Andrew et al v. City of Sacramento et al

Filing 19

STIPULATION and ORDER signed by District Judge John A. Mendez on 2/12/2018 ORDERING that defendants' deadline to respond to the complaint is 4/5/2018. (Washington, S)

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RANDALL W. EDWARDS (C.S.B. #179053)
[e-mail]
SUSANNAH K. HOWARD (C.S.B #291326)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center
28ᵗʰ Floor
San Francisco, California 94111-3823
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
NATIONWIDE INVESTMENT SERVICES
CORPORATION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRIS ANDREW and RICHARD
MAYBERRY, suing individually and by and
on behalf of all others similarly situated,
Plaintiffs,

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Case No. 2:17-cv-02266-JAM-KJN
STIPULATION TO EXTEND TIME
FOR DEFENDANTS TO RESPOND TO
COMPLAINT (THIRD REQUEST)

v.
CITY OF SACRAMENTO; NATIONWIDE
INVESTMENT SERVICES CORPORATION,
an Ohio Corporation; INTERNATIONAL
CITY/COUNTY MANAGERS
ASSOCIATION-RETIREMENT
CORPORATION, a District of Columbia
Company,
Defendants.

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STIP. TO EXTEND DEFENDANTS TIME
TO RESPOND TO COMPL.
2:17-CV-02266-JAM-KJN

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Pursuant to Civil Local Rule 144(a), Plaintiffs Chris Andrew and Richard Mayberry

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(“Plaintiffs”) and Defendants City of Sacramento (the “City”), Nationwide Investment Services

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Corporation (“Nationwide”), and International City/County Managers Association-Retirement

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Corporation (“ICMA”) (collectively, “Defendants”) hereby stipulate and agree, subject to Court

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approval, to extend the time for Defendants to respond to the Complaint by 45 days, such that

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Defendants new response date would be April 5, 2018. On December 20, 2017, the parties

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submitted a stipulation requesting an extension for Defendants to respond to the Complaint until

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February 19, 2018 in order to focus in settlement discussions. (Doc. No. 14) This extension

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request was granted by the Court on December 22, 2017 (Doc. No. 15). The parties’ settlement

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discussions are on-going, and further postponing the deadline for Defendants to respond to the

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Complaint would allow the parties to continue to focus their efforts on these discussions, rather

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than on drafting responsive pleadings or motions.

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This is the third time each Defendant has requested Court approval for an extension of

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time to respond to the Complaint. In addition to the December 20, 2017 request referred to

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above, each Defendant previously filed a stipulated request for an extension to respond to the

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Complaint until January 5, 2018, all of which were subsequently granted by the Court. See Doc.

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Nos. 9, 12 & 13. These prior stipulations extended Nationwide’s and the City’s time to respond

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to the Complaint by 45 days (Doc. Nos. 9 & 12), and extended ICMA’s time to respond to the

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Complaint by 16 days (Doc. No. 13). This request would not affect any other court-ordered

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deadline.

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[signature page follows]

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STIP. TO EXTEND DEFENDANTS TIME
TO RESPOND TO COMPL.
2:17-CV-02266-JAM-KJN

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Dated: February 12, 2018

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Respectfully submitted,
O’MELVENY & MYERS LLP

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By:

/s/ Randall W. Edwards
Randall W. Edwards
Attorneys for Defendant
NATIONWIDE INVESTMENT SERVICES
CORPORATION

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Dated: February 12, 2018

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Respectfully submitted,
MASTAGNI HOLSTEDT

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By: /s/ Jeffrey R. A. Edwards
(as authorized on February 12, 2018)
Jeffrey R. A. Edwards
Attorneys for Plaintiffs
CHRIS ANDREW and RICHARD
MAYBERRY

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Dated: February 12, 2018

BUCHALTER

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By:

/s/ Kevin T. Collins
Kevin T. Collins
(as authorized on February 12, 2018)
Attorneys for Defendant
CITY OF SACRAMENTO

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Respectfully submitted,

Dated: February 12, 2018

Respectfully submitted,
MAYER BROWN, LLP

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By:

/s/ Andrew Z. Edelstein
Andrew Z. Edelstein
(as authorized on February 12, 2018)
Attorneys for Defendant
INTERNATIONAL CITY/COUNTY
MANAGERS ASSOCIATION-RETIREMENT
CORPORATION

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STIP. TO EXTEND DEFENDANTS TIME
TO RESPOND TO COMPL.
2:17-CV-02266-JAM-KJN

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IT IS SO ORDERED. Defendants’ deadline to respond to the Complaint shall be April 5, 2018.
DATED: February 12, 2018

/s/ John A. Mendez_____________
Hon. John A. Mendez
United States District Court Judge

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STIP. TO EXTEND DEFENDANTS TIME
TO RESPOND TO COMPL.
2:17-CV-02266-JAM-KJN