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In re PMC-Sierra

April 22, 2009

IN RE PMC-SIERRA, INC. DERIVATIVE LITIGATION


The opinion of the court was delivered by: The Honorable Richard Seeborg United States Magistrate Judge

STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE AND This Document Relates To: VACATING MAY 12, 2009 HEARING ALL ACTIONS.

WHEREAS, on April 9, 2009, the parties engaged in a full day mediation with United States District Court Judge Layn R. Phillips (Ret.);

WHEREAS, between April 9, 2009 and the present, the parties have continued the negotiations concerning possible resolution;

WHEREAS, the parties believe they have made substantial progress toward resolution;

WHEREAS, the parties have met and conferred and agree that a stay of the current briefing schedule will allow for continued progress toward resolution;

WHEREAS, the parties agree that they will update the Court on the status of the negotiations no later than May 12, 2009;

NOW THEREFORE, IT IS HEREBY AGREED between the parties through their respective counsel of record, subject to the approval of the Court as follows:

The current briefing schedule shall be stayed and the May 12, 2009 hearing date on the motion to dismiss shall be vacated; and The parties shall no later than May 12, 2008, submit a Case Management Conference Statement updating the Court on the status of negotiations.

I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Re Briefing Schedule and Vacating May 12, 2009 Hearing. In compliance with General Order 45, X.B., I hereby attest that Patrick E. Gibbs has concurred in this filing.

ORDER

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I hereby certify that on April 21, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List.

I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and ...


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