Andrew et al v. City of Sacramento et al

Filing 9

STIPULATION and ORDER signed by District Judge John A. Mendez on 12/14/2017 ORDERING Nationwide's deadline to respond to the Complaint is EXTENDED to 1/5/2018. (Washington, S)

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RANDALL W. EDWARDS (C.S.B. #179053)
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
STIPULATION TO EXTEND TIME
FOR NATIONWIDE INVESTMENT
SERVICES CORPORATION TO
RESPOND TO COMPLAINT

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 NATIONWIDE TIME
TO RESPOND TO COMPL.
2:17-CV-02266-JAM-KJN
OMM_US:76016900.1

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Pursuant to Civil Local Rule 144(a), Defendant Nationwide Investment Services

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Corporation obtained consent from and stipulates with Plaintiffs Chris Andrew and Richard

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Mayberry, subject to Court approval, to extend by 45 days the time for Nationwide to respond to

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the Complaint served on November 1, 2017, such that Nationwide’s new response date would be

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January 5, 2018. Counsel for Nationwide was recently retained, and the stipulated extension and

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requested Court approval is appropriate to allow sufficient time for Nationwide to investigate,

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prepare its response, and obtain necessary internal reviews given the holiday period. This is the

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first requested extension of any kind in the case by Nationwide, and the extension would not

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affect any other court-ordered deadline.

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Alternatively, if the Court does not approve the above stipulation, then Nationwide and

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Plaintiffs stipulate pursuant to Civil Local Rule 144(a) to extend by 28 days the time for

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Nationwide to respond to the Complaint, such that Nationwide’s new response date would be

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December 19, 2017.

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Dated: November 22, 2017

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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: November 22, 2017

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Respectfully submitted,
MASTAGNI HOLSTEDT

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By: /s/ Jeffrey R.A. Edwards
(as authorized on November 22, 2017)
David P. Mastagni
Jeffrey R. A. Edwards
Attorneys for Plaintiffs
CHRIS ANDREW and RICHARD
MAYBERRY

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-2OMM_US:76016900.1

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

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IT IS SO ORDERED. Nationwide’s deadline to respond to the Complaint shall be January 5,

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2018.

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Dated: 12/14/2017

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

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-3OMM_US:76016900.1

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