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

Filing 317

STIPULATION AND ORDER re 316 Modifying Discovery Deadlines and Extending Case Management Conference; Joint Request to Appear at Case Management Conference By Telephone; [Proposed] Order filed by AT&T Pension Benefit Plan-NonBargained Program Case Management Statement due by 11/21/2012. Discovery due by 11/30/2012. Further Telephonic Case Management Conference set for 11/30/2012 11:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/10/12. (bpf, COURT STAFF) (Filed on 9/10/2012)

1
2
3
4
5
6
7
8
9
10
11
12
13
14

COHEN MILSTEIN SELLERS & TOLL PLLC
R. Joseph Barton (CA State Bar No. 212340)
Email: [e-mail]
Bruce F. Rinaldi (CA State Bar No. 55133)
Email: [e-mail]
Robyn M. Swanson, Pro Hac Vice
Email: [e-mail]
1100 New York Avenue, N.W.
West Tower, STE 500
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff & the Class
QUILLER BARNES
PAUL HASTINGS LLP
Patrick W. Shea (NY State Bar No. 4587176), Pro Hac Vice
Email: [e-mail]
75 East 55th Street
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM

15
16

[Additional counsel listed on next page]

17
18

UNITED STATES DISTRICT COURT

19

NORTHERN DISTRICT OF CALIFORNIA

20
21

QUILLER BARNES,
Plaintiff,

22
23
24
25
26

vs.
AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM,
Defendant.

CASE NO. 08-04058 EMC
JOINT STIPULATION MODIFYING
DISCOVERY DEADLINES AND
EXTENDING CASE MANAGEMENT
CONFERENCE; JOINT REQUEST TO
APPEAR AT CASE MANAGEMENT
CONFERENCE BY TELEPHONE;
[PROPOSED] ORDER (Modified)

27
28
Case No. 08-04058 EMC

JOINT STIP. MODIFYING DISCOVERY
DEADLINES AND EXTENDING CMC; JOINT
REQUEST TO APPEAR BY TELEPHONE;
[PROPOSED] ORDER

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18

SPRINGER-SULLIVAN & ROBERTS LLP
Michelle L. Roberts (CA State Bar No. 239092)
Email: [e-mail]
Claire Kennedy-Wilkins (CA State Bar No. 231897)
Email: [e-mail]
410 – 12th Street, Suite 325
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
QUILLER BARNES
PAUL HASTINGS LLP
Stephen H. Harris (CA State Bar No. 184608)
Email: [e-mail]
M’Alyssa C. Mecenas (CA State Bar No. 272075)
Email: [e-mail]
515 South Flower Street, 25th Floor
Los Angeles, CA 90071
Telephone: [phone]
Facsimile: [phone]
PAUL HASTINGS LLP
Regan A.W. Herald (CA State Bar No. 251879)
875 15th Street, N.W.
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Defendant
AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM

19
20
21
22
23
24
25
26
27
28

-1Case No. 08-04058 EMC

JOINT STIP. MODIFYING DISCOVERY
DEADLINES AND EXTENDING CMC; JOINT
REQUEST TO APPEAR BY TELEPHONE;
[PROPOSED] ORDER

1

Plaintiff Quiller Barnes and Defendant AT&T Pension Benefit Plan – Nonbargained

2

Program (collectively referred to as the “Parties”), acting through their respective counsel of record,

3

hereby stipulate as follows:

4

EXTENSION OF DISCOVERY DEADLINES

5

WHEREAS, during the Parties’ telephonic case management conference on June 22, 2012,

6
7

the Court set a schedule of discovery and motion deadlines in the above-captioned matter;
WHEREAS, on August 6, 2012, Plaintiff served his Second Set of Requests for Admissions

8

Directed at Defendant and his Fifth Set of Interrogatories to Defendant; on August 10, 2012,

9

Plaintiff served his Sixth Set of Interrogatories to Defendant; and on August 22, 2012, Defendant

10

agreed to respond to Plaintiff’s Fourth Set of Interrogatories to Defendant regarding Defendant’s

11

affirmative defenses with respect to Plaintiff only;

12
13
14

WHEREAS, on August 10, 2012, Defendant served its First Set of Interrogatories to Plaintiff
and First Set of Requests for Admissions Directed at Plaintiff;
WHEREAS, in responding to some of the Parties’ various discovery requests, it would be

15

useful for the responding Party to consult with their respective experts regarding their responses to

16

discovery;

17

WHEREAS, the Parties therefore require additional time to prepare their written responses

18

to these already-propounded discovery requests, and the Parties’ experts require additional time to

19

prepare their expert reports for their designation;

20

WHEREAS, the Parties met and conferred on September 5, 2012 and on September 6, 2012

21

and agree that it is in the Parties’ and the Court’s interests to extend the schedule of expert discovery

22

deadlines, and agree that the extension of the discovery cut-off date does not enlarge the Parties’

23

right to propound additional discovery requests;

24

CASE MANAGEMENT CONFERENCE SCHEDULING

25

WHEREAS, by order dated September 4, 2012, the Court set a case management conference

26

in the above-captioned matter for Friday, November 2, 2012 at 11:30 a.m.;

27
28

-2Case No. 08-04058 EMC

JOINT STIP. MODIFYING DISCOVERY
DEADLINES AND EXTENDING CMC; JOINT
REQUEST TO APPEAR BY TELEPHONE;
[PROPOSED] ORDER

WHEREAS, the Plaintiff’s lead counsel will not be available on November 2, 2012, due to a

1
2

previously planned vacation that cannot be rescheduled, and Defendant’s lead counsel will not be

3

available on November 9, 2012, due to conflicting commitments that cannot be rescheduled;

4

WHEREAS, the Parties’ counsel are available for a case management conference on

5

November 16, 2012 at 11:30 a.m., and the Parties agree to file an updated Joint Case Management

6

Statement by November 9, 2012;
WHEREAS, the Parties both seek to avoid the significant costs associated with counsel’s

7
8

travel to attend the case management conference;
WHEREAS, the Parties do not expect that this stipulation to revise the discovery deadlines

9
10

or this stipulated request for continuance of the case management conference will require any

11

changes in the ADR process or schedule.

