Opinion
CASE NO.: CV 09 02959 JSW (EDL)
11-22-2011
STATE COMPENSATION INSURANCE FUND, Plaintiff, v. METROPOLITAN WEST SECURITIES LLC, a California limited liability company,; WACHOVIA BANK, N.A.; DOES 1 through 10 inclusive; and DOES 11 through 20 inclusive, Defendants.
J. Russell Stedman (117130), rstedman@bargerwolen.com Travis R. Wall (191662), twall@bargerwolen.com BARGER & WOLEN LLP David Freitas (82012), dfreitas@scif.com STATE COMPENSATION INSURANCE FUND Attorneys for Plaintiff STATE COMPENSATION INSURANCE FUND MUNGER, TOLLES & OLSON LLP Marc T.G. Dworsky (SB# 157413) James C. Rutten (SB# 201791) Karen J. Ephraim (SB# 233824) Eric P. Tuttle (SB# 248440) Attorneys for WELLS FARGO BANK, N.A. (successor by merger to Defendant WACHOVIA BANK, N.A.) and Defendant METROPOLITAN WEST SECURITIES LLC
J. Russell Stedman (117130), rstedman@bargerwolen.com
Travis R. Wall (191662), twall@bargerwolen.com
BARGER & WOLEN LLP
David Freitas (82012), dfreitas@scif.com
STATE COMPENSATION INSURANCE FUND
Attorneys for Plaintiff
STATE COMPENSATION INSURANCE FUND
MUNGER, TOLLES & OLSON LLP
Marc T.G. Dworsky (SB# 157413)
James C. Rutten (SB# 201791)
Karen J. Ephraim (SB# 233824)
Eric P. Tuttle (SB# 248440)
Attorneys for WELLS FARGO BANK, N.A. (successor by
merger to Defendant WACHOVIA BANK, N.A.) and
Defendant METROPOLITAN WEST SECURITIES LLC
STIPULATION AND [PROPOSED] ORDER TO PERMIT EXPEDITED BRIEFING ON MOTION TO COMPEL AND MOTION FOR PROTECTIVE ORDER CONCERNING EVERGREEN
AS MODIFIED
STIPULATION
Plaintiff State Compensation Insurance Fund, Defendants Wachovia Bank, N.A. and Metropolitan West Securities LLC (collectively, "Defendants"), and Non-Parties Wells Capital Management, Inc. and Wells Fargo Funds Management, LLC (collectively, "Wells Fargo"), hereby stipulate as follows:
WHEREAS, Plaintiff filed a Motion to Compel Production of Documents from Defendants regarding documents related to Evergreen Investment Management Company, LLC ("Evergreen"), which is currently set to be heard on December 20, 2011;
WHEREAS, Wells Fargo filed a Motion for Protective Order and to Quash with respect to certain subpoenas served by State Fund on Wells Fargo, which subpoenas also seek information related to Evergreen, and which motion also is currently set to be heard on December 20, 2011;
WHEREAS, the fact discovery deadline is December 2 as to written discovery and December 9 as to deposition discovery, and expert reports are due on December 16, 2011;
WHEREAS, in light of these deadlines, the parties have agreed to an expedited briefing schedule and hearing on both motions, subject to the Court's approval;
THEREFORE, IT IS HEREBY STIPULATED BY AND AMONG THE PARTIES AND NON-PARTIES, THROUGH THEIR COUNSEL OF RECORD, as follows:
1. The hearings on both Motions shall take place on December 13, 2011, at 2:00 p.m., in Courtroom E, 15th Floor, before the Honorable Elizabeth D. Laporte;
2. Any opposition papers shall be filed and served on November 29, 2011; and
3. Any reply papers shall be filed and served on December 5, 2011 at noon.
IT IS SO STIPULATED:
BARGER & WOLEN LLP
J. RUSSELL STEDMAN Attorneys for Plaintiff State Compensation Insurance Fund
MUNGER, TOLLES & OLSON LLP
JAMES C. RUTTEN
Attorneys for Wells Fargo Bank, N.A.
(successor by merger to Defendant
Wachovia Bank, N.A.) and Defendant
Metropolitan West Securities LLC
DKING & SPALDING LLP
LEO SPOONER III
Attorneys for non-parties WELLS
CAPITAL MANAGEMENT, INC. and
WELLS FARGO FUNDS
MANAGEMENT, LLC
* * * * *
PURSUANT TO STIPULATION, AND GOOD CAUSE HAVING BEEN SHOWN, IT IS SO ORDERED. AS MODIFIED
The Honorable Elizabeth D. Laporte
United States Magistrate Judge