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

Filing 329

STIPULATION AND ORDER RESETTING FURTHER CMC FROM 11/30/12 TO THURSDAY 3/14/13 AT 10:30 A.M. re 328 Proposed Order filed by Quiller Barnes Case Management Statement due by 3/7/2013. Further Case Management Conference set for 3/14/2013 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/21/12. (bpf, COURT STAFF) (Filed on 11/21/2012)

1
2
3
4
5
6
7

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

11

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]

12

Attorneys for Defendant

8
9
10

13
14

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

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17
18
19
20
21
22

QUILLER BARNES,
Plaintiff,
vs.

CASE NO. 08-04058 EMC
JOINT STIPULATION & [PROPOSED]
ORDER SCHEDULING CASE
MANAGEMENT CONFERENCE

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

23
24
25
26
27
28
Case No. 08-04058 EMC

JOINT STIPULATION RE CMC;
[PROPOSED] ORDER

4

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]

5

Attorneys for Plaintiff

1
2
3

6
7
8
9
10
11

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]

15

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]

16

Attorneys for Defendant

12
13
14

17

AT&T PENSION BENEFIT PLAN –
NONBARGAINED PROGRAM

18
19
20
21
22
23
24
25
26
27
28
Case No. 08-04058 EMC

-1-

JOINT STIPULATION RE CMC;
[PROPOSED] ORDER

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

1
2

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

3

hereby stipulate as follows:

4

WHEREAS, on September 10, 2012, the Court ordered the rescheduling of the case

5

management conference in the above-captioned matter from November 2, 2012 to November 30,

6

2012 (D.E. #317);
WHEREAS, on October 5, 2012 the Parties filed the Stipulation on Partial Dismissal of

7
8

Remaining Claims & [Proposed] Order (D.E. #320);
WHEREAS, on October 11, 2012, the Court ordered Plaintiff to file a motion addressing

9
10

whether class notice is required for the dismissal of Count III and/or Count IV, for Defendant to file

11

an opposition 21 days thereafter, and for Plaintiff to file any reply within 14 days thereafter (D.E.

12

#321);

13

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

14

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

15

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

16

CLASS MEMBERS (D.E. # 323);

17
18
19

WHEREAS, the hearing on Plaintiff’s above-referenced motion is set for December 21, 2012
at 1:30 p.m. (D.E. #327);
WHEREAS, in light of Plaintiff’s pending motion regarding the dismissal of the case, the

20

Parties do not believe that a case management conference prior to the hearing and/or a decision on

21

Plaintiff’s motion is necessary or an efficient use of judicial resources;

22

WHEREAS, the Parties seek to reschedule the case management conference to March 15,

23

2013 or, in the alternative, to December 21 2012;

24

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

25

The case management conference in the above-captioned matter may be rescheduled from

26

November 30, 2012 to March 15, 2013 (or, in the alternative, to December 21, 2012). The Parties

27

shall file an updated joint case management conference statement by no later than seven days before

28

the rescheduled case management conference.
Case No. 08-04058 EMC

-2-

JOINT STIPULATION RE CMC;
[PROPOSED] ORDER

1

DATED: November 20, 2012

2
3
4

By:

/s/ Michelle L. Roberts
MICHELLE L. ROBERTS

Attorneys for Plaintiff
Quiller Barnes
DATED: November 20, 2012

5

By:

/s/ Patrick W. Shea
PATRICK W. SHEA

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

6
7
8
9
10

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.

11
12

DATED: November 20, 2012

SPRINGER-SULLIVAN & ROBERTS LLP
By:

13

/s/ Michelle L. Roberts
MICHELLE L. ROBERTS
Attorneys for Plaintiff

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 08-04058 EMC

-3-

JOINT STIPULATION RE CMC;
[PROPOSED] ORDER

[PROPOSED] ORDER

1
2
3
4

PURSUANT TO STIPULATION, IT IS SO ORDERED.
The case management conference is the above-captioned matter is hereby rescheduled from
14
10:30 a.m.
November 30, 2012 to March 15, 2013 at 9:00 a.m. [or December 21, 2012 at 1:30 p.m.]. All

6

deadlines associated with that conference are hereby reset, except that the Parties’ Joint Case
7
Management Statement shall be filed by March 8, 2013 [or December 14, 2012].

7

11/21
DATED: _________________, 2012

S DISTRICT
TE
C
HON. EDWARD A CHEN
T M. Court
United States District

11

RT

dwa
Judge E

ER

H

13
14

hen

rd M. C

NO

12

R NIA

10

D
RDERE
S SO O IED
IT I
DIF
AS MO

FO

9

LI

UNIT
ED

S

RT
U
O

8

By:

A

5

N

F
D IS T IC T O
R

C

15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 08-04058 EMC

-4-

JOINT STIPULATION RE CMC;
[PROPOSED] ORDER