Andrew et al v. City of Sacramento et al

Filing 36

STIPULATION and ORDER signed by District Judge John A. Mendez on 2/21/2019 EXTENDING the deadline for the Parties to file final disposition documents to 4/19/2019. (Huang, H)

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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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v.

Case No. 2:17-cv-02266-JAM-KJN
JOINT STIPULATION TO CONTINUE
DEADLINE TO FILE DISPOSITION
DOCUMENTS
Hon. John A. Mendez

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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JOINT STIPULATION RE: DEADLINE TO
FILE DISPOSITION DOCUMENTS
2:17-CV-02266-JAM-KJN

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As set forth in the Court’s June 21, 2018 Minute Order (Doc. No. 28), Plaintiffs Chris

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Andrew and Richard Mayberry, and Defendants City of Sacramento (the “City”), Nationwide

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Investment Services Corporation (“Nationwide”), and International City/County Managers

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Association-Retirement Corporation (“ICMA”) (collectively, “Parties”) reached a settlement in

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principal during the June 21, 2018 settlement conference before Magistrate Judge Claire. Since

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that time, the Parties have been drafting settlement documents; however, these documents have

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not yet been finalized.

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The June 21, 2018 Minute order set forth a deadline of September 26, 2018 for the Parties
to file final disposition documents. On September 24, 2018, the Parties filed a stipulation

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requesting the deadline to file final disposition documents be extended to November 16, 2018.

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(Doc. No. 29). That stipulated request was granted by the Court on September 25, 2018. (Doc.

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No. 30). On November 15, the Parties filed a second stipulation requesting that the deadline to

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file final disposition documents be extended to February 22, 2019. The second stipulated request

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was granted by the Court on November 16, 2018.

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The Parties are very close to finalizing the settlement agreement and expect to have a final

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agreement by early March. However, the Parties will need additional time after finalizing the

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settlement agreement to carry out certain terms of the agreement, before final disposition

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documents can be filed. The Parties therefore request that the deadline to file final disposition

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documents be extended to April 19, 2019.

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[signature page follows]

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JOINT STIPULATION RE: DEADLINE TO
FILE DISPOSITION DOCUMENTS
2:17-CV-02266-JAM-KJN

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Dated: February 20, 2019

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Respectfully submitted,
O’MELVENY & MYERS LLP

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By:

/s/ Susannah K. Howard
Susannah K. Howard
Attorneys for Defendant
NATIONWIDE INVESTMENT SERVICES
CORPORATION

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Dated: February 20, 2019

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Respectfully submitted,
MASTAGNI HOLSTEDT

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By: /s/ Isaac S. Stevens
(as authorized on November 15, 2018)
Isaac S. Stevens
Attorneys for Plaintiffs
CHRIS ANDREW and RICHARD
MAYBERRY

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Dated: February 20, 2019

BUCHALTER

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By:

/s/ Kevin T. Collins
Kevin T. Collins
(as authorized on November 15, 2018)
Attorneys for Defendant
CITY OF SACRAMENTO

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Respectfully submitted,

Dated: February 20, 2019

Respectfully submitted,
MAYER BROWN, LLP

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By:

/s/ Andrew Z. Edelstein
Andrew Z. Edelstein
(as authorized on November 15, 2018)
Attorneys for Defendant
INTERNATIONAL CITY/COUNTY
MANAGERS ASSOCIATION-RETIREMENT
CORPORATION

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JOINT STIPULATION RE: DEADLINE TO
FILE DISPOSITION DOCUMENTS
2:17-CV-02266-JAM-KJN

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IT IS SO ORDERED. The deadline for the Parties to file final disposition documents shall be

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extended to April 19, 2019.

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DATED: 2/21/2019

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

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JOINT STIPULATION RE: DEADLINE TO
FILE DISPOSITION DOCUMENTS
2:17-CV-02266-JAM-KJN