Andrew et al v. City of Sacramento et al

Filing 63

STIPULATION and ORDER signed by District Judge John A. Mendez on 11/30/2020 EXTENDING the deadline to file final disposition documents to 12/30/2020.(Becknal, R)

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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

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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,

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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.

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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 RC”) (collectively, “Parties”) reached a settlement

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

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As previously reported, the Parties’ signed settlement agreement requires independent

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

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review is now complete, and the Parties are in receipt of an independent fiduciary report. Counsel
JOINT STIPULATION RE: DEADLINE TO FILE DISPOSITION DOCUMENTS;
CASE NO. 2:17-CV-02266-JAM-KJN

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for the Parties are in the process of drafting a Joint Stipulation for Approval of Settlement so they

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may present the settlement agreement and fiduciary report to the Court for review. Counsel for the

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Parties respectfully request an additional 30 days from November 30, 2020, to finalize their

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dispositional papers.

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

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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 file

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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52). That stipulation was granted by the Court on June 4, 2020. (Doc. No. 53). On August 28,

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2020 the Parties filed a twelfth stipulation requesting additional time to November 30, 2020. (Doc.

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No. 58). That stipulation was granted by the Court on August 31, 2020. (Doc. No. 59).

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Dated: November 30, 2020

Respectfully submitted,

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MAYER BROWN, LLP

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By: /s/ Juan M. Rodriguez (as authorized
11/25/20)
Juan M. Rodriguez
Attorneys for Defendant
INTERNATIONAL CITY/COUNTY
MANAGERS ASSOCIATIONRETIREMENT CORPORATION

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Dated: November 30, 2020

Respectfully submitted,
O’MELVENY & MYERS LLP

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By: /s/ Susannah K. Howard (as authorized
11/30/20)
Susannah K. Howard
Attorneys for Defendant
NATIONWIDE INVESTMENT SERVICES
CORPORATION

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Dated: November 30, 2020

Respectfully submitted,

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MASTAGNI HOLSTEDT, APC

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

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

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Dated: November 30, 2020

Respectfully submitted,

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BUCHALTER

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By: /s/ Kevin T. Collins (as authorized
11/25/20)
Kevin T. Collins
Attorneys for Defendant
CITY OF SACRAMENTO

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

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DATED: November 30, 2020

/s/ John A. Mendez
THE HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE

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