Free Scheduling Order - District Court of Delaware - Delaware

t Case 1 :04-cv-00831-SLR Document 73 Filed 07/10/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE VERITAS SOFTWARE CORP. Case No: O4—CV—831 (SLR)
SECURITIES LITIGATION Consolidated Action
THIS DOCUMENT REI-ATES TO:
All Actions DEMAND FOR IURY TRIAL
STIPULATION AND ORDER
WHEREAS, on July 7, 2004, plaintiff .Ioh.n Kuclc tiled in this District the tirst of three
securities class action complaints against VERITAS Software Corporation and certain of its
officers (collectively "Defendants");
WHEREAS, on March 3, 2005, the Court appointed Tay Siew Choon and Mark Leonov
as Lead Plaintiffs ("Plaintiffs");
WHEREAS, Plaintiffs tiled their Consolidated Amended Class Action Complaint
("CAC") on May 27, 2005;
WHEREAS, on May 23, 2006, the Court denied DefendanB' Motion to Dismiss;
WHEREAS, Defendants tiled their Answer to the CAC on June 7, 2006;
WHEREAS, the parties wish to establish a schedule for this litigation;
NOW THEREFORE, the parties hereby stipulate and agree, subject to the Court's
approval, to the following litigation schedule:
l. Pre—Discovery Disclosures. The parties will exchange by July 20, 2006, the
information required by Fed. R. Civ. P. 26(a)(l) and D. Del. LR 16.2..
2. The parties agree to negotiate a suitable Protective Order, subject to Court
approval, prior to the production of any documents in this case.
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3. Discovery.
a. All fact discovery shall be commenced in time to be completed by July 31,
2007.
b. Maximum of 25 interrogatories by each party to any other party.
c. Maximum of 30 requests for admission by each party to any other party.
d. Maximum of 20 depositions by Plaintiffs and 20 by Defendants.
e. Each deposition limited to a maximum of 7 hours unless extended by
agreement of parties or order ofthe Court.
f Opening reports from retained testifying experts under Rule 26(a)(2) shall
be served by nrittigust 31., Answering. expert reports `srrgrr be by September l 3 3 3 U
Rebuttal expert reports shall be served by October 31, 2007. Expert discovery shall be completed
by January IB, 2008.
g. Discovery Disputes. Any discovery dispute shall be submitted to the
Court pursuant to Fed. R. Civ. P. 37. During the course of discovery, each party is limited to
two (2) Rule 37 motions. The Court shall make itself available, however, to resolve through a
telephone conference, disputes that arise during the course of a deposition including disputes
related to application ofthe attomey-client privilege or work product protection.
4. Joinder ol'0tlrer Parties, Amendment of Pleadings, and Class Certification.
All motions to join other parties, amend the pleadings, and certify a class action shall be tiled on
or before October 20, 2006. Discovery regarding class certification shall be completed by
October 27, 2006. Defendants’ opposition to any such motions shall be served and filed by
November 20, 2006 and Plaintiffs‘ reply shall be served and filed by December 20, 2006.
5. Settlement Conference. Pursuant to 28 U.S.C. § 636, this matter is referred to
Magistrate Judge Thynge for the purposes of exploring ADR.
6. Summary Judgment Motions. All summary judgment motions shall be served
and tiled with an opening brief on or before February 22, 2008. Opposing memoranda shall be
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Case 1 :04-ev-00831-SLR Document 73 Filed 07/10/2006 Page 3 of 4
served and tiled by April 7, 2008 and reply memoranda shall be served and tiled by May 7,
2008.
7. Applications by Motion. Any application to the court shall be by written motion
filed with the clerk. Unless otherwise requested by the court, counsel shall not deliver copies of
papers or correspondence to chambers. Any non—dispositive motion shall contain the
statement required by D. Del. LR 7.1.1.
8. Motions in Limine. All motions Q mpg shall be tiled on or before two weeks
before the pretrial conference. All responses to said motions shall be tiled on or before one week
before the pretrial conference.
A l A l A l 9. U M Pre-trial Conference. lA pretrial conferencewilllbe. held twonwleeks to trial an A A l l
in Courtroom 6B, Sixth floor, Federal Building, 844 King Street, Wilmington, Delaware. The

l0. Trial. Trial shall commence 60 days after the Court rules on all dispositive
motions. The parties anticipate a one-month to six-week trial.
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Case 1:04-cv-00831-SLR Document 73 Filed 07/10/2006 Page 4 of 4
AGREED TO BY:
THAL, MONHAIT & GODDI I S POTTER ANDERSON & CORROON LLP
l [
Norman Monhait (DSBA #1040) Pet alsh, Jr. (DSB · · )
Citizens Bank Center, Ste. 1401 131 Iarket St.
P. O. Box 1070 Hercules Plaza, 6"‘ F1.
Wilmington, DE 19399 P. O. Box 951
Tel: (302) 656-4433 Wilmington, DE 191399-0951
Tel: (302) 984-6037
Liaison C onnscl for Lead Plaintiffs
WECHSLER HARWOOD l.LP WILSON SONSINI GOODRICH &
__11_ , _RobertI.Hanwoo_d,Esq... . . ROSAT1. . . .. . .. .. . .oo. . . .
Jeffrey M. Norton, Esq. Nina F. Locker, Esq.
433 Madison Avenue Peri B. Nielsen, Esq.
Ncw Yvrk. NY 10022 650 Page Mill Road
—————————-~I°L-(2l2—)—9·35=7`AQ0——— ~—————Palo~Altor€~A-94304
LABATON SUCHAROW Tel: (650) 493-9300
D§,iI§Ij{%?){Il;ml;gi?ESq‘ Attorneys for Defendmrts
Nicole M. Zeiss, Esq.
100 Park Avenue
New York, NY 10017
Tel: (212) 907-0700
SCHATZ & NOBEL, P.C.
Andrew M. Schatz, Esq.
Barbara F. Wolh Esq.
One Corporate Center
20 Church St., Ste 1700
Hartford, CT 06103
Tel: (860) 493-6292
C0-Lead Couuselfor Lead Plaintmfs
SO ORDERED:
United States Dis§ct Judge
DATED this c>7—O‘>'r~ day of gg bt , 2006.
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