The Government of Guam Retirement Fund v. Axa Rosenberg Group LLC. et al

Filing 18

ORDER GRANTING 17 Stipulation Order No. 2. Signed by Judge Jeffrey S. White on 3/18/11. (jjoS, COURT STAFF) (Filed on 3/18/2011)

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BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP BLAIR A. NICHOLAS (Bar No. 178428) ([e-mail]) DAVID KAPLAN (Bar No. 230144) ([e-mail]) 12481 High Bluff Drive, Suite 300 San Diego, CA 92130 Tel: [phone] Fax: [phone] Attorneys for the Government of Guam Retirement Fund [Additional Counsel Appear on Signature Page]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA The Government of Guam Retirement Fund, individually, and on behalf of all others similarly situated, Plaintiff, v. AXA Rosenberg Group LLC, AXA Rosenberg Investment Management LLC, and Barr Rosenberg Research Center LLC, Defendants. Case No. C 11-00536 JSW JOINT STIPULATION AND [PROPOSED] ORDER NO. 2 Courtroom: 11, 19th Floor Judge: Jeffrey S. White

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JOINT STIPULATION AND [PROPOSED] ORDER NO. 2

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WHEREAS, on February 3, 2011, Plaintiff the Government of Guam Retirement Fund filed a Class Action Complaint (the "Complaint") against Defendants AXA Rosenberg Group LLC, AXA Rosenberg Investment Management LLC, and Barr Rosenberg Research Center LLC ("Guam Defendants") for (1) breach of fiduciary duty; (2) negligence/gross negligence; and (3) an accounting. WHEREAS, on February 24, 2011 (Dkt. No.7), the Court entered an Order ("Order No. 1") that: (1) extended the deadline for the Guam Defendants to answer, move, or otherwise respond to the Complaint until March 25, 2011; (2) extended the deadline for Plaintiff to oppose any motion to dismiss the Complaint (or any claim asserted therein) until 30 days from the filing of the motion to dismiss; (3) ordered the parties to hold the conference required by Rule 26(f) of the Federal Rules of Civil Procedure ("Rules") no later than April 15, 2011; and (4) appointed Bernstein Litowitz Berger & Grossmann LLP as interim lead plaintiff's counsel for the putative class pursuant to Rule 23(g)(3). WHEREAS, on February 24, 2011, a class action complaint arising under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq. ("ERISA") was filed against the Guam Defendants and Barr Rosenberg ("NEI Health Benefit Fund Defendants" or "Defendants") in the Northern District of California titled The Board of Trustees of the National Elevator Industry Health Benefit Fund v. AXA Rosenberg Group, LLC, et al., Case No. 4:11-cv00897 ("NEI Health Benefit Fund"). Similar to the complaint in this case, the NEI Health Benefit Fund complaint alleges that NEI Health Benefit Fund Defendants owed fiduciaries duties to plaintiff and members of the putative class and breached those duties in connection with a significant computer error in AXA Rosenberg Group LLC quantitative investment models and that Defendants are liable to plaintiff and members of the putative class for all losses resulting from the breach of ERISA duties, including the return of certain fees. WHEREAS, on March 17, 2011, the parties in this action moved, pursuant to Local Rule 3-12, to relate the NEI Health Benefit Fund case with this action. WHEREAS, Plaintiffs in this action and the NEI Health Benefit Fund action intend to file a consolidated complaint and the parties in this action and the NEI Health Benefit Fund action
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have met and conferred regarding (i) scheduling a date for the filing of the consolidated complaint (the "Consolidated Complaint"); (ii) extending the deadline for Defendants to answer, move, or otherwise respond to the Consolidated Complaint; (iii) scheduling the earliest practicable date for the parties in the Consolidated Action to meet and confer pursuant to Rule 26(f); and (iv) designation of Plaintiffs' counsel in the Consolidated Action as Co-Interim Lead Counsel pursuant to Rule 23(g)(3) to aid in the orderly and efficient development of the case. THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the Parties hereto, with the Court's permission, that: 1. 2. 3. The deadlines set forth in the Court's Order No. 1 are vacated. Plaintiffs shall, by April 15, 2011, file a Consolidated Complaint. Defendants shall, by May 30, 2011, answer, move, or otherwise respond to the Consolidated Complaint. 4. If Defendants move to dismiss one or more claims in the Consolidated Complaint, opposition papers shall be filed by Plaintiffs within 30 days from the filing of the motion to dismiss. Any reply by Defendants shall be filed within 21 days of the filing of the opposition. 5. The parties shall hold the conference required by Rule 26(f) no later than June 17, 2011. 6. Bernstein Litowitz Berger and Grossmann LLP and Lieff Cabraser Heimann & Bernstein, LLP are appointed co-interim lead plaintiffs' counsel for the putative class ("Co-Interim Lead Counsel") pursuant to Rule 23(g)(3). Defendants take no position on the appointment of these firms as Co-Interim Lead Counsel but if so appointed, Defendants' counsel may rely upon all agreements made with CoInterim Lead Counsel.

