Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund v. Fontaine et al

Filing 28

ORDER continuing cmc to 4/23/10 (tf, COURT STAFF) (Filed on 4/9/2010)

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PILLSBURY WINTHROP SHAW PITTMAN LLP BRUCE A. ERICSON #76342 [e-mail] JEFFREY JACOBI #252884 [e-mail] 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120-7880 Telephone: [phone] Facsimile: [phone] Attorneys for All Defendants Except Credit Suisse Securities (USA) LLC and Morgan Stanley & Company Incorporated UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION PLUMBERS AND PIPEFITTERS LOCAL UNION NO. 630 PENSION-ANNUITY TRUST FUND, Derivatively on Behalf of CENTURY ALUMINUM COMPANY, Plaintiff, vs. JOHN C. FONTAINE, JACK E. THOMPSON, PETER C. JONES, ROBERT E. FISHMAN, JOHN P. O'BRIEN, WILLY R. STROTHOTTE, JARL BERNTZEN, CATHERINE Z. MANNING, LOGAN W. KRUGER, MICHAEL A. BLESS, WAYNE R. HALE, STEVE SCHNEIDER, CREDIT SUISSE SECURITIES (USA) LLC, and MORGAN STANLEY & CO. INCORPORATED, Defendants, No. C-09-4963-SI STIPULATION AND [PROPOSED] ORDER POSTPONING CASE MANAGEMENT CONFERENCE Attached hereto: Proposed Order

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702132176v1 STIPULATION AND [PROPOSED] ORDER Case No. C-09-4963-SI

CENTURY ALUMINUM COMPANY, a Delaware corporation, Nominal Defendant.

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RECITALS On December 1, 2009, the parties entered into, and on December 9, 2009,

the Court (Judge Ware) signed, a stipulation and order coordinating the settling of the pleadings in this derivative action (the "Derivative Action") with the resolution of motions to dismiss expected to be filed in the related consolidated class actions, No. C-09-1001-SI (the "Class Actions"). See Stipulation and Order, Doc. 16 in this action, filed December 9, 2009. As stated in their stipulation, the parties did so (inter alia) for two reasons: "7. Although it asserts different legal theories, the Derivative Action

arises out of the same transactions and occurrences as the Consolidated Class Actions, and names the same individual defendants and underwriter defendants. "9. The parties agree that it makes sense to postpone further activity in

the Derivative Action until the motions to dismiss the Consolidated Class Actions are heard and resolved." See Doc. 16, ¶¶ 7, 9. 2. On December 14, 2009, this Court (Judge Illston) entered an Order Relating

Case relating this Derivative Action to the Class Actions. See Doc. 17 in this case and Doc. 57 in C-09-1001-SI. 3. The Class Action defendants filed motions to dismiss the Class Actions and

plaintiffs in that case sought to amend their complaint. See Docs. 61 - 65 filed Jan. 15, 2010 in No. C-09-1001-SI. The parties to the Class Actions ultimately stipulated to the filing of an amended complaint, and to adjusting the briefing and hearing schedule so that the hearing on the motions to dismiss the Class Actions, and the next case management conference in the Class Actions, both would be heard on April 16, 2010 (with the motions at 9 a.m. and the case management conference at 2:30 p.m.). This Court (Judge Illston) signed the stipulated order. See Doc. 67-68, filed Jan. 29 and Feb. 1, 2010. 4. In accordance with the stipulation of the parties, on February 10, 2010, this

Court entered an order postponing the case management conference in the above-captioned Derivative Action from February 26, 2010 at 2:30 p.m. to April 16, 2010, the same day as -1702132176v1 STIPULATION AND [PROPOSED] ORDER Case No. C-09-4963-SI

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the hearing and the case management conference in the Class Actions. See Doc. 22 filed Feb. 10, 2010. 5. On April 1, 2010, the parties to the Class Actions filed a stipulation and

proposed order requesting, inter alia, that the hearing on the motions to dismiss the Class Actions be heard on April 23, 2010 at 9:00 a.m. See Doc. 80 in C-09-1001-SI. 6. On April 6, 2010, the parties to the Class Actions filed a stipulation and

proposed order requesting that the case management conference in the Class Actions (currently set for April 16, 2010 at 2:30 p.m.) also be continued to April 23, 2010. See Doc. 83 in C-09-1001-SI. 7. In light of the parties' stipulation in the above-captioned Derivative Action

