The opinion of the court was delivered by: The Honorable James Ware United States District Judge
This Document Relates To: ALL ACTIONS.
PLAINTIFF AND KLA-TENCOR CORP.'S SECOND STATUS REPORT REGARDING SETTLEMENT AND [PROPOSED] ORDER FURTHER EXTENDING THE TIME FOR FILING AN AMENDED COMPLAINT
Pursuant to the Court's October 22, 2009 stipulation and order extending the date for filing an amended complaint, plaintiff and KLA-Tencor Corp. ("KLA") hereby submit this Second Status Report Regarding Settlement and [Proposed] Order Further Extending the Time for Filing an Amended Complaint.
As previously reported, on October 14, 2009, plaintiff, nominal party KLA, insurance carriers and certain of the individual defendants who had not yet 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. On October 16, 2009, Judge Phillips issued a mediator's proposal setting a response date of October 27, 2009, and asked that the parties reserve all responses until that date.
While the October 16, 2009 mediator's proposal did not result in a global settlement agreement, the proposal served to substantially narrow the issues in dispute between the remaining parties. Judge Phillips is continuing to advance toward global resolution of the claims asserted in the action and has requested that the parties maintain the status quo because he has scheduled another mediation for November 19, 2009 to convene the relevant remaining parties who have not yet reached agreement in principle to settle the claims alleged.
Accordingly, KLA and plaintiff, after conferring with, and at the request of, Judge Phillips, respectfully request for an extension of the deadline for the filing of lead plaintiff's amended complaint to November 23, 2009. Judge Philips has indicated that he is available to discuss this matter further with the Court, should the Court so desire.
COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS CHRISTOPHER M. WOOD
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 LUCAS F. OLTS 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: 619/231-1058 619/231-7423 (fax) Lead Counsel for Plaintiffs
MORGAN, LEWIS & BOCKIUS LLP JOSEPH E. FLOREN JOHN H. HEMANN THOMAS R. GREEN JOSEPH E. FLOREN Spear Street Tower One Market Plaza, 23rd Floor San Francisco, CA 94105 Telephone: 415/442-1000 415/442-1001 (fax) Attorneys for KLA-Tencor Corp.
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 Settlement and [Proposed] Order Further
Extending the Time 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 complaint shall be extended until November 23, 2009.
I hereby certify that on October 30, 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 October 30, 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: firstname.lastname@example.org
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