International Union of Operating Engineers, Stationary Engineers Local 39 Pension Trust Fund v. The Bank of New York Mellon Corporation et al

Filing 36

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE (immediatley following hearing on motion to dismiss). Case Management Statement due by 12/8/2011. Initial Case Management Conference set for 12/15/2011 08:00 AM in Courtroom 8, 19th Floor, San Francisco. THERE WILL BE NO FURTHER CONTINUANCES WHATSOEVER. Signed by Judge William Alsup on 10/27/2011. (whasec, COURT STAFF) (Filed on 10/27/2011)

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BINGHAM MCCUTCHEN LLP
David M. Balabanian (SBN 37368)
[e-mail]
Frank Busch (SBN 258288)
Tarek Sorensen (SBN 261528)
Three Embarcadero Center
San Francisco, CA 94111-4067
Telephone: [phone]
Facsimile: 415.393.2286

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PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
Charles E. Davidow (Pro Hac Vice)
[e-mail]
Robyn F. Tarnofsky (Pro Hac Vice)
James J. Brennan (Pro Hac Vice)
Matthew J. Moses (Pro Hac Vice)
1285 Avenue of the Americas
New York, NY 10019-6064
Tel: [phone]
Fax: [phone]

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Attorneys for All Defendants

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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INTERNATIONAL UNION OF
OPERATING ENGINEERS LOCAL 39
STATIONARY ENGINEERS,
individually and on behalf of all others
similarly situated,
Plaintiff,

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No. 3:11-CV-03620-WHA
STIPULATION AND [PROPOSED] ORDER
FOR RELIEF FROM CASE MANAGEMENT
SCHEDULE
Judge:

Hon. William H. Alsup

v.
THE BANK OF NEW YORK MELLON
CORPORATION, THE BANK OF NEW
YORK MELLON, THE BANK OF NEW
YORK COMPANY, INC., THE BANK
OF NEW YORK, and THE BANK OF
NEW YORK MELLON TRUST
COMPANY, NATIONAL
ASSOCIATION,

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Defendants.
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STIPULATION AND [PROPOSED] ORDER FOR RELIEF FROM CASE MANAGEMENT SCHEDULE

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WHEREAS, Plaintiff filed a Class Action Complaint against Defendants on July 22, 2011
(Dkt. No. 1);
WHEREAS, on July 22, 2011, this action was assigned to the Alternative Dispute

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Resolution (ADR) Multi-Option Program and the parties were ordered to file an ADR

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certification and either a stipulation to ADR process or notice of need for ADR phone conference

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by December 29, 2011; file a Rule 26(f) report, complete initial disclosures or state objections in

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the Rule 26(f) report, and file a case management statement by January 12, 2012; and to attend an

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initial case management conference on January 19, 2012 (Dkt. No. 2);

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WHEREAS, on September 21, 2011, the clerk noticed the Initial Case Management

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Conference for November 17, 2011 and directed the parties to submit a joint case management

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conference statement seven days prior, but noted that all other deadlines in the July 22, 2011

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ADR scheduling order remain in effect (Dkt. No. 14);

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WHEREAS, on October 7, 2011, Defendants filed a Notice of Motion and Motion to

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Dismiss the Class Action Complaint with a hearing date of November 17, 2011, or as soon

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thereafter as may be heard (Dkt. Entry 28);

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WHEREAS, on October 18, 2011, the court approved the parties’ stipulation moving the

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hearing date for Defendants’ Motion to Dismiss from November 17, 2011 to December 15, 2011

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(Dkt. Entry 34);

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WHEREAS, certain of the attorneys representing Plaintiff and Defendants practice in

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New York, New York and Washington, District of Columbia, and can best represent their client

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by appearing in person for both events; and

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WHEREAS, the hearing on the motion to dismiss may clarify certain case management
issues, allowing for a more productive conference.
IT IS HEREBY STIPULATED, pursuant to Civil Local Rule 16-2, that the parties to the

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above-referenced action agree and respectfully request that this Court order that the date of the

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Initial Case Management Conference be postponed until December 15, 2011, to occur following

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argument on the motion to dismiss.

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--2-STIPULATION AND [PROPOSED] ORDER FOR RELIEF FROM CASE MANAGEMENT SCHEDULE

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The proposed revised case management schedule is as follows:

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Date
7/22/2011

Event
Complaint filed

11/23/2011

Last day to:
• meet and confer re: initial disclosures, early
settlement, ADR process selection, and discovery
plan
• file ADR Certification signed by Parties and
Counsel
• file either Stipulation to ADR Process or Notice
of Need for ADR Phone Conference

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12/8/2011

Last day to submit a joint case management conference
statement and complete initial disclosures

12/15/2011

Initial Case Management Conference (CMC) in
Courtroom 8, San Francisco following argument of the
Motion to Dismiss

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Governing Rule

F. R. Civ. P. 26(f) &
ADR L.R.3-5
Civil L.R. 16-8 (b) &
ADR L.R. 3-5(b)
Civil L.R. 16-8 (c) &
ADR L.R. 3-5(b) &
(c)
F. R. Civ. P. 26(a) (1)
Civil L.R . 16-9
Civil _L.R. 16-10

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This relief would not require any other changes in the ADR process or schedule in the case.

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Dated: October 26, 2011

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PAUL, WEISS, RIFKIND,WHARTON & GARRISON LLP
By:

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Charles E. Davidow
Attorneys for All Defendants

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/s/ Charles E. Davidow

Dated: October 26, 2011

HAUSFELD LLP
By:

/s/ Michael P. Lehmann
Michael P. Lehmann
Attorneys for Plaintiff

Attestation: The filer of this document attests that the concurrence of the other signatories
thereto has been obtained.
/s/ Frank Busch

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--3-STIPULATION AND [PROPOSED] ORDER FOR RELIEF FROM CASE MANAGEMENT SCHEDULE

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PURSUANT TO STIPULATION, IT IS SO ORDERED

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The case management conference shall immediately follow hearing on motion to dismiss.
PLEASE NOTE THERE WILL BE NO MORE CONTINUANCES.
Dated: October 27 , 2011

ER

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Judge W

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Hon. William H. Alsup
United States District Judge
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UNIT
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--4-STIPULATION AND [PROPOSED] ORDER FOR RELIEF FROM CASE MANAGEMENT SCHEDULE