RALPH SARACENI, derivatively on behalf of POLYCOM, INC., Plaintiff,
ANDREW M. MILLER, BETSY S. ATKINS, JOHN A. KELLEY, D. SCOTT MERCER, WILLIAM A. OWENS, and KEVIN T. PARKER, Defendants, POLYCOM, INC., Nominal Defendant. JAMES DONNELLY, derivatively on behalf of POLYCOM, INC., Plaintiff,
ANDREW M. MILLER, BETSY S. ATKINS, JOHN A. KELLEY, D. SCOTT MERCER, WILLIAM A. OWENS, and KEVIN T. PARKER, Defendants, and POLYCOM, INC., Nominal Defendant.
JOHNSON & WEAVER, LLP Frank J. Johnson (SBN 174882) Shawn E. Fields (SBN 255267) San Diego, CA, Attorneys for Plaintiffs.
WILSON SONSINI GOODRICH & ROSATI, PC KEITH E. EGGLETON KELLEY M. KINNEY, Palo Alto, CA, Attorneys for Defendants Betsy S. Atkins, John A. Kelley, D. Scott Mercer, William A. Owens, Kevin T. Parker, and Nominal Defendant Polycom, Inc.
MORRISON & FOERSTER LLP PAUL T. FRIEDMAN PHILIP T. BESIROF, San Francisco, CA, Attorneys for Defendant Andrew M. Miller.
STIPULATION AND [PROPOSED] ORDER CONSOLIDATING ACTIONS AND APPOINTING LEAD COUNSEL
SAMUEL CONTI, District Judge.
WHEREAS, there are presently two shareholder derivative actions against certain current and former directors and officers of Polycom, Inc. "("Polycom"): Saraceni v. Miller et al., Case No. 3:13-cv-03880-SC, currently pending before this Court (the " Saraceni Derivative Action"); and Donnelly v. Miller et al., Case No. 5:13-cv-04810-PSG, currently pending in the United States District Court for the Northern District of California, and initially/currently assigned to Magistrate Judge Paul Singh Grewal (the " Donnelly Derivative Action") (collectively, "the Polycom Derivative Actions");
WHEREAS, pursuant to the Court's September 13, 2013 Order (Document No. 18), the Saraceni Derivative Action has been related to a class action filed under the federal securities laws currently pending before this Court: Neal v. Polycom, Inc. et al., Case No. 3:13-cv-03476-SC (the " Neal Class Action");
WHEREAS, Polycom, Eric Brown, and Sayed Darwish have filed an Administrative Motion to Relate the Donnelly Derivative Action to the Neal Class Action and the Saraceni Derivative Action, pursuant to which it has requested that the Donnelly Derivative Action be reassigned to The Honorable Samuel Conti;
WHEREAS, in an effort to assure consistent rulings and decisions and the avoidance of unnecessary duplication of effort, the undersigned counsel for the parties in the Polycom Derivative Actions submit this stipulation consolidating actions; and
WHEREAS, Johnson & Weaver, LLP seeks to be designated as Lead Counsel in the Polycom Derivative Actions, once consolidated, and Defendants take no position with respect to such designation.
WHEREFORE, the parties, through their undersigned counsel, hereby agree, stipulate, and respectfully request that the Court enter an Order as follows:
1. The following actions shall be consolidated for all purposes, including pre-trial proceedings and trial:
Case Name Case No. Filing Date Saraceni v. Miller et al. 3:13-cv-03880-SC August 21, 2013 Donnelly v. Miller et al. 5:13-cv-04810-PSG October 16, 2013
2. Every pleading filed in these consolidated actions, or in any separate action included herein, ...