Falcone v. DLA Piper US LLP Profit Sharing and 401(K) Savings Plan Committee et al

Filing 46

***FILED IN ERROR PLEASE SEE # 47***STIPULATION AND ORDER TO CONTINUE CASE MANAGMENT DEADLINES AS MODIFIED BY THE COURT. Jury Selection set for 9/12/2011 09:00 AM in Courtroom 3, 17th Floor, San Francisco. Jury Trial set for 9/12/2011 09:00 AM in Co urtroom 3, 17th Floor, San Francisco. Pretrial Conference set for 9/1/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 11/10/10. (cl, COURT STAFF) (Filed on 11/10/2010) Modified on 11/10/2010 (cl, COURT STAFF).

*E-Filed 11/10/10* 1 2 3 4 5 6 7 8 9 10 11 Trucker Huss A Professional Corporation 100 Montgomery Street, 23rd Floor San Francisco, California 94104 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT DEADLINES; Case No. C09-05555 RS
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R. Bradford Huss, SBN 71303 Clarissa A. Kang, SBN 210660 Michelle L. Schuller, SBN 255787 TRUCKER HUSS A Professional Corporation 100 Montgomery Street, 23rd Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] [e-mail] [e-mail] Attorneys for DLA Piper LLP (US) Profit Sharing and 401(k) Savings Plan Committee, Carol Buss, Lawrence A. Robins and Bank of Oklahoma, N.A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RICHARD FALCONE, Plaintiff, vs. DLA PIPER US LLP PROFIT SHARING AND 401(K) SAVINGS PLAN COMMITTEE; CAROL BUSS; LAWRENCE A. ROBINS; BANK OF OKLAHOMA, N.A.; and DOES 1-100, Defendants. Case No. C09-05555 RS STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT DEADLINES

Plaintiff RICHARD FALCONE ("Plaintiff") and Defendants DLA PIPER US LLP PROFIT SHARING AND 401(K) SAVINGS PLAN COMMITTEE, CAROL BUSS, LAWRENCE A. ROBINS and BANK OF OKLAHOMA, N.A. ("Defendants") hereby stipulate, by and through their respective counsel, to continue the case management deadlines set by the Court's April 8, 2010 Case Management Scheduling Order (Docket #26) by approximately sixty days. The parties agree and respectfully request that the deadline for the following case management events set by the Case Management Scheduling Order be rescheduled as follows:

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1 2 3 4 5 6 7 8 9 10 11 Trucker Huss A Professional Corporation 100 Montgomery Street, 23rd Floor San Francisco, California 94104 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Non-Expert Discovery Completion Expert Witnesses ­ Plaintiff's disclosure of expert testimony and reports (Fed. R. Civ. P. 26(a)(2)) Expert Witnesses ­ Defendants' disclosure of expert testimony and reports (Fed. R. Civ. P. 26(a)(2)) Expert Witnesses - expert 2/15/11 witness discovery completion Pretrial Motions ­ deadline to hear Joint Pretrial Statement Due Pretrial Conference Trial Date 6/30/11 7/11/11 6/16/11 3/21/11 5/20/11 5/19/2011 8/15/11 8/18/2011 8/29/11 9/1/2011 at 10:00 a.m. 9/9/11 9/12/2011 at 9:00 a.m. 4/15/11 2/1/11 4/1/11 1/18/11 3/18/11 Event Deadline Set by Case Management Scheduling Order 11/30/10 [Proposed] Continued Date

1/28/11

The parties respectfully make this request because the parties believe that an approximately 60-day extension is mutually convenient for all counsel and parties. Extending the above case management deadlines for this period will provide all parties with sufficient time to propound additional discovery requests, respond to all discovery requests, and take depositions.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT DEADLINES; Case No. C09-05555 RS
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1 2 3 4 5 6 7 8 9 10 11 Trucker Huss A Professional Corporation 100 Montgomery Street, 23rd Floor San Francisco, California 94104 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The parties have made four previous modifications to the case through (1) the Stipulation re Extension of Time to Respond to the Complaint (Docket #3); (2) the March 15, 2010 Stipulation re Extension of Time for Defendants to Respond to the Amended Complaint (Docket # 19); (3) the March 24, 2010 Stipulation re Extension of Time for Defendants to Respond to the Amended Complaint (Docket # 22); and (4) the Stipulation to Continue Deadline to Complete ADR to July 22, 2010 (Docket #39). As noted in the chart above, the parties' current request for a continuance of case management deadlines will alter deadlines set by the Court's April 8, 2010 Case Management Scheduling Order. DATED: November 8, 2010 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. By: /s/ Nina Wasow________________________ Nina Wasow Attorneys for Plaintiff Richard Falcone DATED: November 8, 2010 TRUCKER HUSS By: /s/ Clarissa A. Kang Clarissa A. Kang Attorneys for Defendants DLA Piper LLP (US) Profit Sharing and 401(k) Savings Plan Committee, Carol Buss, Lawrence A. Robins and Bank of Oklahoma, N.A. I attest that my firm has obtained Ms. Wasow's concurrence in the filing of this document. DATED: November 8, 2010 By: /s/ Clarissa A. Kang Clarissa A. Kang

PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED

11/10/10

RICHARD SEEBORG United States District Court Judge

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT DEADLINES; Case No. C09-05555 RS
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