The opinion of the court was delivered by: James Ware
This Document Relates To: ALL ACTIONS.
PLAINTIFF AND KLA-TENCOR CORP.'S STATUS REPORT REGARDING OCTOBER 14, 2009 MEDIATION AND [PROPOSED] ORDER FURTHER EXTENDING THE DATE FOR FILING AN AMENDED COMPLAINT
Pursuant to the Court's October 9, 2009 Joint Stipulation and Order to Continue Dates for Filing of Lead Plaintiff's Amended Complaint and Motion Hearing (the "Stipulated Order"), Plaintiff and KLA-Tencor Corp. ("KLA") hereby submit this Status Report Regarding October 14, 2009 Mediation and [Proposed] Order Further Extending the Date for Filing an Amended Complaint.
As discussed in the Stipulated Order, on October 14, 2009, plaintiff, nominal party KLA, insurance carriers and certain of the individual defendants who have not reached an agreement in principle to settle the claims alleged in the above-referenced case, participated in a 14-hour mediation session with Hon. Layn Phillips (ret.) in New York. The parties made significant progress sufficient for Judge Phillips to issue a mediator's proposal for the resolution of the entire action on October 16, 2009. Judge Phillips set a date for responses to the mediator's proposal for October 27, 2009, and asked that the parties reserve all responses until that date. October 27, 2009 is four days after the date on which plaintiffs' amended complaint is currently due.
Therefore, in order to maintain the status quo while the parties consider Judge Phillips' proposal, KLA and plaintiffs respectfully request that the Court issue an order extending the deadline for filing of lead plaintiff's amended complaint for 10 days, until November 2, 2009, while maintaining the remainder of the deadlines set forth in the Stipulated Order. We will provide the Court with an update no later than October 30, 2009.
I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this Plaintiff and KLA-Tencor Corp.'s Status Report Regarding October 14, 2009 Mediation and [Proposed] Order Further Extending the Date for Filing an Amended Complaint. In compliance with General Order 45, X.B., I hereby attest that Joseph E. Floren has concurred in this filing.
The deadline for filing of lead plaintiff's amended until November 2, 2009, while the remainder of the deadlines set forth in the Joint Stipulation and Order Complaint Hearing dated October 9, 2009 shall remain unchanged.
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