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

Filing 407

ORDER by Judge Haywood S. Gilliam, Jr. Granting 402 Stipulation Re 378 Administrative Motion to File Under Seal. (ndrS, COURT STAFF) (Filed on 9/29/2020)

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Michelle C. Yau (admitted Pro Hac Vice)
Mary J. Bortscheller (admitted Pro Hac Vice)
Daniel Sutter (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
2030 Addison St. Suite 500
Berkeley, CA 94704
Telephone: [phone]
Fax: [phone]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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Charles Baird and Lauren Slayton, as
individuals, and on behalf of all others
similarly situated, and on behalf of the
BlackRock Retirement Savings Plan,
Plaintiffs,

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Case No: 4:17-cv-01892-HSG
STIPULATION AND ORDER TO MODIFY
TIME TO RESPOND TO
ADMINISTRATIVE MOTIONS TO FILE
UNDER SEAL

v.

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

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Defendants.

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Pursuant to N.D. Cal. Civil Local Rule 6-2, parties in the above captioned matter by and
through their respective counsel, stipulate and agree to the following:

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1.

WHEREAS, on September 24, 2020, the parties filed, among other documents,

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administrative motions to file under seal motions for summary judgment and supporting exhibits.

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E.g., ECF Nos. 378 and 384.

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2.

WHEREAS, the documents the parties seek to file under seal contain information

designated as confidential and subject to a protective order. Id.
3.

WHEREAS, N.D. Cal. Civil Local Rule 79-5(e)(1) provides that, “[w]ithin 4 days of

the filing of the Administrative Motion to File Under Seal, the Designating Party must file a

Case No: 4:17-cv-01892-HSG: STIPULATION AND ORDER

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declaration as required by subsection 79-5(d)(1)(A) establishing that all of the designated material is
sealable.”
4.

WHEREAS, on September 28, 2020 Plaintiffs requested, and Defendants agreed to, a

seven day extension of time by which such Designating Parties may file declarations supporting the
sealing of documents. Plaintiffs sought an extension time at the request of Finadium, a non-party to
this litigation whose confidential information was included in Plaintiffs’ exhibits filed under seal.
5.

WHEREAS, the Parties have not previously requested an extension of time with

respect to the time to respond to the instant administrative motions to file under seal.
6.

WHEREAS, the requested modification would have no effect on the case schedule.

7.

WHEREAS, the previous time modifications in the case are as follows:

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a.

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August 3, 2017, ECF No. 62; February 20, 2018, ECF No. 103, June 18, 2018,

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ECF No. 122; and January 1, 2019, ECF No. 236; February 5, 2019, ECF No. 250;

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and June 16, 2020, ECF No. 375.

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b.

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first amended complaint. ECF Nos. 28, 38, 48, 55, 82, 88. Two related to the

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briefing schedule on the plaintiffs’ Motion for Leave to File Second Amended

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In addition to these stipulated scheduling orders, there have been eight other time
adjustments in this matter. Six related to the motions to dismiss the original and

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The parties have previously stipulated to modifications to the case schedule on

Complaint. ECF Nos. 139, 146.
8.

A declaration from Daniel R. Sutter, setting forth the reasons for the parties’ request,

is attached hereto as Exhibit A.

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Respectfully submitted,
Dated: September 28, 2020

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COHEN MILSTEIN SELLERS & TOLL, PL
/s/ Michelle C. Yau________________
Michelle C. Yau (admitted Pro Hac Vice)

O’MELVENY & MYERS LLP
/s/Meaghan VerGow________________
Meaghan VerGow (admitted Pro Hac Vice

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Case No: 4:17-cv-01892-HSG: STIPULATION AND ORDER

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Michelle C. Yau (admitted Pro Hac Vice)
Mary J. Bortscheller (admitted Pro Hac Vice)
Daniel R. Sutter (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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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]
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]

Attorneys for Plaintiffs

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Attorneys for Defendants

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ORDER

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PURSUANT TO THE STIPUATION, IT IS SO ORDERED:
The deadline by which Designating Parties may file declarations supporting the parties’
administrative motions to file under seal shall be October 5, 2020.

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Dated: 9/29/2020
Judge Haywood S. Gilliam, Jr.
U.S. District Court for the
Northern District of California

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Case No: 4:17-cv-01892-HSG: STIPULATION AND ORDER

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