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

Filing 143

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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1 2 3 4 5 6 7 8 9 10 11 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] 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 13 14 15 16 17 JESSE BLOUNT III Plaintiff, 18 vs. 19 MORGAN STANLEY SMITH BARNEY LLC., and JIM NIELSEN, as an individual, 20 21 22 Defendants. _____________________________ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 23 24 25 26 27 28 EU1/ 51763587.1 Stipulation and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2) C11-02227-JCRB (DMR) 1 1 2 3 4 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 5 6 Attorneys for Plaintiff JESSE BLOUNT III 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EU1/ 51763587.1 Stipulation and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2) C11-02227-JCRB (DMR) 2 STIPULATION 1 WHEREAS, on March 22, 2013, Defendants filed a Notice of Motion and Motion for 2 3 Summary Judgment and scheduled a hearing on the Motion for April 26, 2013; 4 WHEREAS, on March 28, 2013, the parties filed a stipulation to extend Plaintiff’s time 5 6 7 8 9 10 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 11 12 13 14 15 16 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; 17 18 WHEREAS, Defendants’ counsel Daryl Landy declares in the attached Declaration that 19 Morgan Stanley Smith Barney’s company representative will be out of the State on September 20 27, 2013 and unavailable to attend the hearing on that date; and 21 WHEREAS, the parties have mutually agreed that the next date on which both the parties 22 and the Court are available is Friday, October 11, 2013. 23 24 25 26 27 28 EU1/ 51763587.1 Stipulation and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2) C11-02227-JCRB (DMR) 3 1 2 3 THEREFORE, IT IS HEREBY STIPULATED, by and between the parties through their respective attorneys of record, that the following schedule be set: 1. 4 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 5 the Motion; and 6 7 2. The parties request that if the Court does not grant the Motion for Summary 8 Judgment in its entirety, the Court schedule a case management conference ten 9 days after the Court issues its order(s) on the Motion for Summary Judgment, 10 or at a date thereafter as the Court selects, for the purpose of setting a trial date 11 and pre-trial deadlines. 12 13 14 Dated: September 16, 2013 15 MORGAN LEWIS & BOCKIUS LLP By: /s/Daryl S. Landy 16 Attorneys for Defendants MORGAN STANLEY SMITH BARNEY LLC and JIM NIELSEN 17 18 19 Dated: September 16, 2013 SIEGEL& YEE 20 21 By: /s/Dan Siegel as approved September 16, 2013 Attorneys for Plaintiff JESSE BLOUNT III 22 23 24 25 26 27 28 EU1/ 51763587.1 Stipulation and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2) C11-02227-JCRB (DMR) 4 ORDER 1 2 3 4 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: 5 6 1. October 11, 2013. 7 8 The hearing date for Defendants’ Motion for Summary Judgment is continued to 2. 9 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 10 order(s) on the Motion for Summary Judgment, or at a date thereafter as the Court 11 selects, for the purpose of setting a trial date and pre-trial deadlines. 12 UNIT ED Dated: September 16, 2013 S DISTRICT TE C TA RT U O 16 17 NO RT ER 20 21 A H 19 LI 18 yer s R. Bre harle Judge C R NIA _______________________________ Hon. Charles R. Breyer ERED O ORD United States District Court Judge IT IS S 15 FO 14 S 13 N F D IS T IC T O R C 22 23 24 25 26 27 28 EU1/ 51763587.1 Stipulation and [Proposed] Order re: Dispositive Motion Hearing Date (Civ. L. R. 6-2) C11-02227-JCRB (DMR) 5

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