Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—OO831—SLFl Document 96-2 Filed O2/13/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE VERITAS SOFTWARE CORP. l Case No: 04-C\/-83l (SLR)
SECURITIES LITIGATION ( Consolidated Action
THIS DOCUMENT RELATES TO: i _ i
All Actions
STIPULATION AND [PROPOSED] ORDER
AMENDING SCHEDULING ORDER
BECAUSE OF PENDING MEDIATION
WHEREAS, the Court entered a Scheduling Order on July 10, 2006 pursuant ‘to
stipulation ofthe patties, which Scheduling Order is attached hereto as Exhibit A; i
WHEREAS, the Scheduling Order provides that all fact discovery will bc commenced in
time to be completed by July 31, 2007 (hereinafter "Fact Discovery Cut—off Date"), and provides
subsequent completion dates for expert reports, expert discovery and briefing of summary
judgment motions;
I WHEREAS, in September 2006, the parties agreed to attempt mediation of this litigation,
retained mediator Jonathan Marks, and undertook a short but intense period of limited document
discovery followed by the exchange of written submissions, which was to have been followed by I
- mediation in December 2006;
WHEREAS, following the limited document discovery and submissions, it was
determined by the mediator and the parties that additional discovery and supplementation of the
mediation record was necessary in order to conduct a meaningful mediation. Accordingly, it was
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Case 1:04-cv—OO831—SLR Document 96-2 Filed O2/13/2007 Page 2 of 4
agreed that the December mediation be postponed to allow for the additional fact finding efforts. 8 »
Those efforts are currently proceeding;
WHEREAS, the parties have conferred and agreed that the discovery cut—off date should
be extended to allow the parties sufticient time to pursue mediation, and, if mediation fails,
sufficient time to complete discovery;
WHEREAS, the parties have conferred concerning the discovery cut—off date and
· subsequent dates in the Scheduling Order, and have agreed, subject to approval of the Court, to
extend the discovery cut-off date 244 days from July 31, 2007 to March 31, 2008, and all other
. dates in the Scheduling Order accordingly;
NOW THEREFORE, the parties, by and through their undersigned counsel, hereby
° stipulate as follows: 2
The Scheduling Order entered July 10, 2006 is hereby amended to extend by 244
days the discovery cut-of f date and all subsequent dates, amending subparagraphs 3a and 3f and
paragraph 6 to read as follows:
[3]a. All fact discovery shall be commenced in time to be completed by March 31,
2008.
[3]1`. Opening reports from retained testifying experts under Rule 26(a)(2) shall be
served by May tl, 2008. Answering expert reports shall be served by May 29, 2008.
Rebuttal expert reports shall be served by July I, 2008. Expert discovery shall be
completed by September 18, 2008.
6. Summary Judgment Motions. All summaryjudgment motions shall be served
and tiled with an opening brief on or before October 23, 2008. Opposing memoranda
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Case 1:04-cv—OO831—SLR Document 96-2 Filed O2/13/2007 Page 3 of 4
shall be served and filed by December 7, 2003 and reply memoranda shall be served and
filed by January 6, 2009.
AGREED TO BY:
DATED: February , 2007 POTTER ANDERSON
& CORROON LLP
I4 b~"'-·O·Y"’ -
peter 1i,.11·. (oss 37)
1313 N. —ket St.
Hercules Plaza, 6"‘ Fl. _
P. O. Box 951 (
Wilmington, DE 19899-0951
Tel: (302) 984-6037
WILSON SONSINI GOODRICH
& ROSATI
Nina F. Locker
Peri B. Nielsen
650 Page Mill Road
. Palo Alto, CA 94304
Tel: (650) 493-9300
Attorneys for Defendants
DATED: Februaryé , 2007 ROSENTHAL, MONHAIT
& GODDESS, P.A.
ma /4%. _
Norman Monhait (DSBA #1040)
Citizens Bank Center, Ste. 1401
· P. O. Box 1070
Wilmington, DE 19899
` Tel: (302) 656-4433
Liaison Counsel for the Class
. _3__

Case 1:04-cv-00831-SLR Document 96-2 Filed O2/13/2007 Page 4 of 4
A HARWOOD FEFFER LLP
Robert 1. Harwood
Jeffrey M. Norton
488 Madison Avenue
New York, NY 10022
Tel: (212) 935-7400
. LABATON SUCHAROW
& RUDOFF LLP
Ira A. Schochet
David J. Goldsmith
100 Park Avenue
New York, NY 10017
s Y Tel: (212) 907-0700
SCHATZ NOBEL IZARD P.C.
Andrew M. Schatz
Barbara F. Wolf
One Corporate Center
20 Church St., Ste 1700
1—lartford, CT 06103
· . Tel: (860) 493-6292
C0-Lead Caurzselfor the Class
SO ORDERED:
DATED this ,_ day of , 2007.
Hon. Sue L. Robinson, -
United States District Judge
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