Opinion
SCOTT+SCOTT LLP, ARTHUR L. SHINGLER III (181719), San Diego, CA.
SCOTT+SCOTT LLP, DAVID R. SCOTT, Colchester, CT, Lead Counsel for the Derivative Plaintiffs.
BRENDAN P. CULLEN (SBN 194057), Sullivan & Cromwell LLP, Palo Alto, California, Counsel for Defendant VeriFone, Holdings, Inc.
PATRICK D. ROBBINS (SBN152288), Shearman & Serling LLP, Attorney for Defendant Paul, Periolat.
STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS
ARTHUR L. SHINGLER, III District Judge.
WHEREAS, on December 10, 2009, Lead Plaintiff Charles King filed a Second Consolidated Amended Complaint (the "SAC");
WHEREAS, pursuant to the Stipulation and Order entered by the Court on January 8, 2010 (Docket Entry 77), nominal Defendant VeriFone Holdings, Inc. ("VeriFone") moved to dismiss the SAC, on January 25, 2010, on the ground that Lead Plaintiff lacks standing to sue derivatively on VeriFone's behalf because he did not make a pre-suit demand on VeriFone's Board of Directors;
WHEREAS, pursuant to the Stipulation and Order entered by the Court on March 4, 2010, Lead Plaintiff's brief in opposition to the motion to dismiss is currently due on March 31, 2010 (Docket Entry 88);
WHEREAS, Lead Plaintiff filed his brief in opposition to the motion to dismiss on March 31, 2010;
WHEREAS, Lead Plaintiff's brief was inadvertently not filed under seal in accordance with the Confidentiality Agreement between Plaintiffs and the Nominal Defendant;
WHEREAS, VeriFone, the Individual Defendants, Paul Periolat and Lead Plaintiff have conferred and agreed to extend the time for Lead Plaintiff to file his brief in opposition to the motion to dismiss by one day so that the brief may be filed under seal;
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, between Lead Plaintiff, VeriFone, the Individual Defendants and Paul Periolat, by and through their respective counsel, that:
1. Lead Plaintiff's brief in opposition to the motion to dismiss will be due on April 1, 2010.
2. This stipulation will not affect the other dates set forth in the Court's March 4, 2010 Order (Docket Entry 88).
IT IS SO STIPULATED.
ORDER
The foregoing joint motion is approved
AND IS SO ORDERED. Page limitations imposed by the previous order shall be followed.
I, Arthur L. Shingler, III, am the ECF user whose User ID and Password are being used to file this STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS. In compliance with General Order 45, X.B, I hereby attest that the other signatories listed have concurred in this filing.