Free Stipulation and Order - District Court of California - California

Case 5:08-cv-01033-RMW

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Filed 02/26/2008

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M ORGAN , L EWIS & B OCKIUS LLP
ATTORNEYS AT LAW

JOHN H. HEMANN (State Bar No. 165823) JOSEPH E. FLOREN (State Bar No. 168292) JONATHAN M. DEGOOYER (State Bar No. 221007) LAURA A. LEE (State Bar No. 246032) MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, CA 94105 Telephone: 415.442.1000 Facsimile: 415.442.1001 E-mail: [email protected] [email protected] [email protected] [email protected] Attorneys for Nominal Defendant EXTREME NETWORKS, INC.
*E-FILED - 2/26/08*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION

YENNA WU, Derivatively on Behalf of Nominal Defendant EXTREME NETWORKS, INC., Plaintiff, vs. GORDON L. STITT, et al., Defendants, and EXTREME NETWORKS, INC., Nominal Defendant.

Case No. C-07-02268-RMW STIPULATION AND [] ORDER CONSOLIDATING CASES FOR ALL PURPOSES AND ESTABLISHING PLEADING AND BRIEFING SCHEDULE

STIPULATION AND [] ORDER

Case 5:08-cv-01033-RMW

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M ORGAN , L EWIS & B OCKIUS LLP
ATTORNEYS AT LAW

TO BE CONSOLIDATED WITH: LINDA ERIKSON, Derivatively on Behalf of Nominal Defendant EXTREME NETWORKS, INC., Plaintiff, vs. GORDON L. STITT, et al., Defendants, and EXTREME NETWORKS, INC., Nominal Defendant. FRANK A. GRUCEL, JR., Derivatively on Behalf of Nominal Defendant EXTREME NETWORKS, INC., Plaintiff, vs. GORDON L. STITT, et al., Defendants, and EXTREME NETWORKS, INC., Nominal Defendant. TO THE HONORABLE COURT: Plaintiffs and Defendants hereby stipulate and agree, by and through their undersigned counsel of record, as follows: WHEREAS, there are three derivative actions pending in the Northern District of California against nominal defendant Extreme Networks, Inc., as well as some or all of the individual defendants named in this action, captioned as follows: Case No. C-07-02848-RMW Case No. C-07-02388-RMW

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STIPULATION AND [] ORDER

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M ORGAN , L EWIS & B OCKIUS LLP
ATTORNEYS AT LAW

Case Name Wu v. Stitt, et al. Erikson v. Stitt, et al. Grucel v. Stitt, et al.

Case No. C-07-02268-RMW C-07-02388-RMW C-07-02848-RMW

Filing Date April 25, 20071 May 2, 2007 May 31, 2007

WHEREAS, on June 18, 2007, each of the above-listed actions was ordered related and assigned to the Honorable Ronald M. Whyte; WHEREAS, the above-listed actions arise out of the same transactions and occurrences and involve the same or substantially similar issues of law and fact, and therefore, meet the criteria for consolidation for all purposes pursuant to Federal Rule of Civil Procedure 42(a); WHEREAS, on May 22, 2007, counsel for the parties to the Wu and Erikson actions filed a stipulation to consolidate the Wu and Erikson actions, upon which the Court deferred action on June 1, 2007; WHEREAS, on June 8, 2007, counsel for plaintiff Grucel filed a motion to consolidate all three of the above-listed actions and to appoint Grucel as lead plaintiff and his counsel as lead counsel in the consolidated action, the hearing for which has been set for July 27, 2007 at 9:00 a.m.; WHEREAS, on July 6, 2007, nominal defendant Extreme Networks, Inc. filed a Statement of Non-Opposition to plaintiff Grucel's June 8, 2007 motion to consolidate all three of the abovelisted actions and to appoint Grucel as lead plaintiff and his counsel as lead counsel in the consolidated action, stating its agreement that the above-listed actions should be consolidated and taking no position regarding the appointment of lead plaintiff and lead counsel; and, WHEREAS, all plaintiffs and all defendants who have been served and/or appeared in the above-listed actions, by and through undersigned counsel ("Defendants") agree to consolidation of the above-listed cases for all purposes; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for all parties, as follows:

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Plaintiff Wu filed an amended complaint on June 15, 2007. 3
STIPULATION AND [] ORDER

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1.

The following actions are consolidated for all purposes, including pretrial

proceedings, trial, and appeal: Case Name Wu v. Stitt, et al. Erikson v. Stitt, et al. Grucel v. Stitt, et al. 2. Case No. C-07-02268-RMW C-07-02388-RMW C-07-02848-RMW Filing Date April 25, 2007 May 2, 2007 May 31, 2007

The caption of these consolidated actions shall be "In re Extreme Networks, Inc.

Shareholder Derivative Litigation" and the files of these consolidated actions shall be maintained in one file under Master File No. C-07-2268-RMW. Any other actions now pending or later filed in this Court which arise out of or are related to the same facts alleged in the above-listed actions shall be consolidated for all purposes, if and when they are brought to the Court's attention. 3. All pleadings filed in the consolidated actions, or in any separate action included

herein, shall bear the following caption: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

In re EXTREME NETWORKS, INC. SHAREHOLDER DERIVATIVE LITIGATION

Case No. C-07-02268-RMW

This Document Relates To: 22 23 24 25 26 27 28
M ORGAN , L EWIS & B OCKIUS LLP
ATTORNEYS AT LAW

4.

