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

Filing 23

ORDER GRANTING Stipulation No. 3. Case Management Conference continued to 7/15/2011 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge Jeffrey S. White on 5/13/2011. (lmh, COURT STAFF) (Filed on 5/13/2011)

Case3:11-cv-00536-JSW Document22

1
2
3
4

Filed05/12/11 Page1 of 4

MAYER BROWN LLP
Lee H. Rubin (SBN 141331)
Two Palo Alto Square, Suite 300
3000 El Camino Real
Palo Alto, CA 94306-2112
Telephone: [phone]
Facsimile: [phone]
[e-mail]

5

7

Counsel for Defendants
AXA Rosenberg Group LLC, AXA Rosenberg
Investment Management LLC, and Barr
Rosenberg Research Center LLC

8

[Additional Counsel Appear on Signature Page]

6

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12

OAKLAND DIVISION

13
14
15
16
17
18

THE GOVERNMENT OF GUAM
RETIREMENT FUND; THE SACRAMENTO
COUNTY EMPLOYEES’ RETIREMENT
SYSTEM; THE BOARD OF TRUSTEES OF
THE NATIONAL ELEVATOR INDUSTRY
HEALTH BENEFIT FUND; and THE BOARD
OF TRUSTEES OF THE PIPEFITTERS
LOCAL 636 DEFINED BENEFIT PENSION
FUND, both individually and on behalf of all
others similarly situated,

19
20
21
22
23
24

Lead Case No. C 11-00536 JSW
Case No. CV11-0897
JOINT STIPULATION AND
[PROPOSED] ORDER NO. 3
Courtroom: 11, 19th Floor
Judge: Jeffrey S. White

Plaintiff,
v.
AXA ROSENBERG GROUP LLC, AXA
ROSENBERG INVESTMENT
MANAGEMENT LLC, BARR ROSENBERG
RESEARCH CENTER LLC, and BARR
ROSENBERG,
Defendants.

25
26
27
28
JOINT STIPULATION AND [PROPOSED] ORDER NO. 3 (CASE NO. C 11-00536 (JSW))

Case3:11-cv-00536-JSW Document22

1

Filed05/12/11 Page2 of 4

WHEREAS, on March 15, 2011, the Court entered an Initial Scheduling Conference

2

Order (“the March 15, 2011 Order”) in the putative class action captioned the Government of

3

Guam Retirement Fund v. AXA Rosenberg Group LLC, AXA Rosenberg Investment Management

4

LLC, and Barr Rosenberg Research Center LLC, Case No. C 11-00536 (“the Guam Action”), in

5

which the Court set the Case Management Conference for May 27, 2011 and ordered a Case

6

Management Statement by May 20, 2011;

7

WHEREAS, on March 17, 2011, the parties moved to relate the Guam Action with

8

another putative class action filed in the Northern District of California captioned The Board of

9

Trustees of the National Elevator Industry Health Benefit Fund v. AXA Rosenberg Group, LLC,

10

et al., Case No. 4:11-cv-00897 (“NEI Health Benefit Fund Action”) and informed the Court that

11

Plaintiffs in the Guam Action and NEI Health Benefit Fund Action intended to file a

12

consolidated complaint;

13

WHEREAS, on March 18, 2011, the Court granted the parties’ motion to relate the NEI

14

Health Benefit Fund Action to the Guam Action (“Related Cases”) and further entered an order

15

(“Order No. 2”) that, among other things, (1) vacated the deadlines set forth in the Court’s

16

previous order in the Guam Action dated February 24, 2011 (“Order No. 1”); (2) ordered

17

Plaintiffs to file a Consolidated Complaint by April 15, 2011 and ordered Defendants to answer,

18

move, or otherwise respond to the Consolidated Complaint by May 30, 2011; and (3) ordered the

19

parties to hold the conference required by Rule 26(f) of the Federal Rules of Civil Procedure no

20

later than June 17, 2011;

