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

Filing 319

STIPULATION AND ORDER re 318 Modifying Discovery Deadlines filed by AT&T Pension Benefit Plan-NonBargained Program Close of expert discovery - 12/14/2012.. Signed by Judge Edward M. Chen on 9/27/12. (bpf, COURT STAFF) (Filed on 9/27/2012)

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

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
[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.

CASE NO. 08-04058 EMC
JOINT STIPULATION MODIFYING
DISCOVERY DEADLINES; [PROPOSED]
ORDER

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

27
28
Case No. 08-04058 EMC

JOINT STIP. MODIFYING DISCOVERY
DEADLINES; [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; [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, on September 7, 2012, the Parties jointly stipulated to a modified schedule of

6

discovery and motion deadlines in the above-captioned matter, which the Court adopted by Order

7

dated September 10, 2012;

8
9
10

WHEREAS, the Parties previously stipulated to September 24, 2012 as the close of fact
discovery and the deadline to designate experts and initial expert disclosures;
WHEREAS, Plaintiff intends to dismiss Counts III and IV, and because Count IV has been

11

certified as a class action, Plaintiff requires additional time to prepare the necessary documentation to

12

effect the dismissal of Counts III and IV;

13

WHEREAS, the Parties conferred on September 20, 2012 and agree that it is in the Parties’

14

and the Court’s interests to extend the schedule of expert discovery deadlines, and agree that the

15

extension of the discovery cut-off date does not enlarge the Parties’ right to propound additional

16

discovery requests and would further the interests of judicial efficiency and conserve each Party’s

17

resources;

18

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

19

1.

The discovery schedule in the above-captioned matter shall be revised as follows:
Deadline Previously Set by
the Court in its September
10, 2012 Order

Parties’ Stipulated Deadline

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

9/24/12

10/8/12

Rebuttal expert disclosures

10/22/12

11/5/12

Close of expert discovery

11/30/12

12/14/12

Motion(s) for summary judgment
due

1/9/13

No change

20
21
22
23
24
25
26
27
28

-2Case No. 08-04058 EMC

JOINT STIP. MODIFYING DISCOVERY
DEADLINES; [PROPOSED] ORDER

1
2
3

Opposition

2/8/13

No change

Reply

2/22/13

No change

Hearing on Motion(s) for summary
judgment

3/8/13 at 1:30 pm

No change

4
2.

5

The close of fact discovery shall be extended until October 8, 2012 solely for the

6

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

7

in the Parties’ Joint Stipulation dated September 7, 2012, and moving to compel responses to that

8

outstanding discovery. No other deadlines with respect to fact discovery shall be reset and the

9

extension of these discovery deadlines does not enlarge the Parties’ right to propound additional

10

discovery.

11

-

12

DATED: September 24, 2012

/s/ R. Joseph Barton
R. JOSEPH BARTON

By:

13

Attorneys for Plaintiff
Quiller Barnes

14
15

DATED: September 24, 2012

/s/ Patrick W. Shea
PATRICK W. SHEA

By:

16

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

17
18
19
20

SIGNATURE ATTESTATION
I, Patrick W. Shea, hereby attest that concurrence in the filing of the document has been

21

obtained from the other signatory on this document.

22

DATED: September 24, 2012

23

PATRICK W. SHEA
PAUL HASTINGS LLP
/s/ Patrick W. Shea
PATRICK W. SHEA

By:

24
25

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

26
27
28

-3Case No. 08-04058 EMC

JOINT STIP. MODIFYING DISCOVERY
DEADLINES; [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:

5

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

10/8/12

6

Rebuttal expert disclosures

11/5/12

7

Close of expert discovery

12/14/12

8

Motion(s) for summary judgment due

1/9/13

9

Opposition

2/8/13

10

Reply

2/22/13

11

Hearing on Motion(s) for summary judgment

3/8/13 at 1:30 pm

12
13

The close of fact discovery shall be extended until October 8, 2012 solely for the purpose of

14

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

15

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

16

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

17

Parties’ right to propound additional discovery.
IT IS SO ORDERED.
9/27
DATED: _________________, 2012

By:

D

ERE
O ORD
IS SCHEN
HON. EDWARD M.
IT

ER

H

24
25

FO

dwa
Judge E

LI

RT

23

hen

rd M. C

NO

22

R NIA

United States District Court

21

A

20

UNIT
ED

19

S DISTRICT
TE
C
TA

RT
U
O

S

18

N

F
D IS T IC T O
R

C

26
27
28

-4Case No. 08-04058 EMC

JOINT STIP. MODIFYING DISCOVERY
DEADLINES; [PROPOSED] ORDER