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

Filing 42

ORDER GRANTING (41) Stipulation to Consolidate. Signed by Judge Jeffrey S. White on 6/30/11. (jjoS, COURT STAFF) (Filed on 6/30/2011)

Case3:11-cv-00536-JSW Document41

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BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
BLAIR A. NICHOLAS (Bar No. 178428)
([e-mail])
BENJAMIN GALDSTON (Bar No. 211114)
([e-mail])
DAVID KAPLAN (Bar No. 230144)
([e-mail])
PAUL M. JONNA (Bar No. 265389)
([e-mail])
12481 High Bluff Drive, Suite 300
San Diego, CA 92130
Tel: [phone]
Fax: [phone]

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Co-Interim Lead Plaintiffs’ Counsel
for the Proposed Class

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Filed06/29/11 Page1 of 11

LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
KELLY M. DERMODY (Bar No. 171716)
([e-mail])
ALISON M. STOCKING
([e-mail])
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Tel: [phone]
Fax: [phone]
STEVEN E. FINEMAN
([e-mail])
RACHEL GEMAN
([e-mail])
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Tel: [phone]
Fax: [phone]

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Co-Interim Lead Plaintiffs’ Counsel
for the Proposed Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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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,

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Lead Case No. CV 11-00536 JSW
Case No. CV 11-0897 JSW
Case No. CV 11-02594 DMR
STIPULATION AND [PROPOSED]
CONSOLIDATION ORDER
Courtroom: 11, 19th Floor
Judge: Jeffrey S. White

Plaintiffs,
v.
AXA ROSENBERG GROUP LLC, AXA
ROSENBERG INVESTMENT
MANAGEMENT LLC, BARR ROSENBERG
RESEARCH CENTER LLC, and BARR
ROSENBERG,
Defendants.
STIPULATION AND [PROPOSED]
CONSOLIDATION ORDER
Case No. CV 11-00536 JSW

Case3:11-cv-00536-JSW Document41

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STIPULATION AND [PROPOSED] CONSOLIDATION ORDER
Pursuant to Federal Rule of Civil Procedure 16(e) and Manual for Complex Litigation,
Fourth §§ 11.12 and 11.21, the parties stipulate, and the Court hereby orders, as follows:
CONSOLIDATION OF RELATED CASES

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Filed06/29/11 Page2 of 11

1.

The actions listed below are related cases within the meaning of Civil L.R. 3-12.

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Pursuant to Fed. R. Civ. P. 42(a), these cases are hereby consolidated into Civil Action No. CV

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11-0536
_____________ for all purposes, including pretrial proceedings and trial (the “Consolidated

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Action”). The Consolidated Action shall be captioned: “In re AXA Rosenberg Investor Litigation.”

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CASE

FILED

The Government of Guam Retirement Fund v. AXA Rosenberg Feb. 3, 2011
Group LLC, et al., No. CV11-0536 (“Government of Guam
Action”)
The Board of Trustees of the National Elevator Industry Health Feb. 24, 2011
Benefit Fund v. AXA Rosenberg Group LLC, et al., No. CV110897 (“NEI Health Benefit Fund Action”)
Trustees of the Carpenters Pension Fund of Illinois v. AXA May 31, 2011
Rosenberg Group, LLC et al., No. CV11-2594 (“Carpenter
Action”)

COURT
N.D. Cal.

N.D. Cal.

N.D. Cal.

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2.

All related actions that are subsequently filed in, or transferred to, this District

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shall be automatically consolidated with and into this action for all purposes. This Order shall
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apply to every such related action, absent further order of the Court. A party that objects to such
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consolidation, or to any other provision of this Order, must file an application for relief from this
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Order within thirty (30) days after the date on which a copy of the order is mailed to the party’s
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counsel, pursuant to Paragraph 3, infra.
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3.

When a case that properly belongs as part of the Consolidated Action is filed in,

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or transferred to, this District, Interim Lead Plaintiffs’ Counsel shall file a Notice of Related
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Cases pursuant to Civil L.R. 3-12. If the Court determines that the case is related, the clerk shall:
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(a)

place a copy of this Order in the separate file for such action;

(b)

serve on plaintiff’s counsel in the new case a copy of this Order;

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STIPULATION AND [PROPOSED]
CONSOLIDATION ORDER
Case No. CV 11-00536 JSW

Case3:11-cv-00536-JSW Document41

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(c)

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direct that this Order be served upon defendants in the new case;
and

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(d)
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make the appropriate entry in the Master Docket.

