Andrew et al v. City of Sacramento et al

Filing 59

STIPULATION and ORDER signed by District Judge John A. Mendez on 8/28/2020 CONTINUING The Deadline to file Dispositional Documents to 11/30/2020. (Mena-Sanchez, L)

1
2
3
4
5
6
7
8

DAVID P. MASTAGNI, ESQ. (SBN 57721)
[e-mail]
CHERYL CARLSON, ESQ. (SBN 118102)
[e-mail]
MASTAGNI HOLSTEDT
A Professional Corporation
1912 “I” Street
Sacramento, California 95811-3151
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs
CHRIS ANDREW and RICHARD MAYBERRY

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

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

13
14
15
16
17
18
19

Plaintiffs,
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.

20
21

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

22

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

23

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

24

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

25

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

26

As previously reported to this Court, the Parties’ signed settlement agreement requires

27

independent fiduciary review prior to the Parties’ filing of dispositional documents.

28

independent fiduciary review is not yet complete. The Parties are simply waiting for the fiduciary

This

JOINT STIPULATION RE: DEADLINE TO FILE DISPOSITION DOCUMENTS;
CASE NO. 2:17-CV-02266-JAM-KJN

1

to complete its review, however events caused by the COVID-19 Pandemic have caused further

2

unanticipated delays. For this reason, the Parties again request that the deadline to file final

3

disposition documents be extended for approximately 90 days, in order to carry out certain terms

4

of the settlement agreement.

5

The June 21, 2018 Minute Order set forth a deadline of September 26, 2018 for the Parties

6

to file final disposition documents. On September 24, 2018, the Parties filed a stipulation

7

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

8

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

9

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

10

final disposition documents be extended to February 22, 2019. (Doc. No. 33). The second

11

stipulated request was granted by the Court on November 16, 2018. (Doc. No. 34). On February

12

20, 2019, the Parties filed a third stipulation requesting that the deadline to file final disposition

13

documents be extended to April 19, 2019. (Doc. No. 35). The third stipulated request was granted

14

by the Court on February 21, 2019. (Doc. No. 36). On April 17, 2019, the Parties filed a fourth

15

stipulation requesting additional time to July 19, 2019. (Doc. No. 37). That stipulation was granted

16

by the Court on April 18, 2019. (Doc. No. 38). On July 18, 2019, the Parties filed a fifth stipulation

17

requesting additional time to August 30, 2019. (Doc. No. 40). That stipulation was granted by the

18

Court on July 19, 2019. (Doc. No. 41). On August 30, 2019, the Parties filed a sixth stipulation

19

requesting additional time to October 16, 2019. (Doc. No. 42). That stipulation was granted by

20

the Court on September 3, 2019. (Doc. No. 43). On October 17, 2019 the Parties filed a seventh

21

stipulation requesting additional time to November 22, 2019. (Doc. No. 44). That stipulation was

22

granted by the Court on October 17, 2019. (Doc. No. 45). On November 25, 2019, the Parties filed

23

an eighth stipulation requesting additional time to December 20, 2019. (Doc. No. 46). That

24

stipulation was granted by the Court on November 25, 2019. (Doc. No. 47). On December 20,

25

2019, the Parties filed a ninth stipulation requesting additional time to March 4, 2020. (Doc. No.

26

48). That stipulation was granted by the Court on December 26, 2020. (Doc. No. 49). On March

27

5, 2020, the Parties filed a tenth stipulation requesting additional time to June 2, 2020. (Doc. No.

28

50). That stipulation was granted by the Court on March 5, 2020. (Doc. No. 51). On June 3, 2020
2
JOINT STIPULATION RE: DEADLINE TO FILE DISPOSITION DOCUMENTS;
CASE NO. 2:17-CV-02266-JAM-KJN

1

the Parties filed an eleventh stipulation requesting additional time to August 31, 2020. (Doc. No.

2

52). That stipulation was granted by the Court on June 4, 2020. (Doc. No. 53).

3
4

Dated: August 28, 2020

Respectfully submitted,

5

MAYER BROWN, LLP

6

By: /s/ Juan M. Rodriguez (as authorized
8/28/20)
Juan M. Rodriguez
Attorneys for Defendant
INTERNATIONAL CITY/COUNTY
MANAGERS ASSOCIATIONRETIREMENT CORPORATION

7
8
9
10
11

Dated: August 28, 2020

Respectfully submitted,
O’MELVENY & MYERS LLP

12

By: /s/ Susannah K. Howard (as authorized
8/28/20)
Susannah K. Howard
Attorneys for Defendant
NATIONWIDE INVESTMENT SERVICES
CORPORATION

13
14
15
16
17

Dated: August 28, 2020

Respectfully submitted,

18

MASTAGNI HOLSTEDT, APC

19

By: /s/ Cheryl Carlson
Cheryl Carlson
Attorneys for Plaintiffs
CHRIS ANDREW and RICHARD
MAYBERRY

20
21
22
23

Dated: August 28, 2020

Respectfully submitted,

24

BUCHALTER

25

By: /s/ Kevin T. Collins (as authorized
8/27/20)
Kevin T. Collins
Attorneys for Defendant
CITY OF SACRAMENTO

26
27
28
3

JOINT STIPULATION RE: DEADLINE TO FILE DISPOSITION DOCUMENTS;
CASE NO. 2:17-CV-02266-JAM-KJN

1
2
3
4

ORDER
IT IS SO ORDERED. The deadline for the Parties to file final disposition documents shall
be extended to November 30, 2020.

5
6

DATED: August 28, 2020

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

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4

JOINT STIPULATION RE: DEADLINE TO FILE DISPOSITION DOCUMENTS;
CASE NO. 2:17-CV-02266-JAM-KJN