Barnes v. AT&T Pension Benefit Plan-NonBargained Program

Filing 287

STIPULATION AND ORDER RE CASE SCHEDULING re 282 Proposed Order filed by Quiller Barnes. Signed by Judge Edward M. Chen on 11/29/11. (bpf, COURT STAFF) (Filed on 11/29/2011)

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R. Joseph Barton, CA Bar No. 212340
Email: [e-mail]
Bruce F. Rinaldi, CA Bar No. 55133
Email: [e-mail]
Robyn M. Swanson, Admitted Pro Hac Vice
Email: [e-mail]
COHEN MILSTEIN SELLERS & TOLL P LLC
1100 New York Avenue, N.W.
West Tower, STE 500
Washington, DC 20005
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff & the Class
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Patrick W. Shea, Admitted Pro Hac Vice, NY Bar No. 4587176
Email: [e-mail]
PAUL, HASTINGS, JANOFSKY & WALKER LLP
75 East 55th Street
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
[Additional counsel listed on the next page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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QUILLER BARNES,

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Plaintiff,

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v.

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Case No. 08-04058 EMC
JOINT STIPULATION AND [PROPOSED]
ORDER RE CASE SCHEDULE

AT&T PENSION BENEFIT PLAN NONBARGAINED PROGRAM,

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Defendant.

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Judge Edward M. Chen
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C OHEN , M ILSTEIN ,
S ELLERS & T OLL
P.L.L.C.
ATTORNEYS AT LAW

1161879.1 1

JOINT STIPULATION AND [PROPOSED]
ORDER RE CASE SCHEDULE
CASE NO. 08-04058 EMC

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Michelle L. Roberts, CA Bar No. 239092
Email: [e-mail]
Claire Kennedy-Wilkins, CA Bar No. 231897
Email: [e-mail]
SPRINGER-SULLIVAN & ROBERTS LLP
410 – 12th Street, Suite 325
Oakland, CA 94607
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff & the Class
QUILLER BARNES

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Stephen H. Harris, CA Bar No. 184608
Email: [e-mail]
M’Alyssa C. Mecenas, CA Bar No. 272075
Email: [e-mail]
PAUL, HASTINGS, JANOFSKY & WALKER LLP
515 South Flower Street, 25th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]

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Regan A.W. Herald, CA Bar No. 251879
Email: [e-mail]
PAUL, HASTINGS, JANOFSKY & WALKER LLP
55 Second Street, 24th Floor
San Francisco, CA 94105
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
AT&T PENSION BENEFIT PLAN – NONBARGAINED PROGRAM

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1161879.1 1
C OHEN , M ILSTEIN ,
S ELLERS & T OLL
PLLC

JOINT STIPULATION AND [PROPOSED]
ORDER RE CASE SCHEDULE
CASE NO. 08-04058 EMC

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Plaintiff Quiller Barnes and Defendant AT&T Pension Benefit Plan – NonBargained
Program (collectively the “Parties”) through their respective counsel stipulate as follows:

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WHEREAS, on July 25, 2011, the Court ordered that the parties submit a stipulation

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regarding the new briefing schedule on the cross motions for summary judgment (to follow

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shortly after completion of settlement conference.) (Dkt. No. 265);

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WHEREAS, the Parties completed a settlement conference with Magistrate Judge MariaElena James on November 16, 2011 but were unable to settle the case (Dkt. No. 281);
WHEREAS the Court also ordered the Parties to submit a Joint Stipulation setting forth a
briefing schedule for summary judgment by no later than November 21, 2011 (Dkt. No. 277);
WHEREAS, the Parties have met and conferred regarding the briefing schedule on cross
motions for summary judgment;
WHEREAS, the parties previously requested in their joint case management statement of

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June 22, 2011 (Dkt. No. 258), that the Court increase the number of allowable pages in light of

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the proposed consolidated briefing schedule to:

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•

50 pages for Defendant's combined Cross-Motion and Opposition (the total

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number of combined pages Defendant normally would have available under Civil Local Rules 7-

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2(b) and 7-4(b) for both a Motion for Summary Judgment and an Opposition), and

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•

40 pages for Plaintiff’s combined Opposition and Reply (the total number of

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combined pages Plaintiff normally would have available under Civil Local Rule 7-4(b) for both

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an Opposition and a Reply).

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES that the
following summary judgment briefing schedule shall apply:
1. Plaintiff’s Motion for summary judgment on the question of Plan interpretation and
standard of review to be filed by no later than January 13, 2012;

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2. Defendant’s combined Cross-Motion and Opposition to be filed by no later than
February 3, 2012;

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3. Plaintiff’s combined Opposition and Reply to be filed by no later than February 28,
2012;

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C OHEN , M ILSTEIN ,
S ELLERS & T OLL
P.L.L.C.
ATTORNEYS AT LAW

1161879.1 1

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JOINT STIPULATION AND [PROPOSED]
ORDER RE CASE SCHEDULE
CASE NO. 08-04058 EMC

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4. Defendant’s Reply to be filed by no later than March 13, 2012; and

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5. Hearing on Motions will be held on March 30, 2012.

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6. The following page limitations shall apply for the parties combined briefing:
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a. 50 pages for Defendant's combined Cross-Motion and Opposition, and

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b. 40 pages for Plaintiff’s combined Opposition and Reply.
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Dated: November 21, 2011

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COHEN MILSTEIN SELLERS & TOLL PLLC
By: /s/_________________________________
R. Joseph Barton
Attorneys for Plaintiff & Class

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Dated: November 21, 2011

PAUL, HASTINGS, JANOFSKY & WALKER LLP
By: /s/_________________________________
Patrick W. Shea
Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DERED
SO OR ED
IT IS
Hon. Edward M. Chen
DIFI
U.S. District Court Judge
AS MO

NO

dward
Judge E
SIGNATURE ATTESTATION

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n

M. Che

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R NIA

Dated:

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11/29/11
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UNIT
ED

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S DISTRICT
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(as modified above - Lines 4-6)

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C
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I, Michelle L. Roberts, hereby attest that concurrence in the filing of the document has
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been obtained from the other signatories on this document.

D IS T IC T O
R

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/S/

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MICHELLE L. ROBERTS

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1161879.1 1
C OHEN , M ILSTEIN ,
S ELLERS & T OLL
PLLC

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JOINT STIPULATION AND [PROPOSED]
ORDER RE CASE SCHEDULE
CASE NO. 08-04058 EMC