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JOINT STIPULATION AND [PROPOSED] ORDER NO. 2

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Dated: March 17, 2011

Respectfully submitted, BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP /s/ Blair A. Nicholas BLAIR A. NICHOLAS DAVID KAPLAN 12481 High Bluff Drive, Suite 300 San Diego, CA 92130 Tel: [phone] Fax: [phone] Attorneys for Plaintiff the Government of Guam Retirement Fund

Dated: March 17, 2011

LIEFF CABRASER HEIMANN & BERNSTEIN LLP /s/ Kelly M. Dermody KELLY M. DERMODY ALISON STOCKING 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Tel: [phone] Fax: [phone] Attorneys for Plaintiff The Board of Trustees of the National Elevator Industry Health Benefit Fund

Dated: March 17, 2011

MAYER BROWN LLP /s/ Lee H. Rubin LEE H. RUBIN Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Tel: [phone] Fax: [phone] Attorneys for Defendants AXA Rosenberg Group LLC, AXA Rosenberg Investment Management LLC, and Barr Rosenberg Research Center

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JOINT STIPULATION AND [PROPOSED] ORDER NO. 2

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Dated: March 17, 2011

COBLENTZ, PATCH, DUFFY & BASS LLP

_____/s/ Jonathan Bass______________________ JONATHAN BASS One Ferry Building, Suite 200 San Francisco, CA 94111-4213 Tel: [phone] Fax: [phone] Attorneys for Barr Rosenberg

[PROPOSED ORDER] 9 10 11 12 13 14 15 16 CERTIFICATION UNDER GENERAL ORDER NO. 45 17 18 19 20 21 22 23 24 25 26 27 28
JOINT STIPULATION AND [PROPOSED] ORDER NO. 2

PURSUANT TO STIPULATION, IT IS SO ORDERED.

March 18 DATED: ________________ , 2011

______________________________________ HONORABLE JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE

I, Blair A. Nicholas, am the ECF User whose ID and password are being used to file this Joint Stipulation and [Proposed] Order. In compliance with General Order No. 45, X.B., I attest that Kelly M. Dermody, Lee H. Rubin, and Jonathan Bass have concurred in this filing. Dated: March 17, 2011 /s/Blair A. Nicholas BLAIR A. NICHOLAS

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CERTIFICATE OF SERVICE I hereby certify that on March 17, 2011, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail address denoted on the attached Electronic Mail Notice List for this matter. I am also serving the foregoing by placing the document in a sealed envelope with postage prepaid, via First Class Mail, in the United States mail at San Diego, California to the parties listed on the attached Service List. I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on March 17, 2011.

/s/ Blair A. Nicholas 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
1 CERTIFICATE OF SERVICE

BLAIR A. NICHOLAS BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP 12481 High Bluff Drive, Suite 300 San Diego, CA 92130 Tel: [phone] Fax: [phone] Email: [e-mail]

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Mailing Information
Electronic Mail Notice List for Case No. CV11-0536 JSW: Lee H. Rubin [e-mail]

Service List: Jonathan R. Bass Susan K. Jamison Coblentz, Patch, Duffy & Bass LLP One Ferry Buidling, Suite 200 San Francisco, CA 94111-4213 Telephone: [phone] Fax: [phone] Email: [e-mail] [e-mail] Attorneys for Defendant Barr Rosenberg Rena Chng Mayer Brown LLP Two Palo Alto Square, Suite 300 3000 El Camino Real Palo Alto, CA 94306-2112 Telephone: [phone] Fax: [phone] Email: [e-mail] Attorneys for Defendants AXA Rosenberg Group LLC, AXA Rosenberg Investment Management LLC, and Barr Rosenberg Research Center LLC Kelly M. Dermody Alison Stocking Leiff Cabraser Heimann & Bernstein LLP 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Fax: [phone] Email: [e-mail] [e-mail]

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Steven Eliott Fineman Leiff Cabraser Heimann & Bernstein LLP 250 Hudson Street 8th Floor New York, NY 10013-1413 Telephone: [phone] Fax: [phone] Email: [e-mail] Louis P. Malone, III O'Donoghue & O'Donoghue 4748 Wisconsin Ave., NW Washington, DC 20016 Attorneys for Plaintiff the Board of Trustees of the National Elevator Industry Health Benefit Fund

Courtesy Copy Hand Delivered to: Honorable Claudia Wilken U.S. District Court for the Northern District of California Oakland Courthouse Courtroom 2- 4th Floor 1301 Clay Street Oakland, CA 94612

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