This Order is entered without prejudice to the rights of any party to apply for

severance of any claim or action, for good cause shown.
MASTER DOCKET AND CAPTION

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Filed06/29/11 Page3 of 11

5.

The docket in Civil Action No. CV 11-00536 shall constitute a Master Docket for

this action. Hereafter, papers need only be filed in the Master Docket.
6.

Every pleading filed in the Consolidated Action shall bear the following caption:

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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In re AXA ROSENBERG INVESTOR
LITIGATION

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This Document Relates To:

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Master File No.
CV 11-00536 JSW

CLASS ACTION

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7.

The file in Civil Action No. CV 11-00536 shall constitute a Master File for

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every action in the Consolidated Action. When the document being filed pertains to all

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actions, the phrase “All Actions” shall appear immediately after the phrase “This Document

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Relates To:”. When a pleading applies only to some, not all, of the actions, the document

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shall list, immediately after the phrase “This Document Relates To:”, the docket number for

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each individual action to which the document applies, along with the last name of the first-

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listed plaintiff in said action (e.g., “No. CV 11-00536 JSW (The Government of Guam

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Retirement Fund)).”

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STIPULATION AND [PROPOSED]
CONSOLIDATION ORDER
Case No. CV 11-00536 JSW

Case3:11-cv-00536-JSW Document41

INTERIM LEAD PLAINTIFFS’ COUNSEL

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Filed06/29/11 Page4 of 11

8.

The law firms of Bernstein Litowitz Berger & Grossmann LLP and Lieff Cabraser

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Heimann & Bernstein, LLP, presently Co-Interim Lead Plaintiffs’ Counsel for the proposed class

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in the Government of Guam and NEI Health Benefit Fund Actions, are designated Co-Interim

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Lead Plaintiffs’ Counsel in the Consolidated Action pursuant to Fed. R. Civ. P. 23(g).

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9.

Co-Interim Lead Plaintiffs’ Counsel shall set policy for plaintiffs for the

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prosecution of the Consolidated Action, delegate and monitor the work performed by plaintiffs’

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attorneys to ensure that there is no duplication of effort or unnecessary expense, coordinate on

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behalf of plaintiffs the initiation and conduct of discovery proceedings, provide direction,

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supervision and coordination of all the activities of plaintiffs’ counsel, and have the authority to

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negotiate a settlement, subject to approval of the Court, and allocate fees among plaintiffs’

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counsel, if awarded. Any agreement reached between counsel for defendants and Co-Interim

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Lead Plaintiffs’ Counsel shall be binding on the plaintiffs and their counsel.

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10.

Co-Interim Lead Plaintiffs’ Counsel shall be responsible for coordinating all

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activities and appearances on behalf of plaintiffs in the Consolidated Action and for the

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dissemination of notices and orders of this Court. No motion, request for discovery or other pre-

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trial or trial proceedings shall be initiated or filed by any plaintiffs in the Consolidated Action

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except through Co-Interim Lead Plaintiffs’ Counsel.

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Co-Interim Lead Plaintiffs’ Counsel also shall be available and responsible for

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communications to and from this Court, including distributing orders and other directions from

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the Court to counsel. Co-Interim Lead Plaintiffs’ Counsel shall be responsible for creating and

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maintaining a master service list of all parties and their respective counsel.

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12.

Defendants take no position on the designation of Co-Interim Lead Plaintiffs’

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Counsel, and this Order is issued without prejudice to any grounds defendants may later assert in

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connection with class certification proceedings in this or any other action.

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13.

Defendants’ counsel may rely upon agreements made with Co-Interim Lead

Plaintiffs’ Counsel. Such agreements shall be binding on all plaintiffs.

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STIPULATION AND [PROPOSED]
CONSOLIDATION ORDER
Case No. CV 11-00536 JSW

Case3:11-cv-00536-JSW Document41

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14.