(Doc. 16), and to conserve the parties' and the Court's resources, the parties agree that it makes sense to reschedule the case management conference in this Derivative Action, currently set for April 16, 2010 at 2:30 p.m., to April 23, 2010, the same day as the hearing on the motions to dismiss and the case management conference in the Class Actions. STIPULATION THEREFORE, IT IS HEREBY STIPULATED, by and between the undersigned counsel for the parties herein and the parties hereby respectfully request that the Court: 1. Continue the Case Management Conference currently set for April 16, 2010

at 2:30 p.m. until April 23, 2010, either at 2:30 p.m. or at 3:00 p.m., whichever the Court prefers; and 2. Vacate the deadlines set by the Order Setting Initial Case Management

Conference and ADR Deadlines and the February 10, 2010 Order Postponing Case Management Conference in favor of new deadlines consistent with this stipulation, the new date set for the Case Management Conference and Fed. R. Civ. P. 26(f)(1) and (2), Civil Local Rules 16-8 and 16-9, and ADR Local Rule 3-5.

-2702132176v1

STIPULATION AND [PROPOSED] ORDER Case No. C-09-4963-SI

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DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B I, JEFFREY S. JACOBI, hereby declare pursuant to General Order 45, § X.B, that I have obtained the concurrence in the filing of this document from each of the other signatories listed below. I declare under penalty of perjury that the foregoing declaration is true and correct. Executed on April 6, 2010, at San Francisco, California. /s/ Jeffrey S. Jacobi Jeffrey S. Jacobi Dated: April 6, 2010. PILLSBURY WINTHROP SHAW PITTMAN LLP BRUCE A. ERICSON JEFFREY JACOBI 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120-7880 /s/ Jeffrey S. Jacobi Jeffrey S. Jacobi Attorneys for Defendants JOHN C. FONTAINE, JACK E. THOMPSON, PETER C. JONES, ROBERT E. FISHMAN, JOHN P. O'BRIEN, WILLY R. STROTHOTTE, JARL BERNTZEN, CATHERINE Z. MANNING, LOGAN W. KRUGER, MICHAEL A. BLESS, WAYNE R. HALE and STEVE SCHNEIDER, and Nominal Defendant CENTURY ALUMINUM COMPANY By _ Dated: April 6, 2010. ORRICK, HERRINGTON & SUTCLIFFE ROBERT P. VARIAN TODD SCOTT The Orrick Building 405 Howard Street San Francisco, CA 94105 By _ /s/ Robert P. Varian Robert P. Varian Attorneys for Defendants CREDIT SUISSE SECURITIES (USA) LLC AND MORGAN STANLEY & CO. INCORPORATED

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Dated: April 6, 2010. ROBBINS GELLER RUDMAN & DOWD LLP SHAWN A. WILLIAMS 100 Pine Street, Suite 2600 San Francisco, CA 94111 - and ­ TRAVIS E. DOWNS III BENNY C. GOODMAN III 655 West Broadway, Suite 1900 San Diego, CA 92101 Benny C. Goodman III________ Benny C. Goodman III Attorneys for Plaintiff PLUMBERS AND PIPEFITTERS LOCAL UNION NO. 630 PENSIONANNUITY TRUST FUND, Derivatively on Behalf of CENTURY ALUMINUM COMPANY By _ [PROPOSED] ORDER Upon consideration of the parties' stipulation and good cause appearing, IT IS HEREBY ORDERED THAT:

14 15 16 2. 17 and ADR Deadlines (Doc. 4, filed Oct. 19, 2009) and the February 10, 2010 Order 18 Postponing Case Management Conference (Doc. 22) are hereby vacated in favor of new 19 deadlines consistent with Fed. R. Civ. P. 26(f)(1) and (2), Civil Local Rules 16-8 and 16-9, 20 and ADR Local Rule 3-5 (namely, the Joint Case Management Statement must be filed by 21 April 16, 2010). 22 Dated: April __, 2010. 23 24 25 26 27 28 -4702132176v1 STIPULATION AND [PROPOSED] ORDER Case No. C-09-4963-SI

The Initial Case Management Conference currently set for April 16, 2010 at 2:30 2:30 p.m. is hereby continued to April 23, 2010, at _:__ p.m.. The deadlines set by the Order Setting Initial Case Management Conference

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The Honorable Susan Illston United States District Judge