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

Filing 304

STIPULATION AND ORDER RE CASE SCHEDULE re 303 Proposed Order filed by Quiller Barnes. Signed by Judge Edward M. Chen on 2/28/12. (bpf, COURT STAFF) (Filed on 2/28/2012)

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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
SECOND JOINT STIPULATION AND
[PROPOSED] ORDER RE CASE
SCHEDULE

AT&T PENSION BENEFIT PLAN NONBARGAINED PROGRAM,

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Defendant.
Judge Edward M. Chen

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

SECOND 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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C OHEN , M ILSTEIN ,
S ELLERS & T OLL
PLLC

SECOND 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, on August 15, 2011, Plaintiff served his Third Set of Document Requests

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Directed to Defendant requesting all documents related to the Benefit Plan Committee’s (“BPC”)

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August 2011 decision of the issues pending in this case;

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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 Parties submitted a Joint Stipulation setting forth a briefing schedule for
summary judgment on November 21, 2011 (Dkt. No. 282);

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WHEREAS, the Court ordered the following schedule:

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1. Plaintiff’s Motion for summary judgment on the question of Plan interpretation and

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standard of review to be filed by no later than January 13, 2012;
2. Defendant’s combined Cross-Motion and Opposition to be filed by no later than
February 3, 2012;
3. Plaintiff’s combined Opposition and Reply to be filed by no later than February 28,
2012;

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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. 40 pages for Defendant's combined Cross-Motion and Opposition, and

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b. 25 pages for Plaintiff’s combined Opposition and Reply.

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(Dkt. No. 287);
WHEREAS, Plaintiff filed his motion for summary judgment on January 13, 2012 (Dkt.
No. 291) and an amended motion on January 17, 2012 (Dkt. No. 294);

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

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

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WHEREAS, on January 11, 2012, Defendant provided Plaintiff with a privilege log of
documents withheld in connection with the BPC’s August 2011 decision;
WHEREAS, Plaintiffs sent a letter raising issues with respect to the adequacy of the
privilege log on January 25, 2012;

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WHEREAS counsel for the Parties held a telephonic meet and confer on February 15,

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2012 regarding the discovery dispute related to the privilege log and withheld documents for

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which Plaintiff disputes are privileged, and Defendant’s counsel intends to provide a proposal to

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reach compromise this week;

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WHEREAS, the Court rescheduled the hearing on the Parties’ motions for summary
judgment from March 30, 2012 to April 6, 2012;
WHEREAS, Plaintiff believes that the documents withheld by Defendant are responsive
to his August 15, 2011 document request and relevant to the issues in the Parties’ motions;

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WHEREAS, the Parties believe that additional time for the Parties to resolve the

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discovery dispute amongst themselves in advance of further briefing is in the interest of judicial

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economy;

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WHEREAS, the Parties request that the Court extend the current case deadlines as
follows:
1. Plaintiff’s combined Opposition and Reply to be filed by no later than March 9, 2012;
and

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2. Defendant’s Reply to be filed by no later than March 23, 2012.

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WHEREAS, the Parties’ request does not require rescheduling of the April 6, 2012

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hearing.
IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES that the
following modifications to the summary judgment briefing schedule shall apply:

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1. Plaintiff’s combined Opposition and Reply to be filed by no later than March 9, 2012; and

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2. Defendant’s Reply to be filed by no later than March 23, 2012.

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The previously ordered page limitations shall continue to apply.

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-2C OHEN , M ILSTEIN ,
S ELLERS & T OLL
PLLC

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

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Dated: February 23, 2012

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

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Dated: February 23, 2012

PAUL, HASTINGS, JANOFSKY & WALKER LLP

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By: /s/_________________________________
Patrick W. Shea
Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

2/28/12

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ER

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SIGNATURE ATTESTATION

FO

NO

Hon. Edward M. Chen
hen
U.S. District CourtdJudgeM. C
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Judge

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

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/S/
MICHELLE L. ROBERTS

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-3C OHEN , M ILSTEIN ,
S ELLERS & T OLL
PLLC

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