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

Filing 35

ORDER continuing case management to 9/3/10 @ 2:30. (tf, COURT STAFF) (Filed on 6/15/2010)

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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, et al., Defendants, - and CENTURY ALUMINUM COMPANY, a Delaware corporation, Nominal Defendant. No. C-09-4963-SI STIPULATION AND [PROPOSED] ORDER POSTPONING CASE MANAGEMENT CONFERENCE Current Date: Proposed Date: July 9, 2010 Sept. 3, 2010

Attached hereto: Proposed Order

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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. On April 27, 2010, this Court granted defendants' motions to dismiss the

amended consolidated complaint in the Class Actions. Doc. 90 in C-09-1001-SI. On May 28, 2010, plaintiffs in the Class Actions filed a Second Amended Consolidated Class Action Complaint ("SAC"). See Doc. 94 in C-09-1001-SI. On June 3, 2010, this Court entered a stipulated order setting a briefing schedule for motions to dismiss the SAC; the order sets a hearing date of September 3, 2010, and also postpones the further case management conference in the Class Actions from July 9, 2010 to September 3, 2010, at 3 p.m. See Doc. 97 in C-08-1001-SI, at 4. 4. The case management conference in this Derivative Action had been set so

that it would coincide with the case management conference in the Class Actions. In light of the foregoing, the parties agree that it makes sense to postpone the case management -1702245679v1 STIPULATION AND [PROPOSED] ORDER Case No. C-09-4963-SI

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conference in this Derivative Action (currently set for July 9, 2010 at 2:30 p.m.) so that it occurs on September 3, 2010, the same day as 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 continue the Case Management Conference currently set for July 9, 2010 at 2:30 p.m. until September 3, 2010, either at 2:30 p.m. or at 3:00 p.m. (the latter is the time set for the case management conference in the Class Actions), whichever the Court prefers. DECLARATION PURSUANT TO GENERAL ORDER 45, § X.B I, BRUCE A. ERICSON, 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 June 8, 2010, at San Francisco, California. /s/ Bruce A. Ericson Bruce A. Ericson Dated: June 8, 2010. PILLSBURY WINTHROP SHAW PITTMAN LLP BRUCE A. ERICSON JEFFREY JACOBI 50 Fremont Street Post Office Box 7880 San Francisco, CA 94120-7880 /s/ Bruce A. Ericson Bruce A. Ericson 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 _

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Dated: June 8, 2010. ORRICK, HERRINGTON & SUTCLIFFE ROBERT P. VARIAN TODD SCOTT The Orrick Building 405 Howard Street San Francisco, CA 94105 /s/ Robert P. Varian Robert P. Varian Attorneys for Defendants CREDIT SUISSE SECURITIES (USA) LLC AND MORGAN STANLEY & CO. INCORPORATED By _ Dated: June 8, 2010.

10 11 12 13 14 15 16 17 18 19 20 21 22 HEREBY ORDERED THAT the Initial Case Management Conference currently set for 23 24 Dated: June __, 2010. 25 26 27 28 -3702245679v1 STIPULATION AND [PROPOSED] ORDER Case No. C-09-4963-SI

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

2 3 p.m.. July 9, 2010 at 2:30 p.m. is hereby continued to September 3, 2010, at _:__ 0

The Honorable Susan Illston United States District Judge