Baird v. BlackRock Institutional Trust Company, N.A. et al

Filing 103

ORDER by Judge Haywood S. Gilliam, Jr. Granting 102 Stipulation to Modify Case Schedule. Amended Pleadings due by 4/23/2018; Close of Fact Discovery due by 6/22/2018; Designation of Experts due by 7/6/2018; Designation of Rebuttal Experts due by 8/5/2018; Motions due by 9/14/2018; Replies due by 10/30/2018; Responses due by 10/15/2018; Motion Hearing set for 11/29/2018 02:00 PM before Judge Haywood S Gilliam Jr.. (ndrS, COURT STAFF) (Filed on 2/20/2018)

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Karen L. Handorf (admitted Pro Hac Vice)
Michelle C. Yau (admitted Pro Hac Vice)
Julia Horwitz (admitted Pro Hac Vice)
Mary J. Bortscheller (admitted Pro Hac Vice)
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW ● Fifth Floor
Washington, DC 20005
Telephone: [phone]
Fax: [phone]

Todd Jackson (Cal. Bar No. 202598)
Nina Wasow (Cal. Bar No. 242047)
FEINBERG, JACKSON, WORTHMAN &
WASOW, LLP
383 4th Street ● Suite 201
Oakland, CA 94607
Telephone: [phone]
Fax: [phone]

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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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Charles Baird et al.,

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Plaintiffs,

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v.

Case No: 17-cv-1892-HSG
STIPULATION AND ORDER TO MODIFY
CASE SCHEDULE

BlackRock Institutional Trust Company,
N.A., et al.,
Defendants.

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Pursuant to Northern District of California Local Rule 6-2, Plaintiffs Charles Baird and

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Lauren Slayton and Defendants Anne Ackerley, BlackRock Institutional Trust Company, N.A.,

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Blackrock, Inc., Catherine Bolz, Chip Castille, Paige Dickow, Daniel A. Dunay, Any Engel, Nancy

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Everett, Joseph Feliciani, Jr., Michael Fredericks, Corin Frost, Daniel Gamba, Kevin Holt, Chris

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Jones, Philippe Matsumoto, John Perlowski, Ann Marie Petach, Andy Phillips, Kurt Schansinger,

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Tom Skrobe, Jeffrey A. Smith, the BlackRock, Inc. Retirement Committee, and the Investment

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Committee of the Retirement Committee (collectively, the “Defendants”) by and through their

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respective counsel, stipulate and agree to the following:
1. On July 26, 2017, the parties filed a stipulation proposing a case schedule (ECF No.

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54). On August 3, 2017, the Court granted this stipulation and adopted the parties’

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proposed case schedule. ECF No. 62.
Case No: 17-cv-1892-HSG: STIPULATION AND ORDER TO MODIFY CASE SCHEDULE
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2. With Defendants’ consent, Plaintiffs filed an Amended Complaint on October 18,

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2017 (ECF No. 75), which Defendants moved to dismiss on November 8, 2017 (ECF

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No. 79). The parties completed briefing on Defendants’ motion to dismiss the

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Amended Complaint on December 22, 2017. ECF No. 92. Plaintiffs also filed a

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motion for relief under Federal Rule of Civil Procedure 56(d) on December 8, 2017

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(ECF No. 85), and the parties completed briefing on this motion on January 4, 2018

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(ECF No. 94). The parties understand that the Court has taken these motions under

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submission and will issue a written order. ECF No. 100.

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3. Concurrently with the parties’ briefing on Defendants’ motion to dismiss and

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Plaintiffs’ Rule 56(d) motion, the parties have been actively engaged in fact

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discovery. Horwitz Decl. ¶ 7. This fact discovery is still ongoing. Id.

