, San Francisco, California.
Patrick E. Gibbs (Bar No. 183174), patrick.gibbs@lw.com, Andrew M. Farthing (Bar No. 237565), andrew.farthing@lw.com, Menlo Park, California, Attorneys for Defendant Ernst & Young LLP.
Latham & Watkins LLP, Andrew Farthing, Lowey Dannenberg Cohen & Hart, P.C.
By: Barbara J. Hart, David C. Harrison, White Plains, NY, Lead Counsel for Lead Plaintiff.
Schubert Jonckheer & Kolbe LLP, Willem F. Jonckheer, Two Embarcadero Center, San Francisco, CA, Local Counsel for Lead Plaintiff.
STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE AND EEARINGS ON CERTAIN MOTIONS
JAMES S. WARE, District Judge.
WHEREAS, on March 25, 2010, Lead Plaintiff Filed a Motion for Modification of Discovery Plan to Extend Merits Discovery, and noticed the motion for hearing on May 3, 2010 (Doc. 589);
WHEREAS, on April 2, 2010, this Court issued an Order Re Further Briefing Regarding Plaintiff's Objection to Magistrate Judge's Ruling, requiring Defendant Ernst & Young LLP ("EY") to respond to Plaintiff's Objection on or before April 9, 2010 and for Plaintiff to reply on or before April 14, 2010 (Doc. 594);
WHEREAS, on April 2, 2010, this Court held a preliminary settlement approval hearing regarding the settlement between Lead Plaintiff, the Juniper Defendants, and defendant Lisa C. Berry, at which the Court issued a tentative order to grant the Motion for Preliminary Approval, and took the matter under submission pending further order of the Court (Doc. 593);
WHEREAS, the settlement considered by the Court at the April 2, 2010 hearing did not include a settlement of the remaining claim against EY;
WHEREAS, on April 6, 2010, EY and Lead Plaintiff reached an agreement in principle to settle the claim asserted against EY;
WHEREAS, counsel for EY and Lead Plaintiff hope to include the settlement of the claim against EY in the same notice and final approval process as the settlement considered by the Court at the April 2, 2010 hearing;
WHEREAS, to that end, Lead Plaintiff anticipates filing a motion for preliminary settlement approval on or about April 23, 2010
WHEREAS, Lead Plaintiff and EY believe it will be most efficient for the parties and the Court to suspend briefing and argument on the pending discovery motions discussed above while the parties focus on presenting the settlement for preliminary approval;
NOW THEREFORE, the parties hereby stipulate, and request that the Court order, as follows:
1. Lead Plaintiff's Motion for Modification of Discovery Plan to Extend Merits Discovery, currently scheduled for hearing on May 3, 2010, is taken off-calendar;
2. Defendant EY need not file a response to Plaintiff's Objection to Magistrate Judge's Ruling on April 9, 2010, and the Objection to Magistrate Judge's Ruling will not be ruled upon unless and until EY submits a response;
3. Lead Plaintiff shall file its motion for preliminary approval of settlement and submit a revised Proposed Order Preliminarily Approving Settlement and Providing for Notice on or about April 23, 2010.
IT IS SO STIPULATED.
IT IS SO ORDERED AS MODIFIED:
The Court set the Hearing on Preliminary Approval of Settlement on May 3, 2010 at 9:00 AM
ATTESTATION
I, David M. Friedman, am the ECF user whose identification and password are being used to file the STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE AND HEARINGS ON CERTAIN MOTIONS. In compliance with General Order 45.X.B, I hereby attest that Barbara J. Hart concurs in this filing.