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

Filing 327

STIPULATION AND ORDER re 326 , filed by Quiller Barnes, Set/Reset Deadlines as to 326 Proposed Order, 323 MOTION PLAINTIFF'S MOTION RE: DISMISSAL OF COUNTS III AND IV; CLASS NOTICE; AND MODIFICATION OF THE COURTS SUMMARY JUDGMENT OR DER (D.E. # 309) WITH RESPECT TO ANNUITANT CLASS MEMBERS . Responses due by 11/22/2012. Replies due by 12/6/2012. Motion Hearing set for 12/21/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 11/13/12. (bpf, COURT STAFF) (Filed on 11/13/2012)

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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]
1100 New York Avenue, N.W.
West Tower, STE 500
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff & the Class
QUILLER BARNES

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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]

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Attorneys for Defendant

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AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM
[Additional counsel listed on next page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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QUILLER BARNES,
Plaintiff,
vs.
AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM,

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Defendant.

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CASE NO. 08-04058 EMC
JOINT STIPULATION AND
[PROPOSED] ORDER MODIFYING
NOTICED HEARING DATE RE:
PLAINTIFF’S MOTION RE:
DISMISSAL OF COUNTS III AND IV;
CLASS NOTICE; AND
MODIFICATION OF THE COURT’S
SUMMARY JUDGMENT ORDER (D.E.
# 309) WITH RESPECT TO
ANNUITANT CLASS MEMBERS

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Case No. 08-04058 EMC
1647371.1 1

JOINT STIP. MODIFYING OPPOSITION &
REPLY DEADLINES; [PROPOSED] ORDER

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SPRINGER-SULLIVAN & ROBERTS LLP
Michelle L. Roberts (CA State Bar No. 239092)
Email: [e-mail]
410 – 12thStreet, Suite 325
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff

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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]

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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]

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Attorneys for Defendant

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AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM

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Case No. 08-04058 EMC
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JOINT STIP. MODIFYING OPPOSITION &
REPLY DEADLINES; [PROPOSED] ORDER

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

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

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hereby stipulate as follows:

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WHEREAS, on October 11, 2012, the Court issued an order requiring Plaintiff to file a

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motion addressing whether class notice is required for Count III and/or Count IV and whether

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dismissal of Count IV is fair reasonable and adequate, Defendant to file an opposition 21 days

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thereafter, and Plaintiff to file any reply within 14 days thereafter (D.E. #321);

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WHEREAS, on November 1, 2012, Plaintiff filed PLAINTIFF’S MOTION RE:

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DISMISSAL OF COUNTS III AND IV; CLASS NOTICE; AND MODIFICATION OF THE

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COURT’S SUMMARY JUDGMENT ORDER (D.E. # 309) WITH RESPECT TO ANNUITANT

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CLASS MEMBERS (D.E. # 323) and noticed a hearing for December 14, 2012, 35 days following

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the date the motion was filed;

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WHEREAS, under the briefing schedule set forth in the October 11, 2012 Order, which the

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Parties would like to keep, Defendant’s Response is due on November 22, 2012 and Plaintiff’s Reply

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is due on December 6, 2012;

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WHEREAS, a December 14, 2012 hearing date is less than two weeks after the due date for
Plaintiff’s Reply; and

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WHEREAS, the earliest available hearing date based on Plaintiff’s Reply due date is

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December 21, 2012 and the Parties are available and agree to change Plaintiff’s noticed hearing date

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from December 14, 2012 to December 21, 2012.

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

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The noticed hearing date for PLAINTIFF’S MOTION RE: DISMISSAL OF COUNTS III

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AND IV; CLASS NOTICE; AND MODIFICATION OF THE COURT’S SUMMARY

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JUDGMENT ORDER (D.E. # 309) WITH RESPECT TO ANNUITANT CLASS MEMBERS

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(D.E. # 323) of December 14, 2012 shall be changed to December 21, 2012.

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Case No. 08-04058 EMC
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JOINT STIP. MODIFYING OPPOSITION &
REPLY DEADLINES; [PROPOSED] ORDER

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DATED: November 9, 2012

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By:

/s/ Michelle L. Roberts
MICHELLE L. ROBERTS

Attorneys for Plaintiff
Quiller Barnes
DATED: November 9, 2012

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By:

/s/ Patrick W. Shea
PATRICK W. SHEA

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

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SIGNATURE ATTESTATION
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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DATED: November 9, 2012

SPRINGER-SULLIVAN & ROBERTS LLP
By:

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/s/ Michelle L. Roberts
MICHELLE L. ROBERTS

Attorneys for Plaintiff

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Case No. 08-04058 EMC
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JOINT STIP. MODIFYING OPPOSITION &
REPLY DEADLINES; [PROPOSED] ORDER

[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Defendant shall file an opposition or response to PLAINTIFF’S MOTION RE:

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DISMISSAL OF COUNTS III AND IV; CLASS NOTICE; AND MODIFICATION OF THE

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COURT’S SUMMARY JUDGMENT ORDER (D.E. # 309) WITH RESPECT TO ANNUITANT

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CLASS MEMBERS (D.E. # 323) by no later than November 22, 2012 and Plaintiff shall file any

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Reply by no later than December 6, 2012. Plaintiff’s motion shall be heard on December 21, 2012 at

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1:30 p.m. or as soon thereafter as practicable.

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Dec. 13
DATED: _________________, 2012

S

O OR

IT IS S

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HON. EDWARD M. CHEN
United States DERED
District Court

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Case No. 08-04058 EMC
1647371.1 1

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JOINT STIP. MODIFYING OPPOSITION &
REPLY DEADLINES; [PROPOSED] ORDER