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Iron Workers Local No. 25 Pension Fund v. Bogart

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Jan 18, 2012
No. 11-cv-04604-PSG (N.D. Cal. Jan. 18, 2012)

Opinion

No. 11-cv-04604-PSG

01-18-2012

IRON WORKERS LOCAL NO. 25 PENSION FUND, Derivatively on Behalf of MONOLITHIC POWER SYSTEMS, INC., Plaintiff, v. KAREN A. SMITH BOGART, et al., Defendants, and MONOLITHIC POWER SYSTEMS, INC., a Delaware corporation, Nominal Defendant.

ROBBINS GELLER RUDMAN & DOWD LLP SHAWN A. WILLIAMS (213113) Post Montgomery Center - and - TRAVIS E. DOWNS III (148274) BENNY C. GOODMAN III (211302) Attorneys for Plaintiff [Additional counsel appear on signature page.]


ROBBINS GELLER RUDMAN

& DOWD LLP SHAWN A. WILLIAMS (213113)

Post Montgomery Center

- and

TRAVIS E. DOWNS III (148274)

BENNY C. GOODMAN III (211302)

Attorneys for Plaintiff

[Additional counsel appear on signature page.]

STIPULATION AND [PROPOSED] ORDER

REVISING BRIEFING SCHEDULE AND

RESETTING THE INITIAL CASE

MANAGEMENT CONFERENCE

Pursuant to Civil L.R. 16-2(e), Plaintiff Iron Workers Local No. 25 Pension Fund ("Plaintiff) and Defendants Karen A. Smith Bogart, Herbert Chang, Victor K. Lee, Douglas McBurnie, James C. Moyer, Umesh Padval, Jeff Zhou, Michael R. Hsing, Deming Xiao, Maurice Sciammas, Paul Ueunten, C. Richard Neely, Jr. and First Niagara Financial Group, Inc., and Nominal Defendant Monolithic Power Systems, Inc. (collectively "Defendants" and, together with Plaintiff, the "Parties") jointly submit this Stipulation and [Proposed] Order Revising Briefing Schedule and Resetting the Initial Case Management Conference.

Pursuant to Civil L. R. 6-2(a), this Stipulation is also supported by the Declaration of Benny C. Goodman III, filed herewith.

WHEREAS, Plaintiff filed the above-entitled action on September 16, 2011, alleging breach of fiduciary duty of loyalty, aiding and abetting and unjust enrichment;

WHEREAS, on October 20, 2011, the Parties filed a Stipulation and [Proposed] Order Extending Time for Defendants to Respond to Complaint and Resetting the Initial Case Management Conference;

WHEREAS, on October 31, 2011, this Court ordered that the Initial Case Management Conference and the hearing on Defendants' Motions to Dismiss ("Motions") be reset for February 21, 2012;

WHEREAS, on December 1, 2011, Defendants filed their Motions, alleging Plaintiff failed to allege demand futility and failed to state a claim upon which relief can be granted;

WHEREAS, under the current briefing schedule, Plaintiffs Opposition brief to Defendants' Motions must be filed no later than January 19, 2012, and Defendants' Reply thereto must be filed no later than February 9, 2012;

WHEREAS, the Parties have conferred and Defendants have agreed to extend the deadline for Plaintiff to respond to Defendants' Motions by four weeks until February 16, 2012;

WHEREAS, as a result of this extension, the deadline for Defendants to reply to Plaintiffs Opposition brief shall be extended until March 16, 2012;

WHEREAS, the Parties agree that, subject to the approval of the Court, the hearing on Defendants' Motions to Dismiss and the Initial Case Management Conference should take place on April 3, 2012 or as soon thereafter as the Court is available; and

WHEREAS, the Parties further agree that all other dates in the Order Setting Initial Case Management Conference and ADR Deadlines should be reset in conformity with the new Initial Case Management Conference date.

THEREFORE, the Parties, by and through their respective counsel, and subj ect to the Court's approval, stipulate and agree as follows:

1. Plaintiff shall file and serve its Opposition brief to Defendants' Motions no later than February 16, 2012;

2. Defendants shall file and serve their Reply brief(s) in support of their Motions no later than March 16, 2012;

3. The Court may thereafter schedule a hearing on the pending Motions and the Initial Case Management Conference for April 3, 2012 (or at such later date as may be convenient for the Court); and

4. All other dates in the Order Setting Initial Case Management Conference may be reset in conformity with the new date for the Initial Case Management Conference.

IT IS SO STIPULATED AND AGREED.

ROBBINS GELLER RUDMAN

& DOWD LLP

TRAVIS E. DOWNS III

BENNY C. GOODMAN III

_______________

BENNY C. GOODMAN III

In accordance with General Order No. 45, Rule X, the above signatory attests that concurrence in the filing of this document has been obtained from the signatories below.

JONES DAY

WILLIAM S. FREEMAN

_______________

WILLIAM S. FREEMAN

GREENBERG TRAURIG, LLP

WILLIAM J. GOINES

_______________

WILLIAM J. GOINES

PURSUANT TO STIPULATION, IT IS SO ORDERED. The Initial Case Management Conference and the hearing on Defendants' Motions shall take place at 10AM on 4/3, 2012.

_______________

THE HONORABLE PAUL S. GREWAL

UNITED STATES MAGISTRATE JUDGE

CERTIFICATE OF SERVICE

I hereby certify that on January 17, 2012, I authorized the electronic filing of the foregoing 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 attached Electronic Mail Notice List, and I hereby certify that I caused to be mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached 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 January 17, 2012.

_______________

BENNY C. GOODMAN III

ROBBINS GELLER RUDMAN

& DOWD LLP

Mailing Information for a Case 5:11-cv-04604-PSG

Electronic Mail Notice List

The following are those who are currently on the list to receive e-mail notices for this case.

• Travis E. Downs , III
travisd@rgrdlaw.com,e_file_sd@rgrdlaw.com,ldeem@rgrdlaw.com,e_file_sf@rgrdlaw.com
• William S. Freeman
wfreeman@j onesday.comj agleaves@j onesday.com
• William J. Goines
goinesw@gtlaw.com,sandiferc@gtlaw.com,svlitdock@gtlaw.com
• Benny Copeline Goodman , III
bennyg@rgrdlaw.com,e_file_sd@rgrdlaw.com
• Royale Pence Price
pricer@gtlaw.com,worshamj @gtlaw.com,bryankat@gtlaw.com
• Randall Adam Swick
swicka@gtlaw.com,worshamj@gtlaw.com,cisnerosc@gtlaw.com
• Shawn A. Williams
shawnw@rgrdlaw.com,khuang@rgrdlaw.com,e_file_sd@rgrdlaw.com,e_file_sf@rgrdlaw.com
• Catherine Tara Zeng
czeng@jonesday.com,powens@jonesday.com,mecondos@jonesday.com,lmoniz@jonesday.com

Manual Notice List

The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients. Michael Asher
Sullivan Ward Tyler Bone & Asher
25800 Northwestern Highway
1000 Maccabees Center
Southfield, MI 48037


Summaries of

Iron Workers Local No. 25 Pension Fund v. Bogart

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Jan 18, 2012
No. 11-cv-04604-PSG (N.D. Cal. Jan. 18, 2012)
Case details for

Iron Workers Local No. 25 Pension Fund v. Bogart

Case Details

Full title:IRON WORKERS LOCAL NO. 25 PENSION FUND, Derivatively on Behalf of…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Jan 18, 2012

Citations

No. 11-cv-04604-PSG (N.D. Cal. Jan. 18, 2012)