State Compensation Insurance Fund v. Metropolitan West Securities LLC et al

Filing 141

STIPULATION AND ORDER re 139 Stipulation to Expedite Briefing on Motion to Compel and Motion to Quash, filed by State Compensation Insurance Fund. Responses due by 11/29/2011. Replies due by 12/5/2011. Motion Hearing set for 12/13/2011 02:00 PM in Courtroom E, 15th Floor, San Francisco before Magistrate Judge Elizabeth D. Laporte. Signed by Judge Elizabeth D Laporte on 11/22/2011. (kns, COURT STAFF) (Filed on 11/22/2011)

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J. Russell Stedman (117130), [e-mail]
Travis R. Wall (191662), [e-mail]
BARGER & WOLEN LLP
650 California Street, 9th Floor
San Francisco, California 94108-2713
Telephone: [phone]
Facsimile: [phone]
David Freitas (82012), [e-mail]
STATE COMPENSATION INSURANCE FUND
5890 Owens Drive, Building C, Third Floor
Pleasanton, California 94588
Telephone: [phone] (Direct)
Attorneys for Plaintiff
STATE COMPENSATION INSURANCE FUND
MUNGER, TOLLES & OLSON LLP
Marc T.G. Dworsky (SB# 157413)
James C. Rutten (SB# 201791)
Karen J. Ephraim (SB# 233824)
Eric P. Tuttle (SB# 248440)
355 South Grand Avenue, 35th Floor
Los Angeles, California 90071-1560
[phone]; [phone] (fax)
[e-mail], [e-mail],
[e-mail], [e-mail]
Attorneys for WELLS FARGO BANK, N.A. (successor by
merger to Defendant WACHOVIA BANK, N.A.) and
Defendant METROPOLITAN WEST SECURITIES LLC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION
STATE COMPENSATION INSURANCE
FUND,
Plaintiff,

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vs.
METROPOLITAN WEST SECURITIES
LLC, a California limited liability company,;
WACHOVIA BANK, N.A.; DOES 1 through
10 inclusive; and DOES 11 through 20
inclusive,
Defendants.

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CASE NO.: CV 09 02959 JSW (EDL)
STIPULATION AND [PROPOSED]
ORDER TO PERMIT EXPEDITED
BRIEFING ON MOTION TO COMPEL
AND MOTION FOR PROTECTIVE
ORDER CONCERNING EVERGREEN
AS MODIFIED

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BARGER & WOLEN LLP

650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

STIPULATION TO PERMIT EXPEDITED BRIEFING ON
EVERGREEN MOTIONS – CASE NO.: CV 09-0959 JSW (EDL)

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STIPULATION

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Plaintiff State Compensation Insurance Fund, Defendants Wachovia Bank, N.A. and

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Metropolitan West Securities LLC (collectively, “Defendants”), and Non-Parties Wells Capital

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Management, Inc. and Wells Fargo Funds Management, LLC (collectively, “Wells Fargo”), hereby

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stipulate as follows:

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WHEREAS, Plaintiff filed a Motion to Compel Production of Documents from Defendants

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regarding documents related to Evergreen Investment Management Company, LLC (“Evergreen”),

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which is currently set to be heard on December 20, 2011;

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WHEREAS, Wells Fargo filed a Motion for Protective Order and to Quash with respect to

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certain subpoenas served by State Fund on Wells Fargo, which subpoenas also seek information

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related to Evergreen, and which motion also is currently set to be heard on December 20, 2011;

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WHEREAS, the fact discovery deadline is December 2 as to written discovery and

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December 9 as to deposition discovery, and expert reports are due on December 16, 2011;

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WHEREAS, in light of these deadlines, the parties have agreed to an expedited briefing
schedule and hearing on both motions, subject to the Court’s approval;
THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES AND
NON-PARTIES, THROUGH THEIR COUNSEL OF RECORD, as follows:
2:00 p.m.
1. The hearings on both Motions shall take place on December 13, 2011, at 9:00 a.m., in
Courtroom E, 15th Floor, before the Honorable Elizabeth D. Laporte;

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2. Any opposition papers shall be filed and served on November 29, 2011; and

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3. Any reply papers shall be filed and served on December 5, 2011.at noon.

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BARGER & WOLEN LLP

650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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STIPULATION TO PERMIT EXPEDITED BRIEFING ON
EVERGREEN MOTIONS – CASE NO.: CV 09-0959 JSW (EDL)

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IT IS SO STIPULATED:

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Dated: November 21, 2011

BARGER & WOLEN LLP

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By:

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/s/ J. Russell Stedman
J. RUSSELL STEDMAN
Attorneys for Plaintiff State
Compensation Insurance Fund

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Dated: November 21, 2011

MUNGER, TOLLES & OLSON LLP

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By:

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/s/ James C. Rutten
JAMES C. RUTTEN
Attorneys for Wells Fargo Bank, N.A.
(successor by merger to Defendant
Wachovia Bank, N.A.) and Defendant
Metropolitan West Securities LLC

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Dated: November 21, 2011

KING & SPALDING LLP

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By:

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/s/ Leo Spooner III
LEO SPOONER III
Attorneys for non-parties WELLS
CAPITAL MANAGEMENT, INC. and
WELLS FARGO FUNDS
MANAGEMENT, LLC

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* * * * *

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PURSUANT TO STIPULATION, AND GOOD CAUSE HAVING BEEN SHOWN, IT IS SO

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ORDERED. AS MODIFIED

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DATED: November ____, 2011

________________________________
The Honorable Elizabeth D. Laporte
United States Magistrate Judge

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BARGER & WOLEN LLP

650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

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STIPULATION TO PERMIT EXPEDITED BRIEFING ON
EVERGREEN MOTIONS – CASE NO.: CV 09-0959 JSW (EDL)