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Thomas E. Harper and Diane Keene, Individually and On Behalf of All Others Similarly Situated v. Smart Technologies

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION


January 31, 2012

THOMAS E. HARPER AND DIANE KEENE, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
SMART TECHNOLOGIES, INC., DAVID A. MARTIN, NANCY L. KNOWLTON,
G.A. FITCH, SALIM NATHOO, ARVIND SODHANI,
INTEL CORPORATION, APAX PARTNERS, MORGAN STANLEY & CO. INC.,
DEUTSCHE BANK AG, AND RBC DOMINION SECURITIES INC, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Saundra Brown Armstrong United States District Court

Sara B. Brody (SBN 130222) SIDLEY AUSTIN LLP 555 California Street, 19th Floor San Francisco, California 94104 Telephone: (415) 772-1200 Facsimile: (415) 772-7400 sbrody@sidley.com Andrew W. Stern (admitted pro hac) SIDLEY AUSTIN LLP 787 Seventh Avenue New York, NY 10019 Telephone: (212) 839-5300 Facsimile: (212) 839-5599 astern@sidley.com Attorneys for Defendants SMART Technologies Inc., David A. Martin, Nancy L. Knowlton, G.A. Fitch, Salim Nathoo, Arvind Sodhani, and Apax Partners

[Counsel for Additional Parties Listed on Signature Page]

STIPULATION AND ORDER MANAGEMENT CONFERENCE AND RESCHEDULING INITIAL CASE FILING OF JOINT CASE MANAGEMENT STATEMENT

Assigned to: Hon. Saundra Brown Armstrong

Technologies Inc., David A. Martin, Nancy L. Knowlton, G.A. Fitch, Salim Nathoo, Arvind rs, Defendants SMART Pursuant to Civil Local Rule 6‐2 and this Court's Standing Orde 4 Co. Inc.), Deutsche Bank AG, and RBC Dominion Securities Inc. ( Sodhani, Intel Corporation, Apax Partners, Morgan Stanley & Co. LLC (f/k/a Morgan Stanley & 5 "Defendants"), and Plaintiffs their respective counsel of record, hereby submit the following Thomas E. Harper and Dianne Keene ("Plaintiffs") (together, the Declaration.

Stipulation and accompanying "Parties"), by and through

WHEREAS, the Parties' initial Case Management Conference is scheduled for February 9, 2012; 10

WHEREAS, in accordance with the Court's Standing Orders, the Parties must jointly submit 11 a Case Management Statement at least ten (10) days before the date of the Case Management 12 Conference;

WHEREAS, on December 16, 2011, the Parties completed briefing on Defendants' Motion 14 to Transfer this action or in the alternative Dismiss or Stay this action and Strike the Class 15 Allegations; 16

Remand this action (together wit

WHEREAS, on December 16, 2011, the Parties completed briefing on Plaintiffs'

WHEREAS, the Motions remain pending, with this Court scheduled to hear argument on the h Defendants' Motion, the "Motions");

Motion to Motions on March 13, 2012 at 1:00 P.M.;

WHEREAS, the resolution of either or both of the Motions potentially will divest this Court of jurisdiction over the instant action; 22

WHEREAS, Plaintiffs and Defendants have conferred and agree that, under the circumstances, deferring the Case Management Conference and submission of a joint Case 24

Management Statement until after the Court has resolved the Motions will conserve resources of the 25 parties and this Court; 26

THEREFORE, Plaintiffs and Defendants, by and through their respective counsel, hereby stipulate as follows: 28

1. The Parties' initial Case Management Conference shall be rescheduled for a date after the Court's resolution of the Motions that is convenient to the Court;

2. The Parties shall submit a joint Case Management Statement ten (10) days prior to the rescheduled date of the initial Case Management Conference.

SIGNATURE ATTESTATION

Pursuant to General Order No. 45(X)(B), I hereby attest that I have on file written permission 3 to sign this joint motion from all parties whose signatures are indicated by a conformed signature 4 (/s/) within this e-filed document. 5

/s/ Andrew W. Stern

ORDER

PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED.

20120131

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