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

Filing 47

ORDER by Judge Haywood S. Gilliam, Jr. Granting 44 Stipulation of dismissal, without prejudice, as to Jason Herman. (ndrS, COURT STAFF) (Filed on 7/12/2017)

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Brian Boyle (S.B. #126576)
[e-mail]
Randall W. Edwards (S.B. #179053)
[e-mail]
Meaghan Vergow (admitted pro hac vice)
[e-mail]
O’MELVENY & MYERS LLP
1625 Eye Street, NW
Washington, DC 20006-4061
Telephone:
[phone]
Facsimile:
[phone]

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

Attorneys for Defendants
BlackRock Institutional Trust Company, N.A.;
BlackRock, Inc.; the BlackRock, Inc.
Retirement Committee; Jason Herman; the
Administrative Committee of the Retirement
Committee; and the Investment Committee of
the Retirement Committee

Todd Jackson (S.B. #202598)
Nina Wasow (S.B. #242047)
FEINBERG, JACKSON,
WORTHMAN & WASOW, LLP
383 4th Street ● Suite 201
Oakland, CA 94607
Telephone: [phone]
Fax: [phone]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Charles Baird, individually, and on behalf of all
others similarly situated, and on behalf of the
BlackRock Retirement Savings Plan,
Plaintiff,

Case No. 17-cv-01892-HSG
STIPULATION OF DISMISSAL AND
ORDER

v.
BlackRock Institutional Trust Company, N.A.;
BlackRock, Inc.; The BlackRock, Inc.
Retirement Committee; Jason Herman, named
Plan Sponsor; John and Jane Does 1-40,
Members of the BlackRock Retirement
Committee; The Administrative Committee of
the Retirement Committee; John and Jane Does
1-20, Members of the Administrative
Committee of the Retirement Committee; The
Investment Committee of the Retirement
Committee; John and Jane Does 21-40,
Members of the Investment Committee of the
Retirement Committee; each an individual, and
John and Jane Does 41-60, each an individual,

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Defendants.

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July 12, 2017

STIPULATION OF DISMISSAL AND
ORDER

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WHEREAS, Counsel for Defendants have represented that Defendant Jason Herman did
not serve as a member of the BlackRock, Inc. Retirement Committee, the Administrative
Committee of the Retirement Committee, or the Investment Committee of the Retirement
Committee during the Class Period; and
WHEREAS, Counsel for Defendants have represented that Defendant Jason Herman did
not act in a fiduciary capacity with respect to the BlackRock Retirement Savings Plan during the
Class Period;
THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Mr. Herman
through their designated counsel that the above-captioned action should be dismissed without
prejudice as to Mr. Herman pursuant to FRCP 41(a)(1)(A)(ii). The parties further stipulate that, if
discovery shows that Mr. Herman did in fact serve in a fiduciary capacity relative to the facts and
circumstances at issue in the case, Plaintiff reserves the right to re-name Mr. Herman as a
defendant.
IT IS SO STIPULATED.

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Dated: July 11, 2017

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COHEN MILSTEIN SELLERS & TOLL, PLLC
By:

/s/ Julia Horwitz________________
Julia Horwitz (admitted Pro Hac Vice)
Karen L. Handorf (admitted Pro Hac Vice)
Michelle C. Yau (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]
FEINBERG, JACKSON, WORTHMAN &
WASOW, LLP
-2-

JOINT CASE MANAGEMENT
STATEMENT AND ORDER

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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]
Attorneys for Plaintiff

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/s/ Brian Boyle_______

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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 the filing of this document.

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Dated: July 12, 2017

By:

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/s/ Julia Horwitz___
Julia Horwitz

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JOINT CASE MANAGEMENT
STATEMENT AND ORDER

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ORD
DER

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PURSU
UANT TO THE STIPUL
T
LATION, IT IS SO ORD
T
DERED: thi action is d
is
dismissed
wi
ithout prejud as to De
dice
efendant Jaso Herman. Plaintiff res
on
serves the rig to re-nam Mr.
ght
me
He
erman as a defendant if discovery sh
d
d
hows that he did serve in a fiduciary capacity rel
n
lative to the
fac and circu
cts
umstances of this case.
f

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Da
ated: July 12, 2017

________
__________
___________
__
Judge Ha
aywood S. G
Gilliam, Jr.
U.S. Dist
trict Court fo the
or
Northern District of C
California

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JOI
INT CASE MA
ANAGEMENT
T
S
STATEMENT AND ORDER
T
R