Opinion
No. 11-CV-01064-CW
10-11-2011
PIPE FITTERS LOCAL UNION NO. 120 PENSION FUND, On Behalf of Itself and All Others Similarly Situated, Plaintiff, v. BARCLAYS CAPITAL INC., THE GOLDMAN SACHS GROUP, INC., KOHLBERG KRAVIS ROBERTS & CO. L.P., VESTAR CAPITAL PARTNERS INC., CENTERVIEW PARTNERS LLC, and PETER J. MOSES, Defendants.
CHRISTOPHER BURKE WALTER W. NOSS KRISTEN M. ANDERSON SCOTT+SCOTT LLP Attorneys for Plaintiff [Additional counsel appear on signature page.]
CHRISTOPHER BURKE
WALTER W. NOSS
KRISTEN M. ANDERSON
SCOTT+SCOTT LLP
Attorneys for Plaintiff
[Additional counsel appear on signature page.]
STIPULATED ORDER EXTENDING
DEADLINES, BRIEFING SCHEDULE, AND
HEARING DATE
Judge: The Hon. Claudia Wilken
Courtroom: 2, 4th Floor
WHEREAS on August 30, 2011, the Court entered an order establishing a deadline for Plaintiff to file the Second Amended Complaint, a briefing schedule for Defendants' Motion(s) to Dismiss the Second Amended Complaint, and continuing the mediation deadline (ECF No. 84);
WHEREAS on September 16, 2011, pursuant to the stipulation of the parties, the Court entered an order extending the deadlines for Plaintiff to file the Second Amended Complaint, modifying the briefing schedule for Defendants' Motion(s) to Dismiss the Second Amended Complaint and Plaintiffs' Motion for Class Certification, and continuing the mediation deadline (ECF No. 87);
WHEREAS the parties now agree to extend the deadline for Plaintiff to file the Second Amended Complaint, modify the briefing schedule for Defendants' Motion(s) to Dismiss the Second Amended Complaint, and continue the mediation deadline;
WHEREAS on October 6, 2011, the parties to the In re Del Monte Foods Co. S'holder Litig., Consolidated C.A. No. 6027-VCL (Del. Ch.), filed a Stipulation and Agreement of Compromise and Settlement that seeks to certify a proposed settlement class as a non opt-out class pursuant to Court of Chancery Rules 23(a), 23(b)(1) and 23(b)(2) and purports to release all putative class claims arising out of the acquisition of Del Monte Foods Company on March 8, 2011, including Plaintiff's claims in this action;
WHEREAS the parties to the Delaware Action seek a final approval hearing on the proposed settlement in the Court of Chancery on December 1, 2011;
WHEREAS it is Plaintiff's position that it needs additional time to consider the effect of the proposed settlement of the Delaware Litigation in this action;
WHEREAS Defendants reserve the right to move to stay this action in light of the proposed settlement of the Delaware Litigation;
WHEREAS pursuant to stipulation by the parties, the Court previously modified the briefing schedule on Defendants' Motions to Dismiss the First Amended Complaint (ECF No. 75), and the Court previously modified the deadline for Plaintiff to file the Second Amended Complaint, the briefing schedule for Defendants' Motion(s) to Dismiss the Second Amended Complaint, and the briefing schedule for Plaintiffs' Motion for Class Certification (ECF No. 87);
WHEREAS pending a ruling from the Court on Defendants' anticipated Motion(s) to Dismiss the Second Amended Complaint, the time modification does not presently impact the remaining schedule set out in the Case Management Order;
IT IS HEREBY STIPULATED THAT:
1. The deadline for Plaintiff to file the Second Amended Complaint shall now be December 8, 2011.
2. Defendants' Motion(s) to Dismiss the Second Amended Complaint shall be due on January 26, 2012; Plaintiff's opposition brief shall be due on February 23, 2012; and Defendants' reply brief(s) shall be due on March 8, 2012.
3. The hearing date for Defendants' Motion(s) to Dismiss the Second Amended Complaint shall now be March 22, 2012 at 2 p.m.
4. The mediation deadline shall now be April 30, 2012.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
SCOTT+SCOTT LLP
CHRISTOPHER M. BURKE
WALTER W. NOSS
KRISTEN M. ANDERSON
By ____________
Christopher M. Burke
ROBINS, KAPLAN, MILLER &
CIRESI L.L.P.
K. CRAIG WILDFANG
THOMAS J. UNDLIN
STACEY P. SLAUGHTER
THE MOGIN LAW FIRM, P.C.
DANIEL J. MOGIN
MATTHEW T. SINNOTT
Attorneys for Plaintiff Pipefitters Local
Union No. 120 Pension Fund
SULLIVAN & CROMWELL LLP
BRENDAN P. CULLEN
By ____________
Brendan P. Cullen
Attorneys for Defendants Barclays Capital Inc.
and Peter J. Moses
LATHAM & WATKINS LLP
BRIAN BERRY
By ____________
Brian Berry
WILLIAM R. SHERMAN
By ____________
William R. Sherman
Attorneys for Defendant The Goldman Sachs Group, Inc.
SIMPSON THACHER & BARTLETT LLP
HARRISON J. FRAHN
By Harrison J. Frahn
Harrison J. Frahn
SIMPSON THACHER & BARTLETT LLP
JOSEPH F. TRINGALI
PAUL C. GLUCKOW
By ____________
Joseph F. Tringali
Attorneys for Defendants Kohlberg Kravis Roberts & Co.,
L.P. and Centerview Partners LLC
KIRKLAND & ELLIS LLP
JAMES F. BASILE
MARK E. MCKANE
By ____________
James F. Basile
Attorneys for Defendant Vestar Capital Partners Inc. PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Hon Claudia Wilken
United States District Judge
ATTESTATION PURSUANT TO GENERAL ORDER 45
I, Christopher M. Burke, attest that concurrence in the filing of this document has been obtained from the signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 11th day of October, 2011 at San Diego, California.
SCOTT+SCOTT LLP
Christopher M. Burke
An Attorney for Plaintiff Pipefitters Local
Union No. 120 Pension Fund
CERTIFICATE OF SERVICE
I hereby certify that on October 11, 2011, I caused the foregoing to be electronically filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the Electronic Mail Notice List, and I hereby certify that I caused the foregoing document or paper to be mailed via the United States Postal Service to the non-CM/ECF participants indicated on the Manual Notice List.
I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on October 11, 2011.
CHRISTOPHER M. BURKE
SCOTT+SCOTT LLP