Iron Workers Mid-South Pension Fund v. Johns et al

Filing 51

ORDER, Motions terminated: #50 STIPULATION WITH PROPOSED ORDER Regarding Case Management Conference filed by Iron Workers Mid-South Pension Fund. The June 2, 2016 case management conference is vacated pending conclusion of the trial in an underlying criminal case. Counsel shall update the Court within 30 days after the conclusion of the trial. Signed by Judge Susan Illston on 5/5/16. (tfS, COURT STAFF) (Filed on 5/5/2016)

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ROBBINS ARROYO LLP
Brian J. Robbins (SBN 190264)
[e-mail]
George C. Aguilar (SBN 126535)
[e-mail]
Ashley R. Rifkin (SBN 246602)
[e-mail]
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Iron Workers
Mid-South Pension Fund

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[Additional counsel listed on signature page.]
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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IRON WORKERS MID-SOUTH PENSION
FUND, Derivatively on Behalf of PG&E
CORPORATION,

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Plaintiff,

Case No. 3:13-cv-00550-SI
STIPULATION AND [PROPOSED]
ORDER REGARDING CASE
MANAGEMENT CONFERENCE

v.
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Judge:

Hon. Susan Illston

CHRISTOPHER P. JOHNS, et al.,
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Defendants,
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-and-

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PG&E CORPORATION, a California
corporation,

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Nominal Defendant.
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STIPULATION AND [PROPOSED] ORDER REGARDING
CASE MANAGEMENT CONFERENCE

CASE NO. 3:13-CV-00550-SI

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WHEREAS on February 7, 2013, Plaintiff Iron Workers Mid-South Pension Fund

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(“Plaintiff”) commenced this shareholder derivative action, captioned Iron Workers Mid-South

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Pension Fund v. Johns, et al., No. 3:13-cv-00550-SI (“Iron Workers Action”), on behalf of

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Nominal Defendant PG&E Corporation;

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WHEREAS other shareholder derivative actions, putatively on behalf of PG&E and

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captioned San Bruno Fire Derivative Cases, JCCP No. 4648-C, and Tellardin v. Earley, et al.,

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No. CIV 534119 (collectively, the “State Derivative Actions”), are pending before the Superior

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Court of California, County of San Mateo;

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WHEREAS another shareholder derivative action, putatively on behalf of PG&E

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Corporation and its subsidiary Pacific Gas and Electric Company and captioned Bushkin v.

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Rambo, et al., No. 3:16-cv-00973-SI (“Bushkin Action”), was filed in this Court on February 27,

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2016;

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WHEREAS a criminal action against Pacific Gas and Electric Company, captioned

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United States v. Pacific Gas and Electric Company, No. 3:14-cr-00175-TEH (the “Criminal

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Action”), is pending in this District;

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WHEREAS the court in the Criminal Action vacated the previously scheduled trial date
of April 26, 2016, and is expected to set a new trial date at an upcoming conference;

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WHEREAS the Iron Workers Action, the Bushkin Action, and the State Derivative

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Actions involve the same Nominal Defendant(s), many of the same individual defendants, and

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concern the events leading to the gas pipeline rupture in San Bruno, California on September 9,

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2010 (the “San Bruno Fire”);

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WHEREAS following the San Bruno Fire, approximately 140 actions involving claims

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for personal injury and property damage in connection with the San Bruno Fire were filed and

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consolidated into Judicial Council Coordinated Proceeding No. 4648, captioned PG&E San

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Bruno Fire Cases (the “State Consolidated Action”), which was litigated in the Superior Court of

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California, County of San Mateo;

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WHEREAS the State Derivative Actions have been stayed pending conclusion of the
federal criminal proceedings;
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STIPULATION AND [PROPOSED] ORDER REGARDING
CASE MANAGEMENT CONFERENCE

CASE NO. 3:13-CV-00550-SI

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WHEREAS, by agreement of the parties and with the approval of this Court, the Iron

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Workers Action has been stayed in its entirety pending resolution of the State Derivative

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Actions, and no date by which the defendants must respond to the Iron Workers complaint has

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been set;

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WHEREAS on April 19, 2016, the Court clerk gave notice that the Court has continued a
Case Management Conference in the Iron Workers Action to June 2, 2016; and

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WHEREAS on May 3, 2016, the Court entered an order in the Bushkin Action that,

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among other things, vacated an Initial Case Management Conference scheduled in that action for

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June 17, 2016;

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IT IS HEREBY STIPULATED THAT:

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1.

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Counsel for all parties shall meet and confer within 30 days after conclusion of

the trial in the Criminal Action and provide a status update to the Court.
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The Case Management Conference currently scheduled in the Iron Workers

Action for June 2, 2016 shall be vacated.

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Respectfully submitted,

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ROBBINS ARROYO LLP

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/s/ George C. Aguilar
George C. Aguilar
Brian J. Robbins
Ashley R. Rifkin
600 B Street, Suite 1900
San Diego, CA 92101
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]

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Attorneys for Plaintiff Iron Workers Mid-South
Pension Fund

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LATHAM & WATKINS LLP

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/s/ James K. Lynch
James K. Lynch
Steven M. Bauer
505 Montgomery Street, Suite 2000
San Francisco, CA 94111

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STIPULATION AND [PROPOSED] ORDER REGARDING
CASE MANAGEMENT CONFERENCE

CASE NO. 3:13-CV-00550-SI

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Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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James E. Brandt
885 Third Avenue
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Nominal Defendant PG&E
Corporation

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Dated: May 5, 2016

SKADDEN, ARPS, SLATE,
MEAGHER & FLOM LLP

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/s/ Amy S. Park
Amy S. Park
Richard S. Horvath, Jr.
525 University Avenue, Suite 1400
Palo Alto, CA 94301
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants Barry Lawson
Williams, David R. Andrews, Barbara L.
Rambo, Maryellen C. Herringer, Richard A.
Meserve, Roger H. Kimmel, Lewis Chew, and
David M. Lawrence

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McDERMOTT WILL & EMERY LLP

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/s/ A. Marisa Chun
A. Marisa Chun
275 Middlefield Road, Suite 100
Menlo Park, CA 94025-4004
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Steven S. Scholes (pro hac vice)
227 West Monroe Street
Chicago, IL 60606
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Charles E. Weir (SBN 211091)
2049 Century Park East, 38th Floor
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]

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STIPULATION AND [PROPOSED] ORDER REGARDING
CASE MANAGEMENT CONFERENCE

CASE NO. 3:13-CV-00550-SI

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[e-mail]
Attorneys for Defendants Christopher P. Johns,
Kent M. Harvey, Dinyar B. Mistry, C. Lee Cox,
and Peter A. Darbee

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I, George C. Aguilar, am the ECF User whose ID and password are being used to file this
Stipulation Regarding Case Management Conference. In compliance with Civil L.R. 5-1(i), I
hereby attest that concurrence in the filing of this document has been obtained from each of the
other signatories.
/s/ George C. Aguilar
GEORGE C. AGUILAR

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*

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[PROPOSED] ORDER
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: 5/5/16

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HONORABLE SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER REGARDING
CASE MANAGEMENT CONFERENCE

CASE NO. 3:13-CV-00550-SI