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4. The parties have conferred and have agreed that the existing case schedule does not

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appropriately account for the developments that have arisen in this case since July 26,

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2017, including those described in paragraphs 2 and 3, above. Id. ¶ 9. The parties

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therefore stipulate and agree to the following modified case schedule:

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Event
Substantial completion of document production
Deadline to amend pleadings
Close of all fact discovery (with limited exceptions
as noted below)
Parties exchange any expert reports on class issues
Parties exchange any expert rebuttal reports on class
issues
Close of expert discovery on class issues
Plaintiffs file motion for class certification
Defendants file opposition to motion for class
certification
Plaintiffs’ reply in support of motion for class
certification
Court issues class cert opinion (limited postcertification fact discovery on merits issues reopens)
Parties exchange expert reports on merits issues
Close of limited post-certification fact discovery on
merits issues

Deadline
March 30, 2018
April 23, 2018
June 22, 2018
July 6, 2018
August 5, 2018
August 31, 2018
September 14, 2018
October 15, 2018
October 30, 2018
TBD
30 days after class cert opinion is issued
45 days after class cert opinion is issued

Case No: 17-cv-1892-HSG: STIPULATION AND ORDER TO MODIFY CASE SCHEDULE
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Event
Deadline
Parties exchange rebuttal expert reports on the merits 30 days after parties exchange expert
reports on merits issues
Close of expert discovery
14 days after parties exchange rebuttal
expert reports on merits issues

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5. The parties have not requested any previous modification to the case schedule.

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6. There have been six previous time adjustments in this matter, none of which affected

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discovery or the trial date and each of which related to the motion to dismiss the

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original complaint and its hearing schedule. (ECF Nos. 28, 38, 48, 55, 82, 88.)

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7. A declaration from Julia A. Horwitz, setting forth the reasons for the parties’ request,

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is attached hereto as Exhibit A.

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Dated: February 1, 2018
COHEN MILSTEIN SELLERS & TOLL, PLLC

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By:

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/s/ Nina Wasow________________
Nina Wasow
Karen L. Handorf (admitted Pro Hac Vice)
Michelle C. Yau (admitted Pro Hac Vice)
Julia A. Horwitz (admitted Pro Hac Vice)
Mary J. Bortscheller (admitted Pro Hac Vice)
1100 New York Avenue, N.W.
Suite 500, West Tower
Washington, D.C. 20005
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

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FEINBERG, JACKSON, WORTHMAN &
WASOW, LLP
Nina Wasow (Cal. Bar No. 242047)
Todd Jackson (Cal. Bar No. 202598)
383 4th Street
Suite 201
Oakland, CA 94607
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Case No: 17-cv-1892-HSG: STIPULATION AND ORDER TO MODIFY CASE SCHEDULE
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2318803.1

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Attorneys for Plaintiffs

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/s/ Meaghan VerGow_______

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O’MELVENY & MYERS LLP
Meaghan VerGow (admitted Pro Hac Vice)
Brian Boyle (Cal. Bar No. 126576)
1625 Eye Street, N.W.
Washington, D.C. 20006
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Randall W. Edwards (Cal. Bar No. 179053)
Adam M. Kaplan (Cal. Bar No. 298077)
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendants

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ATTESTATION

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I attest that for all conformed signatures indicated by an “/s/,” the signatory has concurred in

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18 Dated: February 20, 2018

By:

/s/ Nina Wasow___

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Nina Wasow

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[

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Case No: 17-cv-1892-HSG: STIPULATION AND ORDER TO MODIFY CASE SCHEDULE
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ORDER

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PURSUA
ANT TO THE STIPULA
E
ATION, IT IS SO ORDE
S
ERED: The a
above Case
Mana
agement Stip
pulation and Proposed Order is appro
O
oved as the C
Case Manag
gement Sche
edule for
this case and all parties shall comply with its provisio
c
p
h
ons. The Co sets Nov
ourt
vember 29, 2
2018 at 2:00
p.m. for motion for class cert
f
tification.
Dated February 20, 2018, 20
d:
018

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_
__________
___________
_________
J
Judge Hayw
wood S. Gill
liam, Jr.
U District Court for th
U.S.
t
he
N
Northern Di
istrict of California

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Case No: 17-cv-189
N
92-HSG: STIPU
ULATION AN ORDER TO MODIFY CA SCHEDU
ND
O
ASE
ULE
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