21
22
23
24
25
26
27
28

WHEREAS, on April 15, 2011, Plaintiffs filed a Consolidated Complaint against
Defendants;
WHEREAS, pursuant to the Court’s Order No. 2, Defendants plan to move to dismiss
Plaintiffs’ Consolidated Complaint by May 30, 2011;
WHEREAS, pursuant to the Court’s Order No. 2, Plaintiffs and Defendants will hold the
discovery conference required by Rule 26(f) no later than June 17, 2011;
WHEREAS, Rule 26(f)(1) requires that parties meet and confer at least 21 days before a
scheduling conference is to be held or a scheduling order is due under Rule 16(b);
2
JOINT STIPULATION AND [PROPOSED] ORDER NO. 3 (CASE NO. C 11-00536 (JSW))

Case3:11-cv-00536-JSW Document22

Filed05/12/11 Page3 of 4

1

WHEREAS, pursuant to the Court’s March 15, 2011 Order, the Case Management

2

Conference for the Guam Case remains scheduled for May 27, 2011, which is three weeks before

3

the parties’ deadline for holding a Rule 26(f) conference.

4
5

THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the
Parties hereto, with the Court’s permission, that:

6

1.

The deadlines set forth in the Court’s March 15, 2011 Order in the Guam

7

Action for the Case Management Conference are vacated.

8

2.

9

Rule 16-2(a) shall be held before the Court on Friday, July 15, 2011 at 1:30 p.m.,

The Case Management Conference in the Related Cases required by Local

10

or at a later date at the Court’s convenience.

11

3.

12

filed by July 8, 2011.

13

The Case Management Statement required by Local Rule 16-9 shall be

Dated: May 12, 2011

Respectfully submitted,

14

MAYER BROWN LLP

15

/s/ Lee H. Rubin__________
LEE H. RUBIN
Two Palo Alto Square, Suite 300
3000 El Camino Real
Palo Alto, CA 94305-2112
Tel: [phone]
Fax: [phone]

16
17
18
19

Counsel for Defendants
AXA Rosenberg Group LLC, AXA Rosenberg
Investment Management LLC, and Barr
Rosenberg Research Center LLC

20
21
22
23

Dated: May 12, 2011

BERNSTEIN LITOWITZ BERGER &
GROSSMANN LLP

27

/s/ Blair A. Nicholas__________
BLAIR A. NICHOLAS
DAVID KAPLAN
12481 High Bluff Drive, Suite 300
San Diego, CA 92130
Tel: [phone]
Fax: [phone]

28

Co-Lead Interim Counsel for the Proposed Class

24
25
26

3
JOINT STIPULATION AND [PROPOSED] ORDER NO. 3 (CASE NO. C 11-00536 (JSW))

Case3:11-cv-00536-JSW Document22

1

Dated: May 12, 2011

2

Filed05/12/11 Page4 of 4

LIEFF CABRASER HEIMANN & BERNSTEIN
LLP

6

/s/ Kelly M. Dermody__________
KELLY M. DERMODY
ALISON STOCKING
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Tel: [phone]
Fax: [phone]

7

Co-Lead Interim Counsel for the Proposed Class

3
4
5

8
Dated: May 12, 2011
9

COBLENTZ, PATCH, DUFFY & BASS LLP

12

/s/ Jonathan Bass__________
JONATHAN BASS
One Ferry Building, Suite 200
San Francisco, CA 94111-4213
Tel: [phone]
Fax: [phone]

13

Counsel for Defendant Barr Rosenberg

10
11

14
15

[PROPOSED ORDER]
PURSUANT TO STIPULATION, IT IS SO ORDERED.

16
17
18

May 13
DATED: ___________, 2011

19

_______________________________________
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

20
21
22

CERTIFICATION UNDER GENERAL ORDER NO. 45
I, Lee H. Rubin, am the ECF User whose ID and password are being used to file this

23
24
25
26

Joint Stipulation and [Proposed] Order. In compliance with General Order No. 45, X.B., I attest
that Blair A. Nicholas, Kelly M. Dermody, and Jonathan Bass have concurred in this filing.
Dated: May 12, 2011
/s/ Lee H. Rubin__________
LEE H. RUBIN

27
28
4

JOINT STIPULATION AND [PROPOSED] ORDER NO. 3 (CASE NO. C 11-00536 (JSW))