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

Filing 81

ORDER granting 80 STIPULATION WITH PROPOSED ORDER Stipulation and Proposed Order re Dispositive Motion Deadline filed by Jim Nielsen, Morgan Stanley Smith Barney LLC. Dispositive motions due by 3/22/2013. Signed by Judge Charles R. Breyer on 1/3/2013. (beS, COURT STAFF) (Filed on 1/4/2013)

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DAN SIEGEL, SBN 56400
PETER HABERFELD, SBN 041723
VYLMA ORTIZ, SBN 188298
SIEGEL & YEE
499 14th Street, Suite 220
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
JESSE BLOUNT III,
STEVE PARKER,
and TIFFANY PEREZ

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[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, STEVE PARKER, and
TIFFANY PEREZ,

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Plaintiffs,

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vs.
MORGAN STANLEY SMITH BARNEY
LLC., and JIM NIELSEN, as an individual,

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Defendants.
_____________________________

) Case No. C11-02227-CRB (DMR)
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) STIPULATION AND ORDER RE:
) DISPOSITIVE MOTION DEADLINES
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STIPULATION AND [PROPOSED] ORDER RE: DISPOSITIVE MOTION DEADLINES, Case
No. C11-02227-CRB (DMR)

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L. JULIUS M. TURMAN, SBN 226126
SACHA M. STEENHOEK, SBN 253743
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
DARYL S. LANDY, SBN 136288
MORGAN, LEWIS & BOCKIUS LLP
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, CA 94306
Tel: [phone]
Fax: [phone]
Email: [e-mail]
MARK S. DICHTER, Pro Hac Vice
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants
MORGAN STANLEY SMITH BARNEY LLC and JIM NIELSEN

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STIPULATION AND [PROPOSED] ORDER RE: DISPOSITIVE MOTION DEADLINES, Case
No. C11-02227-CRB (DMR)

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STIPULATION

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WHEREAS, Plaintiffs filed the initial Complaint in this action on May 6, 2011;

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WHEREAS, discovery concluded by agreement between the parties on November 19,

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2012, and the parties completed the last deposition on November 12, 2012;
WHEREAS, on December 18, 2012, the parties filed a Stipulation and Proposed Order
Granting Parties’ Request to Refer Case to Private ADR, and on December 19, 2012, this Court
signed the Proposed Order;
WHEREAS, pursuant to the Stipulation regarding private ADR, the parties have agreed

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to participate in a private mediation session to occur on February 20, 2013;
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WHEREAS, in the event the mediation is unsuccessful, the parties wish to establish a
deadline for filing and hearing dispositive motions and a procedure for scheduling trial, if
necessary.
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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1. Dispositive motions, if any, must be filed by no later than March 22, 2013;

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2. In accordance with Civil Local Rule 7-2, any such motions must be filed, served

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and noticed in writing on this Court’s motion calendar for hearing no less than

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thirty-five days after service of the motion, but in no event later than April 26,

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2013, or as soon thereafter as the Court may hear the motion.

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3. If mediation or dispositive motions do not resolve this action in its entirety, the

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parties request that the Court schedule a case management conference ten days

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after the Court issues its order(s) on the dispositive motion(s), or at a date

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

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deadlines.

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STIPULATION AND [PROPOSED] ORDER RE: DISPOSITIVE MOTION DEADLINES, Case
No. C11-02227-CRB (DMR)

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Dated: December 20, 2012

SIEGEL& YEE

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By: /s/ Peter Haberfeld
(as authorized on 12/20/2012)
Attorneys for Plaintiffs
JESSE BLOUNT III, STEVE PARKER
And TIFFANY PEREZ

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Dated: December 20, 2012

MORGAN LEWIS & BOCKIUS LLP
By: /s/Daryl S. Landy
Attorneys for Defendants
MORGAN STANLEY SMITH BARNEY
LLC and JIM NIELSEN

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STIPULATION AND [PROPOSED] ORDER RE: DISPOSITIVE MOTION DEADLINES, Case
No. C11-02227-CRB (DMR)

ORDER

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IT IS HEREBY ORDERED THAT Good Cause appearing, the parties' Stipulation
regarding the scheduling of dispositive motions deadlines, dispositive motion hearing, and trial
setting conference is GRANTED as follows:
1. Dispositive motions, if any, must be filed by no later than March 22, 2013;

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2. In accordance with Civil Local Rule 7-2, any such motions must be filed, served
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and noticed in writing on this Court’s motion calendar for hearing no less than

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thirty-five days after service of the motion, but in no event later than April 26,

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2013, or as soon thereafter as the Court may hear the motion.

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3. If mediation or dispositive motions do not resolve this action in its entirety, the

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Court will schedule a case management conference ten days after the Court issues

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its order(s) on the dispositive motion(s), 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: January 3, 2013

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STIPULATION AND [PROPOSED] ORDER RE: DISPOSITIVE MOTION DEADLINES, Case
No. C11-02227-CRB (DMR)