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Hamilton v. Fister

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


July 14, 2010

WALTER HAMILTON, DERIVATIVELY ON BEHALF OF NOMINAL DEFENDANT CADENCE DESIGN SYSTEMS, INC., PLAINTIFFS,
v.
MICHAEL J. FISTER, WILLIAM PORTER, JAMES S. MILLER, JR., KEVIN BUSHBY, R.L. SMITH MCKEITHEN, LIP-BU TAN, ALBERTO SANGIOVANNI-VINCENTELLI, JOHN B. SHOVEN, DONALD L. LUCAS, GEORGE M. SCALISE, ROGER S. SIBONI, JOHN A.C. SWAINSON, AND KPMG LLP INDIVIDUAL DEFENDANTS, AND CADENCE DESIGN SYSTEMS, INC., A DELAWARE CORPORATION, NOMINAL DEFENDANT.

The opinion of the court was delivered by: The Honorable Jeremy Fogel United States District Court Judge

STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER

STIPULATION

Plaintiff Walter Hamilton ("Hamilton"), defendants Kevin Bushby, Michael J. Fister, Donald L. Lucas, R. L. Smith McKeithen, James S. Miller, Jr., William Porter, Alberto Sangiovanni-Vincentelli, George M. Scalise, John B. Shoven, Roger S. Siboni, John A.C. Swainson, Lip-Bu Tan and nominal defendant Cadence Design Systems, Inc. (collectively, the "Defendants"), by and through their respective counsel, stipulate as follows:

WHEREAS, Hamilton served the Verified Shareholder Derivative Complaint for Breach of Fiduciary Duty, Waste of Corporate Assets, Professional Negligence, Breach of Contract, and Unjust Enrichment (the "Complaint") on all the Defendants;

WHEREAS, Defendants currently are required to answer, move, or otherwise

WHEREAS, the initial Case Management Conference in this case is scheduled to respond to the Complaint by August 16, 2010;

WHEREAS, the parties believe that meet and confer discussions among counsel, proceed on July 16, 2010, at 10:30 a.m., before U.S. District Judge Jeremy Fogel; and the initial Case Management Conference with the Court, will be more meaningful and productive if the Case Management Conference is delayed until after the filing of Defendants' answers or responses to the Complaint;

WHEREAS, the parties agree that it would be best to extend the date of the Case Management Conference by 60 days;

THEREFORE, IT IS HEREBY STIPULATED AND REQUESTED, by and among the parties, acting through their respective attorneys of record, on the basis of the foregoing, that:

1. The Court continue the Case Management Conference from July 16, 2010 to September 16, 2010, or as soon thereafter as the Court's calendar permits.

DATED: July 12, 2010

THE WEISER LAW FIRM, P.C. Kathleen A. Herkenhoff Attorneys for Plaintiff Walter Hamilton

GIBSON, DUNN & CRUTCHER LLP Ethan D. Dettmer Attorneys for Nominal Defendant Cadence Design Systems, Inc.

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Garrett J. Waltzer Attorneys for Defendants Michael J. Fister, Donald L. Lucas, Alberto Sangiovanni-Vincentelli, George M. Scalise, John B. Shoven, Roger John Siboni, John A.C. Swainson, and Lip-Bu Tan

HOGAN LOVELLS LLP Douglas M. Schwab Attorneys for Defendants R.L. Smith McKeithen, James S. Miller, and William Porter

DLA PIPER LLP Noah A. Katsell Attorneys for Defendant Kevin Bushby

ORDER

IT IS SO ORDERED. The Case Management Conference is continued until September 17 2010, at 10:30a.m.

ATTESTATION PURSUANT TO GENERAL ORDER 45, SECTION X, B

I, Garrett J. Waltzer, am the ECF User whose identification and password are being used to file Defendants' Stipulation Continuing Case Management Conference and [Proposed] Order. In compliance with General Order 45.X.B, I hereby attest that each of the counsel executing the Stipulation has concurred in this filing.

DATED: July 12, 2010

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Garrett J. Waltzer Attorneys for Defendants Michael J. Fister, Donald L. Lucas, Alberto SangiovanniVincentelli, George M. Scalise, John B. Shoven, Roger John Siboni, John A.C. Swainson, and Lip-Bu Tan

CERTIFICATE OF SERVICE

I hereby certify that on July 12, 2010, 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.

Garrett J. Waltzer SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 525 University Avenue, Suite 1100 Palo Alto, California 94301 Telephone: (650) 470-4500 Facsimile: (650) 470-4570

20100714

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