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In re Cisco Systems, Inc. Derivative Litigation

United States District Court, Ninth Circuit

May 9, 2013

IN RE CISCO SYSTEMS, INC. DERIVATIVE LITIGATION. This Document Relates To: ALL ACTIONS

JOHNSON & WEAVER, LLP, FRANK J. JOHNSON, Cal. Bar No. 174882, SHAWN FIELDS, Cal. Bar No. 255267, San Diego, California, LAW OFFICE OF ALFRED G. YATES, JR., P.C., ALFRED G. YATES, JR., Pittsburgh, Pennsylvania, Attorneys for Plaintiffs.

LAW OFFICE OF ALFRED G. YATES, JR., P.C. ALFRED G. YATES, JR., Pittsburgh, Pennsylvania, Attorneys for Plaintiffs.

FENWICK & WEST LLP, Kevin P. Muck, San Francisco, California, Attorneys for Defendants John T. Chambers, Randy Pond, Gary B. Moore, Robert W. Lloyd, Frank A. Calderoni, Larry R. Carter, Jerry Yang, Carol A. Bartz, Steven M. West, John L. Hennessy, Roderick C. McGeary, M. Michelle Burns, Richard M. Kovacevich, Michael D. Capellas, Brian L. Halla, and Arun Sarin Nomina. Defendant Cisco Systems, Inc.

JOINT STIPULATION AND ORDER OF DISMISSAL

SAUNDRA BROWN ARMSTRONG, District Judge.

Plaintiffs Jean Marie Cinotto and Marilyn Poulos ("Plaintiffs"), and Defendants John T. Chambers, Randy Pond, Gary B. Moore, Robert W. Lloyd, Frank A. Calderoni, Larry R. Carter, Jerry Yang, Carol A. Bartz, Steven M. West, John L. Hennessy, Roderick C. McGeary, M. Michele Burns, Richard M. Kovacevich, Michael D. Capellas, Brian L. Halla, Arun Sarin, and Nominal Defendant Cisco Systems, Inc. (collectively, "Defendants"), by and through their respective counsel of record, hereby stipulate as follows:

WHEREAS, these consolidated derivative actions were filed by Plaintiffs Jean Marie Cinotto and Marilyn Poulos on April 6, 2011 and April 20, 2011, respectively, and were consolidated by order of the Court dated June 28, 2011;

WHEREAS, these consolidated derivative actions have been deemed "related cases" to class action lawsuits filed in this Court, the first of which is entitled Schipper v. Cisco Systems, Inc., et al., No. C-11-01568 SBA. filed on March 31, 2011, and which was subsequently. consolidated with other class actions (the "Class Action");

WHEREAS, by the parties' stipulation and order of the Court, entered February 10, 2012, all proceedings in this action have been stayed pending further developments in the Class Action;

WHEREAS, on March 29, 2013, this Court entered an order granting defendants' motion to dismiss in the Class Action;

WHEREAS, on April 26, 2013, the parties to the Class Action filed a stipulation to dismiss that action with prejudice, and an order dismissing that action was entered by the Court on April 29, 2013;

WHEREAS, in light of the foregoing, the parties to this action have met and conferred and believe that this action should similarly be dismissed, with all parties waiving any rights to appeal from any aspect of this action;

WHEREAS, plaintiffs and defendants agree that all parties will bear their own fees and costs incurred in connection with this litigation;

IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the parties, subject to approval by the Court, that:

1. This action shall be dismissed in its entirety without prejudice, with all parties waiving any rights to appeal from any aspect of this action;

2. Plaintiffs and defendants will bear their own fees and costs; and

3. The case is hereby closed and all scheduled dates are struck from the Court's calendar.

Pursuant to Local Rule 5-1(i)(3), all of the signatories concur in the filing of this stipulation.

Pursuant to the foregoing stipulation, IT IS HEREBY

1. This action shall be dismissed in its entirety without prejudice, with all parties waiving any rights to appeal from any aspect of this action or its dismissal;

2. Plaintiffs and defendants will bear their own fees and costs; and

3. The case is hereby closed and all scheduled dates are struck from the Court's calendar.


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