UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
March 9, 2009
IN RE SILICON STORAGE TECHNOLOGY, INC., DERIVATIVE LITIGATION
The opinion of the court was delivered by: Honorable Jeremy Fogel Judge of the U.S. District Court
STIPULATION AND [PROPOSED] ORDER TO CONTINUE MOTION TO DISMISS HEARING AND CASE MANAGEMENT CONFERENCE
This Document Relates To: ALL ACTIONS.
WHEREAS, the hearing on Defendants' Motions to Dismiss and a Case Management Conference are currently scheduled for March 13, 2009;
WHEREAS, due to scheduling conflicts, the current settlement discussions, and the Parties' focus thereon, Lead Plaintiffs have requested and Defendants have consented to continue the hearing on Defendants' Motions to Dismiss and the Case Management Conference to a later date;
WHEREAS, the Parties understand that April 24, 2009 is available on the Court's calendar;
WHEREAS, subject to the Court's approval, the parties stipulate as follows:
1) The hearing on Defendants' Motions to Dismiss currently scheduled for March 13, 2009 shall be rescheduled to April 24, 2009.
2) The Case Management Conference currently scheduled for March 13, 2009 shall be rescheduled to April 24, 2009.
3) By executing this Stipulation, the parties have not waived and expressly retain all claims, defenses and arguments whether procedural, substantive or otherwise. This Stipulation is without prejudice to any subsequent motion to stay this action, or any objections or defenses thereto, and this Order is entered without prejudice to the rights of any party to apply for a modification of this Order.
IT IS SO STIPULATED.
DATED: March 6, 2009
BARROWAY TOPAZ KESSLER MELTZER & CHECK, LLP NICHOLE BROWNING (251937) 2125 Oak Grove Road, Suite 120 Walnut Creek, CA 94598 Telephone: (925) 945-0700 Facsimile: (925) 945-8792
ERIC L. ZAGAR JAMES H. MILLER 280 King of Prussia Road Radnor, PA 19087 Telephone: (610) 667-7706 Facsimile: (610) 667-7056
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP FRANCIS M. GREGOREK BETSY C. MANIFOLD RACHELE R. RICKERT Symphony Towers 750 B Street, Suite 2770 San Diego, CA 92101 Telephone: (619) 239-4599 Facsimile: (619) 234-4599 Attorneys for Lead Plaintiffs
COOLEY GODWARD LLP AARON OLSEN WILLIAM FREEMAN JOHN DWYER AARON OLSEN Five Palo Alto Square 3000 El Camino Real Palo Alto, CA 94306-2155 Telephones: 650-843-5000 Facsimile: 650-857-0663 Attorneys for Nominal Defendant, Silicon Storage Technology, Inc.
MCDERMOTT, WILL & EMERY LLP MATTHEW J. JACOBS Attorneys for Director Defendants
HOGAN & HARTSON LLP HOWARD S. CARO Attorneys for Officer Defendants
ATTESTATION PURSUANT TO GENERAL ORDER
I, Nichole T. Browning, attest that concurrence in the filing of this document has been obtained from the other signatory. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 6th day of March, 2009, at Walnut Creek, California.
PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN HEREIN, IT IS SO ORDERED.
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