The Port Authority of Allegheny County Retirement and Disability Allowance Plan for Employees Represented by Local 85 of the Amalgamated Transit Union v. Smith et al

Filing 41

ORDER staying case (tf, COURT STAFF) (Filed on 5/12/2010)

1 BARRACK, RODOS & BACINE STEPHEN R. BASSER (121590) 2 [e-mail] SAMUEL M. WARD (216562) 3 [e-mail] 600 West Broadway, Suite 900 4 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] 6 ROBBINS UMEDA LLP MARC M. UMEDA (197847) 7 [e-mail] CRAIG W. SMITH (164886) 8 [e-mail] KELLY M. MCINTYRE (212360) 9 [e-mail] ALEJANDRO E. MORENO (256802) 10 [e-mail] 600 B Street, Suite 1900 11 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] 13 Attorneys for Plaintiff, the Port Authority Of Allegheny County Retirement and Disability Allowance Plan for 14 Employees represented by Local 85 of the Amalgamated Transit Union 15 [Additional Plaintiff's Counsel Appear on Signature Page.] 16 17 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) Plaintiff, ) ) vs. ) ) L. STEPHEN SMITH, DAVID H. KATKOV, DONALD P. LOFE, JR., JOHN D. ROACH, ) RONALD H. ZECH, WAYNE E. HEDIEN, MARY ) LEE WIDENER, CARMINE GUERRO, JOSE H. ) VILLARREAL, RAYMOND L. OCAMPO JR., LOUIS G. LOWER II, W. ROGER HAUGHTON, ) ) VICTOR J. BACIGALUPI, BRADLEY M. SHUSTER, KENNETH T. ROSEN, JAMES C. ) CASTLE, MARIANN BYERWALTER, and ) STEVEN L. SCHEID, ) [Caption continued on following page.] ) Case No.: 3:08-cv-02046-SI STIPULATION AND [PROPOSED] ORDER TO TEMPORARILY STAY ACTION PENDING PRIVATE MEDIATION Judge: The Honorable Susan Illston

18 THE PORT AUTHORITY OF ALLEGHENY COUNTY RETIREMENT AND DISABILITY 19 ALLOWANCE PLAN FOR EMPLOYEES REPRESENTED BY LOCAL 85 OF THE 20 AMALGAMATED TRANSIT UNION 21 22 23 24 25 26 27

28 STAY ACTION PENDING PRIVATE MEDIATION
Case No.: 3:08-cv-02046-SI

STIPULATON AND [PROPOSED] ORDER TO TEMPORARILY

1 2 -and -

Defendants,

3 PMI GROUP, INC., 4 5 Nominal Defendant

) ) ) ) ) ) ) ) )

STIPULATION 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATON AND [PROPOSED] ORDER TO TEMPORARILY
STAY ACTION PENDING PRIVATE MEDIATION Case No.: 3:08-cv-02046-SI -2-

WHEREAS, on June 26, 2008, this Court entered a Stipulated Case Management Order; WHEREAS, pursuant to the Case Management Order, the above-captioned action (the "Derivative Action") was stayed pending resolution of a motion to dismiss the related shareholder class action, captioned In re The PMI Group, Inc. Securities Litigation, Master File No. 3:08-cv-01405-SI (the "Securities Class Action"); WHEREAS, on November 2, 2009, this Court entered an Order Denying Defendants' Motion to Dismiss First Amended Complaint in the Securities Class Action; WHEREAS, on February 11, 2010, the parties to the Securities Class Action filed a Joint Case Management Statement and Proposed Order, notifying this Court that the parties planned to schedule a private mediation in April 2010 and were discussing the scope of documents to be produced before the mediation; WHEREAS, pursuant to this Court's Order entered on December 18, 2009, Plaintiff filed its Amended Shareholder Derivative Complaint ("Amended Complaint") on March 1, 2010; WHEREAS, on March 5, 2010, pursuant to this Court's Minute Order dated February 19, 2010, the parties to the Securities Class Action informed the Court that the private mediation would take place before (Ret.) Judge Layn R. Phillips in June 2010; WHEREAS, the parties to the Derivative Action have agreed to participate in the private mediation with the parties in the Securities Class Action before (Ret.) Judge Phillips on June 10, 2010; WHEREAS, on April 15, 2010, this Court entered an Order extending Defendants' time to respond to the Amended Complaint to May 7, 2010; and

