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

Filing 366

STIPULATION AND ORDER re 365 Joint Stipulation and Proposed Order Modifying Briefing Schedule and Noticed Hearing Date re Plaintiff's Motion for Fees and Costs filed by AT&T Pension Benefit Plan-NonBargained Program re 355 MOT ION for Attorney Fees PLAINTIFFS MOTION FOR AWARD OF ATTORNEYS FEES AND NON-TAXABLE COSTS. Responses due by 6/4/2013. Replies due by 6/27/2013. Motion Hearing set for 7/18/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 5/8/13. (bpf, COURT STAFF) (Filed on 5/8/2013)

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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
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]

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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,
Defendant.

CASE NO. 08-04058 EMC
JOINT STIPULATION AND
[PROPOSED] ORDER MODIFYING
BRIEFING SCHEDULE AND
NOTICED HEARING DATE RE:
PLAINTIFF’S MOTION FOR
ATTORNEYS’ FEES AND NONTAXABLE COSTS

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Case No. 08-04058 EMC

JOINT STIP. MODIFYING FEE MOTION
DEADLINES; [PROPOSED] ORDER

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

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Case No. 08-04058 EMC

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JOINT STIP. MODIFYING FEE MOTION
DEADLINES; [PROPOSED] ORDER

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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 April 17, 2013, the Court entered final judgment on this case (D.E. #354);

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WHEREAS, on April 30, 2013, Plaintiff filed PLAINTIFF’S MOTION FOR AWARD OF

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ATTORNEYS’ FEES AND NON-TAXABLE COSTS (D.E. # 355) (“Motion”) and noticed a

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hearing for June 6, 2013, such that Defendant’s Opposition brief would be due on May 14, 2013 and

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Plaintiff’s Reply brief would be due on May 21, 2013;

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WHEREAS, Plaintiff’s Motion is supported by several declarations and lengthy exhibits and

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Defendant requests additional time to review these declarations and exhibits; and Plaintiff requests

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additional time to respond to Defendant’s opposition, including potentially engaging in further

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discussions with Plaintiff’s counsel to narrow the issues in dispute;

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WHEREAS, the Parties’ counsel conferred regarding the briefing schedule on Plaintiff’s

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Motion and agreed to request a change of the hearing date from June 6, 2013 to July 18, 2013 and to

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extend Defendant’s Opposition deadline and Plaintiff’s Reply deadline as set forth below;

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IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES:

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1. The deadline for Defendant to file its Opposition to PLAINTIFF’S MOTION FOR

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AN AWARD OF ATTORNEYS’ FEES AND NON-TAXABLE COSTS (D.E.

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#355) is extended from May 14, 2013 to June 4, 2013.

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2. The deadline for Plaintiff to file his Reply to Defendant’s Opposition to
PLAINTIFF’S MOTION FOR AN AWARD OF ATTORNEYS’ FEES AND
NON-TAXABLE COSTS (D.E. #355) is extended from May 21, 2013 to June 27,
2013.

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Case No. 08-04058 EMC

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JOINT STIP. MODIFYING FEE MOTION
DEADLINES; [PROPOSED] ORDER

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3. The noticed hearing date for PLAINTIFF’S MOTION FOR AN AWARD OF

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ATTORNEYS’ FEES AND NON-TAXABLE COSTS (D.E. #355), of June 6, 2013

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shall be changed to July 18, 2013.

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DATED: May 7, 2013

By:

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Attorneys for Plaintiff & the Class
Quiller Barnes

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/s/ Michelle L. Roberts
MICHELLE L. ROBERTS

DATED: May 7, 2013

By:

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/s/ Stephen H. Harris
STEPHEN H. HARRIS

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

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SIGNATURE ATTESTATION

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I, Stephen Harris, hereby attest that concurrence in the filing of the document has been

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obtained from the other signatory on this document.

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DATED: May 7, 2013

PAUL HASTINGS LLP

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By:

/s/ Stephen H. Harris
STEPHEN H. HARRIS

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Attorneys for Defendant

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Case No. 08-04058 EMC

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LEGAL_US_W # 75033805.2

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HON. EDWARD M. CHEN
United StatesDEREDCourt
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By:

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5/8
DATED: _________________, 2013

UNIT
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[PROPOSED] ORDER

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JOINT STIP. MODIFYING FEE MOTION
DEADLINES; [PROPOSED] ORDER