Balsley v. Delta Star Employee Stock Ownership Plan et al

Filing 51

STIPULATION AND ORDER to file second amended complaint. Motions terminated: 48 MOTION for Leave to File Second Amended Complaint filed by John Balsley. Signed by Judge Thelton E. Henderson on 07/07/10. (rbe, COURT STAFF) (Filed on 7/7/2010)

Balsley v. Delta Star Employee Stock Ownership Plan et al

Doc. 51

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BUTTERFIELD SCHECHTER LLP

Marc S. Schechter, Bar No. 116190 Susan L. Meter, Bar No. 236133 Elizabeth M. Sales, Bar No. 250992 BUTTERFIELD SCHECHTERLLP 10616 Scripps Summit Court, Ste. 200 San Diego, California 92131-3961 [phone]/FAX [phone] [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff John Balsley UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN BALSLEY, an individual, Plaintiff, v. TRUSTEES OF THE DELTA STAR EMPLOYEE STOCK OWNERSHIP PLAN; DELTA STAR, INC., a Delaware corporation; JASON GREENE, an individual; and DOES 1 through 100, Defendants. On June 23, 2010, Plaintiff filed a motion for leave to file the Second Amended Complaint. Defendants, after reviewing the motion, have decided that they will not oppose the filing of the Second Amended Complaint (concurrently filed herewith) provided, however, that Plaintiff stipulates to reopening of his deposition for purposes of questioning him regarding the new facts of the Second Amended Complaint. Plaintiff has agreed to stipulate to reopening his deposition for this limited purpose. In addition, in light of the fact the Plaintiff received the Summary Plan Description the night prior to the deposition of Jason Greene, Defendants also agree to stipulate to reopening the deposition of Jason Greene for the purpose of questioning him regarding the new factual allegations of the Second Amended Complaint that relate to the Summary Plan Description. /././ 1 CASE NO. CV-09-2952 TEH STIPULATION FOR PLAINTIFF TO FILE SECOND AMENDED COMPLAINT Complaint Filed: June 30, 2009 Trial Date: February 15, 2011

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{00172300.DOC}

STIPULATION TO FILE SECOND AMENDED COMPLAINT

Case No. CV-09-2952 TEH
Dockets.Justia.com

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BUTTERFIELD SCHECHTER LLP

For good cause showing, Plaintiff and Defendants request that the Court grant this Stipulation for filing of the Second Amended Complaint. DATED: July 6, 2010 BUTTERFIELD SCHECHTERLLP

By: /s/ Marc S. Schechter MARC S. SCHECHTER SUSAN L. METER ELIZABETH M. SALES Attorneys for Plaintiff John Balsley DATED: July 6, 2010 DLA PIPER LLP

By:

/s/ Hope Ann Case HOPE ANN CASE MARGARET A. CRAWFORD Attorneys for Defendants

PURSUANT TO STIPULATION, IT IS SO ORDERED. 7 DATED: July ___, 2010

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STIPULATION TO FILE SECOND AMENDED COMPLAINT

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