Laffen v. Hewlett-Packard Company, Plan Committee Investment Review Committee et al

Filing 111

ORDER granting 110 STIPULATION re 107 Order Stipulation and [Proposed] Order Regarding Hearing on Pending Motions to Dismiss filed by Shoreline Investment Management Company, et al. Reset Hearing as to 78 MOTION to Dis miss , 81 MOTION to Dismiss </i. Motion Hearing reset for 2/28/2014 10:30 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 2/10/2014. (beS, COURT STAFF) (Filed on 2/10/2014)

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WACHTELL, LIPTON, ROSEN & KATZ
MARC WOLINSKY (appearance pro hac vice)
GEORGE T. CONWAY III (appearance pro hac vice)
VINCENT G. LEVY (appearance pro hac vice)
51 West 52nd Street
New York, NY 10019
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
FARELLA BRAUN + MARTEL, LLP
NEIL A. GOTEINER (State Bar No. 83524)
THOMAS B. MAYHEW (State Bar No. 183539)
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants Hewlett-Packard Company,
Shoreline Investment Management Company, and
Hewlett-Packard Company 401(k) Plan

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[Additional counsel appear on signature page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Master File No.: C-12-06199 CRB

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IN RE HP ERISA LITIGATION
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This Document Relates To:
ALL ACTIONS

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STIPULATION AND ORDER
REGARDING HEARING ON
PENDING MOTIONS TO DISMISS
Date:
Time:
Judge:
Room:

February 14, 2014
10:30 a.m.
Hon. Charles R. Breyer
6, 17th Floor

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[Local Rule 7-12]
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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER
REGARDING HEARING ON PENDING MOTIONS TO
DISMISS - Master File No.: C-12-06199 CRB

29309\4123346.1

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Defendants Hewlett-Packard Company 401(K) Plan, Hewlett-Packard Company, David
W. Healy, Michael J. Holston, Catherine A. Lesjak, Marc A. Levine, John N. McMullen, James
T. Murrin, John F. Schultz, and Shoreline Investment Management Company (collectively,
“Defendants”) and Plaintiffs hereby stipulate and agree, by and through their undersigned counsel
of record, as follows:

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RECITALS
A.

On June 3, 2013, Plaintiffs filed their Consolidated Amended Class Action

Complaint For Violations Of The Employee Retirement Income Security Act, 29 U.S.C. §1132
(“Amended Complaint”) (Docket No. 50).
B.

On August 15, 2013, Defendants filed motions to dismiss the Amended Complaint

(Docket Nos. 78 & 81) (together, “Defendants’ Motions to Dismiss”).
C.

By Order entered December 10, 2013, the Court directed supplemental briefing in

connection with Defendants’ Motions to Dismiss and vacated the December 20, 2013 hearing
previously set for Defendants’ Motions to Dismiss (Docket No. 104).
D.

By Order entered February 4, 2014, the Court set Defendants’ Motions to Dismiss

for hearing on February 14, 2014 and indicated that the parties may, by stipulation, submit on the
papers (Docket No. 107).
E.

The undersigned parties respectfully request a hearing on Defendants’ Motions to

Dismiss. However, because of a scheduling conflict, the undersigned parties request that the
hearing on Defendants’ Motions to Dismiss be moved to February 28, 2014 at 10:30 a.m.

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STIPULATION
NOW, THEREFORE, the undersigned parties, hereby stipulate and agree, subject to
Court approval, to the following:
1.

The February 14, 2014 hearing on Defendants’ Motions to Dismiss is vacated.

2.

The hearing on Defendants’ Motions to Dismiss shall be set for February 28, 2014

at 10:30 a.m.
IT IS SO STIPULATED.

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER
REGARDING HEARING ON PENDING MOTIONS TO
DISMISS - Master File No.: C-12-06199 CRB

29309\4123346.1

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Dated: February 7, 2014

ZAMANSKY & ASSOCIATES, LLC

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By:

/s/ Samuel Bonderoff
Samuel Bonderoff

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Interim Lead Class Counsel for Plaintiffs
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Dated: February 7, 2014

WACHTELL, LIPTON, ROSEN & KATZ

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By:
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Attorneys for Defendants Hewlett-Packard Company,
Shoreline Investment Management Company, and
Hewlett-Packard Company 401(k) Plan

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/s/ George T. Conway III
George T. Conway III

Dated: February 7, 2014

WILSON SONSINI GOODRICH & ROSATI, PC

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By:

/s/ Steven M. Schatz
Steven M. Schatz

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Attorneys for Defendant Catherine A. Lesjak
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Dated: February 7, 2014

FENWICK & WEST LLP

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By:
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/s/ Kevin Muck
Kevin Muck
Attorneys for Defendants David Healy, Marc Levine,
John McMullen and James Murrin

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Dated: February 7, 2014

SIDLEY AUSTIN LLP

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By:
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/s/ Mark B. Blocker
Mark B. Blocker
Attorneys for Defendant Mike Holston

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER
REGARDING HEARING ON PENDING MOTIONS TO
DISMISS - Master File No.: C-12-06199 CRB

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29309\4123346.1

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Dated: February 7, 2014

BERGESON LLP

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By:

/s/ Daniel Bergeson
Daniel Bergeson

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Attorneys for Defendant John Schulz
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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER
REGARDING HEARING ON PENDING MOTIONS TO
DISMISS - Master File No.: C-12-06199 CRB

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29309\4123346.1

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: February 10, 2014

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HON. CHARLES R. BREYER
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UNITED STATES DISTRICT COURT JUDGE

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER
REGARDING HEARING ON PENDING MOTIONS TO
DISMISS - Master File No.: C-12-06199 CRB

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29309\4123346.1

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DECLARATION OF CONCURRENCE / ECF ATTESTATION
I, Christopher C. Wheeler, am the ECF User whose ID and Password are being used to file
this STIPULATION AND ORDER REGARDING HEARING ON PENDING MOTIONS
TO DISMISS.
In compliance with Civil Local Rule 5-1(i)(3), 1 hereby attest that all signatories hereto
have concurred in this filing.
I declare under penalty of perjury the foregoing is true and correct. Executed this 7th day
of February 2014, in San Francisco, California.

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By:

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/s/ Christopher C. Wheeler
Christopher C. Wheeler

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Farella Braun + Martel LLP
235 Montgomery Street, 17th Floor
San Francisco, CA 94104
[phone]

STIPULATION AND [PROPOSED] ORDER
REGARDING HEARING ON PENDING MOTIONS TO
DISMISS - Master File No.: C-12-06199 CRB

-5-

29309\4123346.1