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

Filing 25

ORDER GRANTING JOINT STIPULATION No.4 24 . Signed by Judge Jeffrey S. White on 5/27/2011. (lmh, COURT STAFF) (Filed on 5/27/2011)

Case3:11-cv-00536-JSW Document24

1
2
3
4

Filed05/26/11 Page1 of 5

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. CV 11-00536 JSW
Case No. CV 11-0897
JOINT STIPULATION AND
[PROPOSED] ORDER NO. 4
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. 4 (CASE NO. CV 11-00536 (JSW))

Case3:11-cv-00536-JSW Document24

1

Filed05/26/11 Page2 of 5

WHEREAS, on March 18, 2011, the Court entered an order (“Order No. 2”) that, among

2

other things, ordered Plaintiffs to file a Consolidated Complaint by April 15, 2011 and ordered

3

Defendants to answer, move, or otherwise respond to the Consolidated Complaint by May 30,

4

2011, which is a federal holiday;

5
6
7

WHEREAS, on April 15, 2011, Plaintiffs filed the Consolidated Complaint
(“Complaint”) against Defendants;
WHEREAS, the Complaint involves two proposed classes of plaintiffs, an Investor Class

8

and an ERISA Class, and alleges eight causes of action against Defendants, namely: breach of

9

fiduciary duty on behalf of the Investor Class (Count I), aiding and abetting breach of fiduciary

10

duty on behalf of the Investor Class (Count II), negligence/gross negligence on behalf of the

11

Investor Class (Count III), an accounting for the Investor Class (Count IV), breach of the duty of

12

prudence on behalf of the ERISA Class (Count V), breach of the duty of loyalty on behalf of the

13

ERISA Class (Count VI), co-fiduciary liability on behalf of the ERISA class (Count VII), and

14

prohibited transactions on behalf of the ERISA class (Count VIII);

15

WHEREAS, Defendants AXA Rosenberg Group LLC, AXA Rosenberg Investment

16

Management LLC, and Barr Rosenberg Research Center LLC together intend to file a motion to

17

dismiss the Complaint and Defendant Barr Rosenberg intends to file a separate motion to dismiss

18

the Complaint;

19

WHEREAS, pursuant to the Court’s Civil Standing Order, all briefs in support of, in

20

opposition to, or in reply to any motion (with certain exceptions not relevant here), may not

21

exceed fifteen pages in length;

22

WHEREAS, given the legal issues raised by the Complaint, as well as the need to brief

23

arguments unique to particular Defendants, Defendants believe they collectively will need more

24

than fifteen pages for each of their two respective briefs in support of their motions to dismiss;

25

WHEREAS, to respond to the anticipated arguments in the motions to dismiss, Plaintiffs

26

will likely need more than fifteen pages for their briefs in opposition to Defendants’ respective

27

motions to dismiss.

28
2
JOINT STIPULATION AND [PROPOSED] ORDER NO. 4 (CASE NO. CV 11-00536 (JSW))

Case3:11-cv-00536-JSW Document24

1
2

Filed05/26/11 Page3 of 5

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

3

1.

The aggregate page limit for Defendants’ motions to dismiss and

4

supporting briefs shall be extended to forty (40) pages, and no individual brief on

5

behalf of any defendant or group of defendants shall exceed twenty-five (25)

6

pages.

7

2.

8

respective motions to dismiss and supporting briefs shall also be extended to forty

9

(40) pages, and, if Plaintiffs do not file a consolidated opposition, no individual

The aggregate page limit for Plaintiffs’ opposition to Defendants’

10

brief in response to a specific motion to dismiss shall exceed 25 pages.

11

3.

12

extended to twenty-five (25) pages, and no individual brief on behalf of any

13

defendant or group of defendants shall exceed fifteen (15) pages.

14

4.

Defendants’ motions to dismiss shall be filed no later than May 31, 2011.

15

5.

Plaintiffs’ opposition to Defendants’ motions to dismiss shall be filed no

16

later than July 15, 2011.

17

6.

Defendants’ reply briefs shall be filed no later than August 12, 2011.

18

7.

The parties agree to notice the hearing for the motion for September 16,

19

2011.

20

The aggregate page limit for Defendants’ respective reply briefs shall be

Dated: May 26, 2011

Respectfully submitted,

21

MAYER BROWN LLP

22

/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]

23
24
25
26
27

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

28
3
JOINT STIPULATION AND [PROPOSED] ORDER NO. 4 (CASE NO. CV 11-00536 (JSW))

Case3:11-cv-00536-JSW Document24

Filed05/26/11 Page4 of 5

1
Dated: May 26, 2011
2
3

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

4
5
6
7
8

BERNSTEIN LITOWITZ BERGER &
GROSSMANN LLP

Dated: May 26, 2011

Co-Lead Interim Counsel for the Proposed Class
LIEFF CABRASER HEIMANN & BERNSTEIN
LLP

9

13

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

14

Co-Lead Interim Counsel for the Proposed Class

10
11
12

15
Dated: May 26, 2011
16

COBLENTZ, PATCH, DUFFY & BASS LLP

19

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

20

Counsel for Defendant Barr Rosenberg

17
18

21
22
23

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

24
25
26

May 27
DATED: ___________, 2011

_______________________________________
HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

27
28
4
JOINT STIPULATION AND [PROPOSED] ORDER NO. 4 (CASE NO. CV 11-00536 (JSW))