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In re PMC-Sierra

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


May 13, 2009

IN RE PMC-SIERRA, INC. DERIVATIVE LITIGATION

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

JOINT CASE STATUS REPORT AND [PROPOSED] ORDER

This Document Relates To:

ALL ACTIONS.

WHEREAS, on April 22, 2009, the Court entered its Stipulation and Order re Briefing Schedule and Vacating May 12, 2009 Hearing;

WHEREAS, the parties have continued to meet and confer regarding a resolution and have made substantial progress toward a settlement of the above captioned litigation;

WHEREAS, the parties are currently drafting settlement papers and expect to submit said papers to the Court soon;

NOW THEREFORE, it is hereby agreed between the parties through their respective counsel of record that, subject to the approval of the court as follows:

1. All proceedings regarding the pending motion to dismiss shall remain stayed; and

2. The parties shall submit settlement papers in June 2009.

DATED: May 12, 2009

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax)

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP TRAVIS E. DOWNS III BENNY C. GOODMAN III 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax) Lead Counsel for Plaintiff.

THE WEISER LAW FIRM, P.C. ROBERT B. WEISER 121 N. Wayne Avenue, Suite 100 Wayne, PA 19087 Telephone: 610/225-2677 610/225-2678 (fax) Additional Counsel for Plaintiff.

DATED: May 12, 2009

LATHAM & WATKINS LLP PATRICK E. GIBBS 140 Scott Drive Menlo Park, CA 94025-3656 Telephone: 650/328-4600 650/463-2600 (fax).

LATHAM & WATKINS LLP ELLEN KINSLEY BROWN 505 Montgomery Street, Suite 2000 San Francisco, CA 94111-2562 Telephone: 415/395-8289 415/395-8095 (fax) Attorneys for Defendants.

I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this Joint Case Status Report and [Proposed] Order. In compliance with General Order 45, X.B., I hereby attest that Patrick E. Gibbs has concurred in this filing.

SHAWN A. WILLIAMS

ORDER

IT IS SO ORDERED.

CERTIFICATE OF SERVICE

I hereby certify that on May 12, 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 correct. Executed on May 12, 2009.

SHAWN A. WILLIAMS COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, 26th Floor San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) E-mail: Shawnw@csgrr.com

Electronic Mail Notice List

The following are those who are currently on the list to receive e-mail notices for this case.

[circle6] Aelish Marie Baig

AelishB@csgrr.com,khuang@csgrr.com

[circle6] Ellen Kinsley Brown ellen.brown@lw.com,#sfdocket@lw.com

[circle6] Travis E. Downs , III travisd@csgrr.com,e_file_sd@csgrr.com

[circle6] David Christopher Fortney david.fortney@lw.com

[circle6] Patrick Edward Gibbs patrick.gibbs@lw.com,svdocket@lw.com,zoila.aurora@lw.com

[circle6] David Martin Goldstein dave@daveglaw.com,marlene@daveglaw.com

[circle6] Benny Copeline Goodman , III bennyg@csgrr.com,e_file_sd@csgrr.com

[circle6] Maria V. Morris mmorris@rbg-law.com

[circle6] Shawn A. Williams shawnw@csgrr.com,jdecena@csgrr.com,travisd@csgrr.com,e_file_sf@csgrr.com,cwood@csgrr.com,e_file_sd@csgrr.com,aelishb@csgrr.com

Manual Notice List

The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.

Darren Jay Robbins Coughlin Stoia Geller Rudman & Robbins LLP 655 West Broadway Suite 1900 San Diego, CA 92101

Monique C. Winkler Coughlin Stoia Geller Rudman & Robbins LLP 100 Pine Street, Suite 2600 San Francisco, CA 94111

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?958805037819211-L_497_0-1 5/12/2009

20090513

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