12

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

13

1.

The discovery schedule in the above-captioned matter shall be revised as follows:
Deadline Previously Set by
the Court in the Parties’
June 22, 2012 Case
Management Conference

Parties’ Stipulated Deadline

9/10/12

9/24/12

18

Designation of experts and initial
expert disclosures and close of fact
discovery

19

Rebuttal expert disclosures

10/10/12

10/22/12

20

Close of expert discovery

11/16/12

11/30/12

21

Motion(s) for summary judgment
due

1/9/13

No change

23

Opposition

2/8/13

No change

24

Reply

2/22/13

No change

25

Hearing on Motion(s) for summary
judgment

3/8/13 at 1:30 pm

No change

14
15
16
17

22

26
27
28

2.

The close of fact discovery shall be extended until September 24, 2012 solely for the

purpose of the Parties responding to the outstanding interrogatories and requests for admission listed

-3Case No. 08-04058 EMC

JOINT STIP. MODIFYING DISCOVERY
DEADLINES AND EXTENDING CMC; JOINT
REQUEST TO APPEAR BY TELEPHONE;
[PROPOSED] ORDER

1

above in this Stipulation and moving to compel responses to that outstanding discovery. No other

2

deadlines with respect to fact discovery shall be reset and the extension of these discovery deadlines

3

does not enlarge the Parties’ right to propound additional discovery.

4
5
6
7

3.

The Parties have each agreed to waive any objection to the already propounded

interrogatories on the basis that the number of interrogatories served exceed the default numerical
limit imposed by Rule 33(a)(1), but retain and reserve the right to seek any other objections to such
discovery.

8
4.

9

Further, the case management conference in the above-captioned matter may be

10

rescheduled from November 2, 2012 to November 16, 2012. The Parties jointly and respectfully

11

request permission for their counsel to appear telephonically for the case management conference on

12

the date to be set by the Court. The Parties shall file an updated CMC statement by November 9,

13

2012.

14

DATED: September 7, 2012

15

/s/ R. Joseph Barton
R. JOSEPH BARTON

Attorneys for Plaintiff
Quiller Barnes

16
17

By:

DATED: September 7, 2012

18

By:

/s/ Patrick W. Shea
PATRICK W. SHEA

Attorneys for Defendant
AT&T Pension Benefit Plan - Nonbargained Program

19
20

SIGNATURE ATTESTATION

21
22
23
24

I, Patrick W. Shea, hereby attest that concurrence in the filing of the document has been
obtained from the other signatory on this document.
DATED: September 7, 2012

25

PATRICK W. SHEA
PAUL HASTINGS LLP
By:

/s/ Patrick W. Shea
PATRICK W. SHEA

26

Attorneys for Defendant
AT&T Pension Benefit Plan - Nonbargained Program

27
28

-4Case No. 08-04058 EMC

JOINT STIP. MODIFYING DISCOVERY
DEADLINES AND EXTENDING CMC; JOINT
REQUEST TO APPEAR BY TELEPHONE;
[PROPOSED] ORDER

[PROPOSED] ORDER

1
2
3
4

PURSUANT TO STIPULATION, IT IS SO ORDERED that the Court adopts the Parties’
stipulated discovery and motion deadlines as follows:
Designation of experts and initial expert disclosures
and close of fact discovery

9/24/12

5

Rebuttal expert disclosures

10/22/12

6

Close of expert discovery

11/30/12

7

Motion(s) for summary judgment due

1/9/13

8

Opposition

2/8/13

9

Reply

2/22/13

Hearing on Motion(s) for summary judgment

3/8/13 at 1:30 pm

16
17
18
19
20
21
22
23

enlarge the Parties’ right to propound additional discovery.
FURTHER, IT IS SO ORDERED that the case management conference in the above30
captioned matter is hereby rescheduled from November 2, 2012 to November 16, 2012 at
11:30 a.m.
_______________. All deadlines associated with that conference are hereby reset, except that the
21
Parties’ Joint Case Management Statement still shall be filed by November 9, 2012.
FURTHER, IT IS SO APPROVED that counsel for both Parties may appear telephonically
at the case management conference.
IT IS SO ORDERED.

Plaintiff counsel to coordinate conference call and call
the Court last at [phone] at 11:30 a.m.

S DISTRICT
TE
C
TA
By:

September 10
DATED: _________________, 2012

25
26
27

HON. EDWARD M. CHEN
United States District Court
ERED

O ORD D
IT IS S
DIFIE
AS MO

NO

28

RT

dward
Judge E

-5-

ER

H

Case No. 08-04058 EMC

RT
U
O

24

deadlines with respect to fact discovery shall be reset and this new discovery schedule does not

R NIA

15

in this Stipulation and moving to compel responses to that outstanding discovery. No other

n

M. Che

FO

14

of the Parties responding to the outstanding interrogatories and requests for admission listed above

JOINT STIP. MODIFYING DISCOVERY
DEADLINES AND EXTENDING CMC; JOINT
REQUEST TO APPEAR BY TELEPHONE;
[PROPOSED] ORDER
C

LI

13

The close of fact discovery shall be extended until September 24, 2012 solely for the purpose

A

12

S

11

UNIT
ED

10

N

F
D IS T IC T O
R