Blount et al v. Morgan Stanley Smith Barney LLC et al

Filing 137

ORDER granting 135 STIPULATION WITH PROPOSED ORDER Requesting Order to Change Dispositive Motion Hearing Date, Decl of Pl's Counsel filed by Jesse Blount, III. Reset Deadlines as to 82 MOTION for Summary Judgment . Motion Hearing reset for 8/16/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 6/28/2013. (beS, COURT STAFF) (Filed on 7/1/2013)

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DAN SIEGEL, SBN 56400
PETER HABERFELD, SBN 041723
SIEGEL & YEE
499 14th Street, Suite 300
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JESSE BLOUNT III
[Additional counsel, next page]

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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)
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vs.
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MORGAN STANLEY SMITH BARNEY
LLC., and JIM NIELSEN, as an individual, )
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Defendants.
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_____________________________ )
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JESSE BLOUNT III
Plaintiff,

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Case No. C11-02227-CRB (DMR)
STIPULATION REQUESTING
ORDER TO CHANGE DISPOSITIVE
MOTION HEARING DATE;
ATTACHED DECLARATION OF
PLAINTIFF’S COUNSEL IN
SUPPORT THEREOF, AND
[PROPOSED] ORDER
Civ. L.R. 6-2
Hon. Judge Charles R. Breyer

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Stipulation
EU1/ 51452244.2

and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2)
Blount et al. v. MSSB et al. (Case No. C11-02227-JCRB (DMR) 1

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DARYL S. LANDY, SBN 136288
SACHA M. STEENHOEK, SBN 253743
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, California 94105-1126
Telephone:
415.442.1000
Facsimile:
415.442.1001
MARK S. DICHTER, Admitted Pro Hac Vice
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, Pennsylvania 19103
Telephone: [phone]
Facsimile:
215.963.5001
Attorneys for Defendants
MORGAN STANLEY SMITH BARNEY LLC
and JIM NIELSEN

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Stipulation
EU1/ 51452244.2

and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2)
Blount et al. v. MSSB et al. (Case No. C11-02227-JCRB (DMR) 2

STIPULATION

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WHEREAS, on March 22, 2013, Defendants filed a Notice of Motion and Motion
for Summary Judgment and scheduled a hearing on the Motion for April 26, 2013;

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WHEREAS, on March 28, 2013, the parties filed a stipulation to extend Plaintiff’s

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time to oppose Defendants’ Motion and to change the date of the hearing on the Motion

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to June 21, 2013;

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WHEREAS, on June 19, 2013, this Court continued the Motion hearing and
rescheduled it to July 19, 2013;
WHEREAS, Plaintiff’s counsel Dan Siegel declares in the attached Declaration

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that he will be out of the state on July 19, 2013 and unavailable to attend the hearing on

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that date; and

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WHEREAS, the parties have mutually agreed that the next date on which both
the parties and the Court are available is Friday, August 16, 2013.

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Stipulation
EU1/ 51452244.2

and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2)
Blount et al. v. MSSB et al. (Case No. C11-02227-JCRB (DMR) 3

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THEREFORE, IT IS HEREBY STIPULATED, by and between the parties
through their respective attorneys of record, that the following schedule be set:
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The hearing date for the Motion for Summary Judgment will be

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postponed and rescheduled to August 16, 2013, or as soon thereafter as

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the Court may hear the Motion; and

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2.

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The parties request that if the Court does not grant the Motion for
Summary Judgment in its entirety, the Court schedule a case

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management conference ten days after the Court issues its order(s) on

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the Motion for Summary Judgment, or at a date thereafter as the Court

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selects, for the purpose of setting a trial date and pre-trial deadlines.

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Dated: June 20, 2013

SIEGEL& YEE

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By: /s/Peter Haberfeld

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Attorneys for Plaintiff
JESSE BLOUNT III

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Dated: June 20, 2013

MORGAN LEWIS & BOCKIUS LLP

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By: /s/Daryl S. Landy

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Attorneys for Defendants
MORGAN STANLEY SMITH BARNEY
LLC and JIM NIELSEN

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Stipulation
EU1/ 51452244.2

and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2)
Blount et al. v. MSSB et al. (Case No. C11-02227-JCRB (DMR) 4

ORDER

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IT IS HEREBY ORDERED THAT Good Cause appearing, the parties’ Stipulation
regarding the scheduling of the hearing date of Defendants’ Motion for Summary
Judgment and the case management conference is GRANTED as follows:
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August 16, 2013, or as soon thereafter as the Court may hear the Motion.

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The hearing date for Defendants’ Motion for Summary Judgment is

2.

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If the Court does not grant the Motion for Summary Judgment in its
entirety, it will schedule a case management conference ten days after the

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Court issues its order(s) on the Motion for Summary Judgment, or at a

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date thereafter as the Court selects, for the purpose of setting a trial date

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and pre-trial deadlines.

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DERED

O OR
_______________________________
IT IS S
Hon. Charles R. Breyer
United States District Court Judge
yer
s R. Bre
e Charle
Judg

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Dated: June 28, 2013

UNIT
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Stipulation
EU1/ 51452244.2

and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2)
Blount et al. v. MSSB et al. (Case No. C11-02227-JCRB (DMR) 5