NEAS LIMITED v. OJSC RUSNANO et al

Filing 97

STIPULATION AND ORDER SETTING SCHEDULE IN CONNECTION WITH PLAINTIFFS' AMENDED COMPLAINT AND DEFENDANTS' MOTIONS TO DISMISS AND TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/1/2017. Further Case Management Conference set for 6/8/2017 11:00 AM in Courtroom C, 15th Floor, San Francisco. Signed by Judge Laurel Beeler on 02/07/2017. (rxmS, COURT STAFF) (Filed on 2/7/2017)

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1 2 3 4 5 6 7 8 9 KAREN JOHNSON-McKEWAN (SBN 121570) ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, California 94105-2669 Telephone: 1-415-773-5700 Facsimile: 1-415-773-5759 ROBERT L. SILLS (pro hac vice) rsills@orrick.com OLGA N. SIRODOEVA (pro hac vice) osirodoeva@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 51 W 52nd Street New York, New York 10019-6142 Telephone: 1-212-506-5000 Facsimile: 1-212-506-5151 10 11 12 Attorneys for DEFENDANTS OJSC RUSNANO; RUSNANO MANAGEMENT COMPANY, LLC; RUSNANO CAPITAL, A.G.; RUSNANO CAPITAL, LLC; FONDS RUSNANO CAPITAL, S.A.; ANATOLY CHUBAIS; OLEG KISELEV; IRINA RAPOPORT; SERGEY POLIKARPOV; AND VALERY ROSTOKIN 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 17 18 19 20 21 22 23 24 25 26 27 28 NEAS LIMITED, individually in its own right and derivatively on behalf of NITOL SOLAR LIMITED; and ANDREY TRETYAKOV, Plaintiffs, v. OJSC RUSNANO; RUSNANO MANAGEMENT COMPANY, LLC; RUSNANO CAPITAL, A.G.; RUSNANO CAPITAL, LLC; RUSNANO USA, INC.; FONDS RUSNANO CAPITAL, A.G.; ANATOLY CHUBAIS; OLEG KISELEV; IRINA RAPPAPORT; SERGEY POLIKARPOV; VALERY ROSTOKIN; SHERIGO RESOURCES LIMITED; and JOHN DOES 1 THROUGH 10, Case No. 5:15-cv-01612-LB STIPULATION AND [PROPOSED] ORDER SETTING SCHEDULE IN CONNECTION WITH PLAINTIFFS’ AMENDED COMPLAINT AND DEFENDANTS’ MOTIONS TO DISMISS AND TO CONTINUE CASE MANAGEMENT CONFERENCE Present conference date: February 16, 2017 Defendants, and NITOL SOLAR LIMITED, Nominal Defendant. STIPULATION AND [PROPOSED] ORDER 1 WHEREAS, on September 30, 2016, the Court granted in part Plaintiffs’ Motion 2 for Relief from Non-Dispositive Pretrial Order of Magistrate Judge (Dkt. 82) (the “Discovery 3 Order”) and authorized Plaintiffs to pursue specified jurisdictional discovery directed toward 4 Defendants OJSC RUSNANO, Anatoly Chubais and Oleg Kiselev; 5 WHEREAS, on November 11, 2016, the Court issued its order scheduling a case 6 management conference for December 22, 2016 and asking the parties to provide by December 7 15, 2016 an update regarding their next steps, including those for the pending motions to dismiss 8 Plaintiffs’ First Amended Complaint (Dkt. Nos. 46 and 50) (the “Motions”); 9 WHEREAS, by Stipulated Order, dated December 13, 2016, the Court extended 10 the deadline for submission of the parties’ update to February 6, 2017 and continued the case 11 management conference to February 16, 2017 (Dkt. No. 94); 12 WHEREAS, following the deposition of Anatoly Chubais held on January 31, 13 2017, the parties met and conferred regarding their next steps including, without limitation, 14 amendments to the First Amended Complaint (Dkt. No. 43) following the completion of 15 jurisdictional discovery and the impact of said amendment on the pending Motions; 16 WHEREAS, the parties have agreed that on or before February 28, 2017, Plaintiffs 17 will either (i) file a Second Amended Complaint, or (ii) inform Defendants that Plaintiffs will rest 18 on their First Amended Complaint, in either of which cases Defendants will file new motions to 19 dismiss the First or the Second Amended Complaint, as the case may be, and Defendants’ 20 pending Motions will be considered withdrawn; 21 22 WHEREAS, the parties wish to agree on a schedule to govern further briefing in this matter; 23 WHEREAS, in light of the foregoing, the parties believe that the case management 24 conference should be continued until after the Court resolves Defendants’ anticipated motions to 25 dismiss; 26 27 28 NOW, THEREFORE, IT IS HEREBY STIPULATED, pursuant to Civil Local Rules 6-1 and 6-2, as follows: 1. On or before February 28, 2017, Plaintiffs will either file a Second Amended STIPULATION AND [PROPOSED] ORDER 1 Complaint or inform Defendants’ counsel in writing that Plaintiffs will rest on the First Amended 2 Complaint; 3 2. On or before March 24, 2017, Defendants will move to dismiss the First Amended 4 Complaint or will move or answer with respect to the Second Amended Complaint, as the case 5 may be, and Defendants’ pending Motions will be considered withdrawn; 6 3. If Defendants move to dismiss, Plaintiffs shall serve their papers in response to 7 Defendants’ motions to dismiss on or before April 24, 2017, and Defendants shall serve their 8 reply papers on or before May 12, 2017. No surreply papers shall be filed on any such motion, 9 except by leave of Court granted on motion for good cause shown, on such terms and conditions 10 11 12 13 as the Court deems appropriate. 4. The case management conference currently scheduled for February 16, 2017 shall be taken off calendar and rescheduled on a date convenient for the Court. 5. This stipulation is without prejudice to all claims, rights, defenses and positions of 14 each of Plaintiffs and each of Defendants. 15 IT IS SO STIPULATED. 16 17 DATED: February 6, 2017 ORRICK, HERRINGTON & SUTCLIFFE, LLP 18 By: 19 20 21 22 23 24 DATED: February 6, 2017 /s/ Robert L. Sills n Karen Johnson-McKewan Robert L. Sills Olga N. Sirodoeva Attorneys for OJSC Rusnano; Rusnano Management Company, LLC; Rusnano Capital, A.G.; Rusnano Capital, LLC; Fonds Rusnano Capital, S.A.; Anatoly Chubais; Oleg Kiselev; Irina Rapoport; Sergey Polikarpov; and Valery Rostokin WILSON SONSINI GOODRICH & ROSATI PC 25 26 27 By: /s/ Rodney Grant Strickland, Jr. Rodney Grant Strickland, Jr. Attorneys for Defendant Rusnano USA, Inc. 28 -2STIPULATION AND [PROPOSED] ORDER 1 DATED: February 6, 2017 FOX ROTHSCHILD LLP 2 3 By: /s/ Ely Goldin Ely Goldin W. Christain Moffitt Michael A. Sweet Jack Praetzellis Attorneys for Plaintiffs NEAS Limited, individually and in its own right and derivatively on behalf of Nitol Solar Limited, and Andrey Tretyakov 4 5 6 7 8 9 10 11 12 PURSUANT TO THE FOREGOING STIPULATION, IT IS SO ORDERED, To avoid losing track of the case, the court calendars a Case Management Conference for June 8, 2017 at 11 A.M. 13 14 02/07/2017 Dated: ___________________ ________________________________ Hon. Laurel Beeler United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- STIPULATION AND [PROPOSED] ORDER

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