Blount et al v. Morgan Stanley Smith Barney LLC et al
Filing
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ORDER granting 142 STIPULATION WITH PROPOSED ORDER TO CHANGE DISPOSITIVE MOTION HEARING DATE filed by Jim Nielsen, et al. Reset Hearing as to 82 MOTION for Summary Judgment </i SJ Motion Hearing reset for 10/11/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco before Hon. Charles R. Breyer. Signed by Judge Charles R. Breyer on 9/16/2013. (beS, COURT STAFF) (Filed on 9/17/2013)
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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: 215.963.5000
Facsimile:
215.963.5001
Attorneys for Defendants
MORGAN STANLEY SMITH BARNEY LLC
and JIM NIELSEN
[Additional counsel, next page]
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JESSE BLOUNT III
Plaintiff,
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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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Case No. C11-02227-CRB (DMR)
STIPULATION REQUESTING ORDER
TO CHANGE DISPOSITIVE MOTION
HEARING DATE; ATTACHED
DECLARATION OF DEFENDANTS’
COUNSEL IN SUPPORT THEREOF, AND
ORDER
Civ. L.R. 6-2
Hon. Judge Charles R. Breyer
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EU1/ 51763587.1
Stipulation and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2)
C11-02227-JCRB (DMR)
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DAN SIEGEL, SBN 56400
PETER HABERFELD, SBN 041723
SIEGEL & YEE
499 14th Street, Suite 300
Oakland, CA 94612
Telephone: (510) 839-1200
Facsimile: (510) 444-6698
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Attorneys for Plaintiff
JESSE BLOUNT III
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EU1/ 51763587.1
Stipulation and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2)
C11-02227-JCRB (DMR)
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STIPULATION
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WHEREAS, on March 22, 2013, Defendants filed a Notice of Motion and Motion for
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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 time
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to oppose Defendants’ Motion and to change the date of the hearing on the Motion to June 21,
2013;
WHEREAS, on June 19, 2013, this Court continued the Motion hearing and rescheduled
it to July 19, 2013;
WHEREAS, Plaintiff’s counsel was not available for hearing on July 19, 2013, and as a
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result the Parties stipulated to continue the motion hearing to August 16, 2013;
WHEREAS, on August 14, 2013, this Court continued the Motion hearing and
rescheduled it to September 6, 2013;
WHEREAS, on September 4, 2013, this Court continued the Motion hearing and
rescheduled it to September 27, 2013;
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WHEREAS, Defendants’ counsel Daryl Landy declares in the attached Declaration that
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Morgan Stanley Smith Barney’s company representative will be out of the State on September
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27, 2013 and unavailable to attend the hearing on that date; and
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WHEREAS, the parties have mutually agreed that the next date on which both the parties
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and the Court are available is Friday, October 11, 2013.
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EU1/ 51763587.1
Stipulation and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2)
C11-02227-JCRB (DMR)
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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 postponed and
rescheduled to October 11, 2013, or as soon thereafter as the Court may hear
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the Motion; and
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2.
The parties request that if the Court does not grant the Motion for Summary
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Judgment in its entirety, the Court schedule a case management conference ten
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days after the Court issues its order(s) on the Motion for Summary Judgment,
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or at a 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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Dated: September 16, 2013
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MORGAN LEWIS & BOCKIUS LLP
By: /s/Daryl S. Landy
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Attorneys for Defendants
MORGAN STANLEY SMITH BARNEY
LLC and JIM NIELSEN
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Dated: September 16, 2013
SIEGEL& YEE
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By: /s/Dan Siegel
as approved September 16, 2013
Attorneys for Plaintiff
JESSE BLOUNT III
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EU1/ 51763587.1
Stipulation and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2)
C11-02227-JCRB (DMR)
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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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1.
October 11, 2013.
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The hearing date for Defendants’ Motion for Summary Judgment is continued to
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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 Court issues its
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order(s) on 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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UNIT
ED
Dated: September 16, 2013
S DISTRICT
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yer
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Judge C
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Hon. Charles R. Breyer ERED
O ORD
United States District Court Judge
IT IS S
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Stipulation and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2)
C11-02227-JCRB (DMR)
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