1

WHEREAS, the parties agree that, in the interest of an effective mediation, it would be

2 appropriate to vacate the current briefing schedule for Defendants' response to the Amended 3 Complaint and the related hearing on July 9, 2010. 4 NOW THEREFORE, it is hereby stipulated, by and among the Parties, through their

5 undersigned counsel, as follows: 6 1. All proceedings in this Action including, but not limited to, all motion practice,

7 including briefing dates, and all discovery are temporarily stayed until the conclusion of the 8 private mediation before (Ret.) Judge Phillips. 9 2. The Parties reserve the right, at any time upon a properly noticed motion, to move

10 the Court to lift the temporary stay or to extend the duration or scope of such stay. Nothing in 11 this stipulation shall be construed as an agreement to shift the burden of persuasion in any such 12 motion as to the legal basis or grounds for a stay of this Action. 13 3. After the stay of this Action is lifted, Defendants shall have 30 days to respond to

14 Plaintiff's Amended Complaint. Plaintiff's Opposition to any response shall be due within 45 15 days of the filing of the response. Defendants' Reply shall be due within 21 days of the filing of 16 the Opposition. 17 4. This stipulation to temporarily stay all proceedings in this Action pending private

18 mediation shall not constitute a waiver or forfeit of any claims, defenses, objections, or rights of 19 any Party with respect to any matter or thing. 20 5. The agreement to temporarily stay this Action may not be used by any Party for

21 any purpose other than for enforcement of the stay itself, and all Parties reserve all of their 22 claims and defenses, which shall not be affected by the temporary stay. 23 24 25 26 27 28 STIPULATON AND [PROPOSED] ORDER TO TEMPORARILY
STAY ACTION PENDING PRIVATE MEDIATION Case No.: 3:08-cv-02046-SI -3-

IT IS SO STIPULATED.

DATED: May 7, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

BARRACK, RODOS & BACINE STEPHEN R. BASSER SAMUEL M. WARD /s/ SAMUEL M. WARD 600 West Broadway, Suite 900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone] BARRACK, RODOS & BACINE LEONARD BARRACK DANIEL BACINE 3300 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 Telephone: [phone] Facsimile: [phone] ROBBINS UMEDA LLP MARC M. UMEDA CRAIG W. SMITH KELLY M. MCINTYRE ALEJANDRO E. MORENO 600 B Street, Suite 1900 San Diego, CA 92101 Telephone: [phone] Facsimile: [phone]

HOLZER, HOLZER & FISTEL, LLC COREY D. HOLZER MICHAEL I. FISTEL, JR. MARSHALL P. DEES 200 Ashford Center North, Suite 300 Atlanta, GA 30338 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, the Port Authority Of Allegheny County Retirement and Disability Allowance Plan for Employees represented by Local 85 of the Amalgamated Transit Union

28 STIPULATON AND [PROPOSED] ORDER TO TEMPORARILY
STAY ACTION PENDING PRIVATE MEDIATION Case No.: 3:08-cv-02046-SI -4-

DATED: May 7, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13

O'MELVENY & MYERS LLP MEREDITH N. LANDY PETER T. SNOW /s/ MEREDITH N. LANDY 2765 Sand Hill Road Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] O'MELVENY & MYERS LLP GEORGE A. RILEY Two Embarcadero Center, 28th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants

I, Meredith N. Landy, am the ECF User whose ID and password are being used to file

14 this Stipulation and [Proposed] Regarding Scheduling Matters. In compliance with General 15 Order 45, X.B., I hereby attest that Samuel M. Ward has concurred in this filing. 16 17 18 19 20 21 22 23 DATED: May ___, 2010 24 25 26 27 28 STIPULATON AND [PROPOSED] ORDER TO TEMPORARILY
STAY ACTION PENDING PRIVATE MEDIATION Case No.: 3:08-cv-02046-SI -5-

By:

/s/ Meredith N. Landy

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

THE HONORABLE SUSAN ILLSTON UNITED STATES DISTRICT JUDGE