Opinion
No. 11-cv-04604-PSG
01-18-2012
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