When a pleading is intended to be applicable to all actions governed by this Order,

the words "All Actions" shall appear after the words "This Document Relates To:" in the abovecaption. When a pleading is to be applicable to only some, but not all, of the consolidated actions, this Court's docket number for each individual action to which the pleading is intended to be applicable and the abbreviated case name of said action shall appear after the words "This 4
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M ORGAN , L EWIS & B OCKIUS LLP
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Document Relates To:" in the above-caption. 5. A Master Docket and a Master File are established for the above-listed

consolidated actions and for all other related actions filed or transferred to this Court. Separate dockets shall continue to be maintained for each of the individual actions hereby consolidated, and entries shall be made in the docket of each individual case in accordance with the regular procedures of the clerk of this Court, except as modified by this Order. 6. When a pleading is filed and the caption shows that it is applicable to "All

Actions," the clerk shall file such a pleading in the Master File and note such filing in the Master Docket. No further copies need be filed, and no other docket entries need be made. 7. When a pleading is filed and the caption shows that it is to be applicable to fewer

than all of the consolidated actions, the clerk will file such pleading in the Master File only, but shall docket such filing on the Master Docket and the docket of each applicable action. 8. If and when a case which properly belongs as part of In re Extreme Networks, Inc.

Shareholder Derivative Litigation is filed in or transferred to this Court, the clerk of this Court shall: (a) (b) Place a copy of this Order in the separate file for such action; Make to the attorneys for the plaintiff(s) in the newly-filed or transferred

case a copy of this Order and direct that this Order be served upon or mailed to any new defendant(s) or their counsel in the newly-filed or transferred case; and, (c) Make an appropriate entry on the Master Docket. This Court requests the

assistance of counsel in calling to the attention of the clerk of this Court the filing or transfer or any case which properly might be consolidated as part of In re Extreme Networks, Inc. Shareholder Derivative Litigation. 9. This Stipulation and Order shall have no effect on the appointment of lead plaintiff

and lead plaintiff's counsel in the consolidated action, which will be determined separately. 10. Plaintiffs shall have forty-five (45) days from the entry of the Court's Order

appointing lead plaintiff(s) and lead counsel in the consolidated action to file a Consolidated

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Complaint, which will supersede all existing complaints filed in these actions. Defendants need not respond to any of the complaints currently on file. Service, pursuant to Rule 4 of the Federal Rules of Civil Procedure, of any of the pre-existing complaints on any of the defendants, or their counsel, shall constitute sufficient service on that defendant. Plaintiffs shall serve the Consolidated Complaint on counsel for Defendants, who shall return waivers of service on behalf of each individual defendant. 10. Each defendant shall answer or otherwise respond to the Consolidated Complaint

no later than forty-five (45) days after the date of filing. In the event that defendants file and serve any motion directed at the Consolidated Complaint, plaintiffs shall file and serve their opposition no later than forty-five (45) days after service of defendants' motion. If defendants file and serve a reply to plaintiffs' opposition, they will do so no later than twenty (20) days after service of the opposition. IT IS SO STIPULATED. Dated: July 10, 2007 MORGAN, LEWIS & BOCKIUS LLP JOHN H. HEMANN JOSEPH E. FLOREN JONATHAN M. DEGOOYER LAURA A. LEE

By:_______/s/ Joseph E. Floren___________ Joseph E. Floren One Market, Spear Street Tower San Francisco, CA 94105-1126 Telephone: (415) 442-1000 Facsimile: (415) 442-1001 Attorneys For Nominal Defendant Extreme Networks, Inc.

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Dated: July 10, 2007

SCHIFFRIN, BARROWAY, TOPAZ & KESSLER, LLP ALAN R. PLUTZIK ROBERT M. BRAMSON L. TIMOTHY FISHER

By:_______/s/ Alan R. Plutzik____________ Alan R. Plutzik 2125 Oak Grove Road, Suite 120 Walnut Creek, CA 94598 Telephone: (925) 945-0770 Facsimile: (925) 945-8792 SCHIFFRIN, BARROWAY, TOPAZ & KESSLER, LLP ERIC. L. ZAGAR ROBIN WINCHESTER NICHOLE BROWNING J. DANIEL ALBERT 280 King of Prussia Road Radnor, PA 19087 Telephone: (610) 667-7706 Facsimile: (610) 667-7056 Attorneys for Plaintiffs Yenna Wu and Linda Erikson

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Dated: July 10, 2007

LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP JOHN K. GRANT SHAWN A. WILLIAMS MONIQUE C. WINKLER AELISH M. BAIG

By:_______/s/ Shawn A. Williams_________ Shawn A. Williams 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: (415) 288-4545 Facsimile: (415) 288-4534 LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP DARREN J. ROBBINS TRAVIS E. DOWNS III KATHLEEN A. HERKENHOFF JAMES J. JACONETTE BENNY C. GOODMAN III MARY LYNNE CALKINS 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP THOMAS G. WILHELM 9601 Wilshire Blvd., Suite 510 Los Angeles, CA 90210 Telephone: (310) 859-3100 Facsimile: (310) 278-2148 Attorneys for Plaintiff Frank A. Grucel, Jr. I, Joseph E. Floren, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER. I hereby attest that each of the two signatories identified above has concurred in this filing.

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ORDER PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO ORDERED.

8/2 DATED: __________________, 2007
Hon. Ronald M. Whyte United States District Judge

1-SF/7572139.3

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