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

Filing 142

ORDER GRANTING 138 Stipulation REGARDING EXPERT DISCLOSURE DEADLINES. Signed by Judge JEFFREY S. WHITE on 11/28/11. (jjoS, COURT STAFF) (Filed on 11/28/2011)

Case3:09-cv-02959-JSW Document138

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Filed11/21/11 Page1 of 4

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]

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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

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NORTHERN DISTRICT OF CALIFORNIA - SAN FRANCISCO DIVISION

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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 REGARDING EXPERT
DISCLOSURE DEADLINES

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

STIPULATION REGARDING EXPERT DISCLOSURE
DEADLINES – CASE NO.: CV 09-0959 JSW (EDL)

Case3:09-cv-02959-JSW Document138

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Filed11/21/11 Page2 of 4

STIPULATION
Plaintiff State Compensation Insurance Fund and Defendants Wachovia Bank, N.A. and
Metropolitan West Securities LCC hereby 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, Non-Parties Wells Capital Management, Inc. and Wells Fargo Funds

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Management, LLC filed a Motion for Protective Order and to Quash with respect to certain

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subpoenas that Plaintiff served, which subpoenas also seek discovery pertaining to Evergreen, and

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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, the parties have submitted a stipulation and proposed order to the Magistrate

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Judge to expedite the briefing schedule and hearing on the motions, which if approved would result

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in the hearing being on December 13, 2011;

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WHEREAS, due to the Evergreen-related discovery motions, and the discovery and

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deposition related thereto, the parties wish to reserve the right to submit supplemental expert reports

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based on the Evergreen evidence;

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THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES
THROUGH THEIR COUNSEL OF RECORD, as follows:
Opening expert reports are currently due December 16, 2011. In the event a deposition

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transcript (unsigned and uncorrected) of the Rule 30(b)(6) designee of Evergreen’s successor(s)

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(which deposition is the subject of the Motion for Protective Order and to Quash) is not available

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seven days prior to these opening reports being due, any party may supplement its opening report

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within seven (7) days of receipt of such unsigned and uncorrected transcript. Such supplement shall

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relate exclusively to the Evergreen evidence that is the subject of the motions. If and only if a party

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so supplements its opening report, the opposing party has the right to file a rebuttal to that

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supplemental report. Expert rebuttal reports are currently due January 13, 2012. Consequently, any
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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

STIPULATION REGARDING EXPERT DISCLOSURE
DEADLINES – CASE NO.: CV 09-0959 JSW (EDL)

Case3:09-cv-02959-JSW Document138

Filed11/21/11 Page3 of 4

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rebuttal expert report which responds to a supplemental report on the Evergreen evidence would be

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due either January 13, 2012 or seven (7) days after receipt of the supplemental opening report,

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whichever is later.

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All other pre-trial deadlines remain unchanged.

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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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* * * * *

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

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DATED: November ___, 2011

________________________________
The Honorable Jeffrey S. White
United States District Judge

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BARGER & WOLEN LLP
650 CALIFORNIA STREET
NINTH FLOOR
SAN FRANCISCO, CA 94108
[phone]

STIPULATION REGARDING EXPERT DISCLOSURE
DEADLINES – CASE NO.: CV 09-0959 JSW (EDL)