Filed06/29/11 Page5 of 11

Any counsel of record for a party in this action or a related action who is not a

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member of the Bar of this District but has been admitted to practice pro hac vice in this action or

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such related action is hereby admitted to practice pro hac vice in the Consolidated Action.
PLEADINGS AND MOTIONS

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15.

The Consolidated Complaint filed April 15, 2011 in the Government of Guam

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Action [Dkt. #20] (“Consolidated Complaint”) shall be deemed the operative complaint in the

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Consolidated Action. Defendants are not required to respond to the complaint in any action

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consolidated into this action other than the Consolidated Complaint or a complaint subsequently

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designated by Co-Interim Lead Plaintiffs’ Counsel as the operative complaint.

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16.

All deadlines and orders in the Government of Guam Action shall apply in the

Consolidated Action until further order of the Court.
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The parties shall serve all papers on each other by hand, by overnight delivery, by

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email, or (by prior agreement) by facsimile, unless otherwise agreed upon by the parties.

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Notwithstanding the foregoing, defendants may serve plaintiffs’ counsel, other than Co-Interim

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Lead Plaintiffs’ Counsel, by first-class mail, unless otherwise agreed upon by the parties.

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Dated: June 29, 2011

Respectfully submitted,
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
BLAIR A. NICHOLAS
BENJAMIN GALDSTON
DAVID KAPLAN
PAUL M. JONNA

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/s/ Blair A. Nicholas
BLAIR A. NICHOLAS

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12481 High Bluff Drive, Suite 300
San Diego, CA 92130
Tel: [phone]
Fax: [phone]

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Co-Interim Lead Plaintiffs’ Counsel for the
Proposed Class

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STIPULATION AND [PROPOSED]
CONSOLIDATION ORDER
Case No. CV 11-00536 JSW

Case3:11-cv-00536-JSW Document41

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Dated: June 29, 2011

Filed06/29/11 Page6 of 11

Respectfully submitted,

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LIEFF CABRASER HEIMANN &
BERNSTEIN, LLP
STEVEN E. FINEMAN
RACHEL GEMAN
KELLY M. DERMODY
ALISON M. STOCKING

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/s/ Rachel Geman
RACHEL GEMAN

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275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Tel: [phone]
Fax: [phone]

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250 Hudson Street, 8th Floor
New York, NY 10013-1413
Tel: [phone]
Fax: [phone]

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Co-Interim Lead Plaintiffs’ Counsel for the
Proposed Class

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Dated: June 29, 2011

Respectfully submitted,

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ROBBINS GELLER RUDMAN
& DOWD LLP
DAVID J. GEORGE

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/s/ David J. George
DAVID J. GEORGE

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120 E. Palmetto Park Road, Suite 500
Boca Raton, FL 33432
Tel: [phone]
Fax: (561)

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Attorneys for Plaintiff Trustees of the Carpenters
Pension Fund of Illinois

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Dated: June 29, 2011

Respectfully submitted,

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MAYER BROWN LLP
LEE H. RUBIN

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STIPULATION AND [PROPOSED]
CONSOLIDATION ORDER
Case No. CV 11-00536 JSW

Case3:11-cv-00536-JSW Document41

Filed06/29/11 Page7 of 11

/s/ Lee H. Rubin
LEE H. RUBIN

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Two Palo Alto Square, Suite 300
3000 El Camino Real
Palo Alto, CA 94306-2112
Tel: [phone]
Fax: [phone]

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

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Dated: June 29, 2011

Respectfully submitted,

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COBLENTZ, PATCH, DUFFY & BASS, LLP
JONATHAN BASS

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/s/ Jonathan Bass
JONATHAN BASS

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One Ferry Building, Suite 200
San Francisco, CA 94111-4213
Tel: [phone]
Fax: [phone]

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Attorneys for Defendant Barr Rosenberg
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THE FOREGOING STIPULATION

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IS APPROVED AND IS SO ORDERED.

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June 30
DATED: ________________ , 2011

______________________________________
JUDGE JEFFREY S. WHITE

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STIPULATION AND [PROPOSED]
CONSOLIDATION ORDER
Case No. CV 11-00536 JSW