The New United Motor Manufacturing, Inc./UAW Hourly Defined Benefit Plan et al v. Administrative Committee For The New United Motor Manufacturing, Inc./UAW Hourly Defined Benefit Plan et al

Filing 31

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE TO JUNE 24, 2010, AT 11:00 A.M. Signed by Judge William Alsup on 6/16/2010. (whasec, COURT STAFF) (Filed on 6/16/2010)

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ISRAEL GOLDOWITZ Chief Counsel CHARLES L. FINKE Deputy Chief Counsel MICHAEL C. MILLER Assistant Chief Counsel SARA EAGLE (SE 7044) LORI BUTLER (LB 2349) Attorneys PENSION BENEFIT GUARANTY CORPORATION 1200 K STREET, N.W., SUITE 340 WASHINGTON, D.C. 20005 Telephone: [phone], ext. 3881 Facsimile: [phone] Email: [e-mail] and [e-mail] Attorneys for Plaintiff PENSION BENEFIT GUARANTY CORPORATION Ray C. Schrock (Pro Hac Vice)* [e-mail] KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022 Telephone: [phone] Facsimile: [phone] Mark E. McKane (230552) [e-mail] KIRKLAND & ELLIS LLP 555 California Street San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant NEW UNITED MOTOR MANUFACTURING, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION PENSION BENEFIT GUARANTY CORPORATION, ) ) ) ) Plaintiff, ) ) vs. ) ) ADMINISTRATIVE COMMITTEE FOR THE NEW UNITED MOTOR MANUFACTURING, ) INC./UAW HOURLY DEFINED BENEFIT PLAN, ) SAVINGS AND RETIREMENT COMMITTEE, et ) al. ) Defendants. )
* Admitted to practice only in Illinois 1

CASE NO. CV-10-0898 WHA STIPULATED JOINT MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE SET FOR JUNE 17, 2010 AT 11:00 A.M. AND [PROPOSED] ORDER Date: Time: Courtroom: Judge: June 17, 2010 11:00 a.m. 9 Hon. William H. Alsup
Case No. CV-10-0898 WHA

STIPULATED MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE

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Plaintiff Pension Benefit Guarantee Corporation ("PBGC") and Defendant New United Motor Manufacturing, Inc., for itself and all other defendants, ("NUMMI"), through their undersigned counsel of record, jointly move pursuant to Local Rule 16-2(d) for an order to continue the June 17, 2010 Case Management Conference until July 8, 2010 at 11:00 a.m. The parties have been engaged in extensive negotiations and believe they will have a documented resolution in the next few days, and hope shortly to seek a stay of the litigation. The parties have waited until they are comfortable representing that a resolution is forthcoming to asked the court for a postponement. The PBGC is a government agency located only in Washington, D.C. PBGC's counsel will require three days of travel. It would be most beneficial to the case if PBGC's counsel could use the three days of travel time to finalize the settlement. Moreover, postponing the hearing would save the government significant travel expense.

DATED: June 15, 2010

Respectfully submitted, PENSION BENEFIT GUARANTY CORPORATION By: /s/ Sara Eagle Sara Eagle

ISRAEL GOLDOWITZ Chief Counsel CHARLES L. FINKE Deputy Chief Counsel MICHAEL C. MILLER Assistant Chief Counsel SARA EAGLE (SE 7044) LORI BUTLER (LB 2349) Attorneys PENSION BENEFIT GUARANTY CORPORATION 1200 K STREET, N.W., SUITE 340 WASHINGTON, D.C. 20005 Telephone: [phone], ext. 3881 Facsimile: [phone] Email: [e-mail] and [e-mail] Attorneys for Plaintiff PENSION BENEFIT GUARANTY CORPORATION

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Case No. CV-10-0898 WHA

STIPULATED MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE

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KIRKLAND & ELLIS LLP By: /s/ Mark E. McKane Mark E. McKane

Ray C. Schrock (Pro Hac Vice) [e-mail] KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022 Telephone: [phone] Facsimile: [phone] Mark E. McKane (230552) [e-mail] KIRKLAND & ELLIS LLP 555 California Street San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant NEW UNITED MOTOR MANUFACTURING, INC.

[PROPOSED] ORDER Pursuant to parties' Stipulated Joint Motion and for good cause shown, IT IS HEREBY ORDERED that the Case Management Conference currently scheduled for June 17, 2010 at 11:00 June 24, 2010, at 11:00 a.m. a.m. is continued to July 8, 2010 at 11:00 a.m. PURSUANT TO STIPULATION, IT IS SO ORDERED.
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Case No. CV-10-0898 WHA

STIPULATED MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE

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E-FILING ATTESTATION I, Mark E. McKane, am the ECF User whose ID and password are being used to file this document. In compliance with General Order 45 X.B, I hereby attest that the signatory

identified below has concurred in this filing.

/s/ Mark E. McKane Mark E. McKane Attorneys for Defendant New United Motor Manufacturing, Inc. PENSION BENEFIT GUARANTY CORPORATION By: /s/ Sara Eagle Sara Eagle ISRAEL GOLDOWITZ Chief Counsel CHARLES L. FINKE Deputy Chief Counsel MICHAEL C. MILLER Assistant Chief Counsel SARA EAGLE (SE 7044) LORI BUTLER (LB 2349) Attorneys 1200 K STREET, N.W., SUITE 340 WASHINGTON, D.C. 20005 Telephone: [phone], ext. 3881 Facsimile: [phone] Counsel for Plaintiff Pension Benefit Guaranty Corporation

Case No. CV-10-0898 WHA STIPULATED MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE

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CERTIFICATE OF SERVICE I hereby certify that on June 15, 2010, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses registered, as denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the foregoing documents or papers via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List. STIPULATED MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE SET FOR JUNE 17, 2010 AT 11:00 A.M. AND [PROPOSED] ORDER /s/ Mark E. McKane Mark E. McKane

Case No. CV-10-0898 WHA STIPULATED MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE