Kanawi et al v. Bechtel Corporation et al

Filing 759

ORDER re #753 Stipulation, filed by Bechtel Corporation, Bechtel Trust and Thrift Plan Committee, The, Bechtel Trust and Thrift Plan Administrative Committee, The, Peggi Knox. Signed by Judge Charles R. Breyer on 5/26/09. (be, COURT STAFF) (Filed on 5/26/2009)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

MORGAN, LEWIS & BOCKIUS LLP D. Ward Kallstrom, State Bar No. 76937 William J. Taylor, State Bar No. 72902 One Market, Spear Street Tower San Francisco, CA 94105-1126 Tel: [phone] Fax: [phone] Attorneys for Defendants Bechtel Corporation, The Bechtel Trust & Thrift Plan Administrative Committee, And Peggi Knox U.S. DEPARTMENT OF LABOR OFFICE OF THE SOLICITOR PLAN BENEFITS SECURITY DIVISION Elizabeth Hopkins (D.C. Bar 405110) Robert L. Furst (D.C. Bar 347211) P.O. Box 1914 Washington, DC 20013-1914 Tel: [phone] Fax: [phone] Attorneys For Proposed Intervenor Secretary Of Labor PAUL HASTINGS Grace Carter, State Bar No. 101610 55 Second Street Twenty-Fourth Floor San Francisco, CA 94105 Tel: [phone] Fax: [phone] Attorneys for Defendants Fremont Investment Advisors

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

BEVERLY KANAWI AND SALVADOR AQUINO, Plaintiffs, vs. BECHTEL CORPORATION, THE BECHTEL TRUST & THRIFT PLAN COMMITTEE, PEGGI KNOX AND FREMONT INVESTMENT ADVISORS, Defendants.

Case No. C 06-5566 CRB-EDL STIPULATION, REQUEST, AND [PROPOSED] ORDER TO CONTINUE HEARING, SUBJECT TO RE-NOTICE, OF MOTION TO INTERVENE AND MODIFY PROTECTIVE ORDER Hearing Date: Time: Courtroom: June 12, 2009 10:00 a.m. Hon. Charles R. Breyer

28
DB2/21123844.2

STIPULATION, REQUEST AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO INTERVENE AND MODIFY PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

The parties hereto agree and act as follows. 1. The United States Department of Labor (hereinafter "DOL") filed a Motion to

Intervene and Modify Protective Order (hereinafter "Motion") noticed for hearing on June 12, 2009. 2. The DOL and Defendants Fremont Investment Advisors, Inc. (hereinafter "FIA")

and the Bechtel Corporation, the Bechtel Trust & Thrift Plan Committee, and Peggi Knox (collectively hereinafter "Bechtel Defendants") have been diligently discussing a negotiated resolution of the Motion, have made substantial progress, but need more time to complete their negotiations. 3. The further briefing on the Motion is presently due on Friday, May 22, 2009

(opposition) and Friday, May 29, 2009 (reply). 4. The DOL, FIA, and the Bechtel Defendants believe that continuing the June 12,

2009 hearing on the Motion will give them the realistic prospect of resolving the Motion without the necessity of further briefing, or taking up the Court's time. THEREFORE, in accord with Local Rules 6-1 and 7-7, 1. DOL, as the moving party, hereby gives notice in advance of the filing of opposi-

tion papers that its pending Motion is taken off calendar subject to being re-noticed by DOL as necessary at a future time. 2. The parties hereto agree that this Court retains jurisdiction to entertain the DOL's

Motion even if a Notice of Appeal is hereafter filed from the judgment entered in this case. 3. DOL, FIA, and the Bechtel Defendants stipulate and agree that they will

cooperate, and take those actions that may be necessary in the future, to assure that this Court has jurisdiction to decide DOL's Motion, should it become necessary for the DOL to renotice that Motion. /// ///

28
DB2/21123844.2

1.

STIPULATION, REQUEST AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO INTERVENE AND MODIFY PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

Dated: May 21, 2009

ELIZABETH HOPKINS Counsel for Appellate and Special Litigation

By

/s/ Elizabeth Hopkins Elizabeth Hopkins Senior Trial Attorney Plan Benefits Security Division Office of the Solicitor U.S. Department of Labor P.O. Box 1914 Washington, DC 20013-1914 Attorneys for Proposed Intervenor Secretary of Labor

Dated: May 21, 2009

PAUL, HASTINGS, JANOFSKY, & WALKER LLP

By

/s/ Grace Carter Grace Carter Attorneys for Defendant FIA

Dated: May 21, 2009

MORGAN, LEWIS & BOCKIUS LLP

By

/s/ D. Ward Kallstrom D. Ward Kallstrom Attorneys for Bechtel Defendants

/// /// ///

28
DB2/21123844.2

2

STIPULATION, REQUEST AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO INTERVENE AND MODIFY PROTECTIVE ORDER

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

IT IS SO ORDERED

May ___, 2009 26

UNIT ED

S

S DISTRICT TE C ___________________________ TA
Hon. Charles R. Breyer United States District Judge

ER

N

F D IS T IC T O R

28
DB2/21123844.2

3

STIPULATION, REQUEST AND [PROPOSED] ORDER TO CONTINUE HEARING ON MOTION TO INTERVENE AND MODIFY PROTECTIVE ORDER

A

C

LI

FO

harle Judge C

s R. Bre

yer

R NIA

OO IT IS S

RDERE

D

RT U O

NO

RT

H