Sender v. Franklin Resources Inc

Filing 237

AMENDED ORDER continuing certain pretrial dates re 235 Stipulation and Order. Signed by Judge Edward M. Chen on 6/10/16. (bpfS, COURT STAFF) (Filed on 6/10/2016)

1
2
3
4
5
6
7
8
9
10
11

CERA LLP
SOLOMON B. CERA (State Bar No. 99467)
C. ANDREW DIRKSEN (State Bar No. 197378)
LOUIS A. KESSLER (State Bar No. 243703)
595 Market Street, Suite 2300
San Francisco, California 94105
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
SHAPIRO SHER GUINOT & SANDLER, P.A.
PAUL M. SANDLER (Admitted Pro Hac Vice)
250 West Pratt Street, Suite 2000
Baltimore, Maryland 21201
Tel.: [phone]
Email: [e-mail]
Attorneys for Plaintiff

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

JOHN SENDER,

16
17

Plaintiff,
v.

18
19
20

FRANKLIN RESOURCES, INC., and
DOES 1-15,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 11-cv-3828 EMC

AMENDED

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CERTAIN
PRETRIAL DATES IN LIGHT OF
NOTICE OF SETTLEMENT
CONFERENCE AND SETTLEMENT
CONFERENCE ORDER

21
22

WHEREAS the parties to this litigation have been working diligently and cooperatively

23

to accomplish the multitude of pretrial tasks as set forth in the First Amended Case Management

24

and Pretrial Order for Jury Trial (ECF No. 146) as modified by subsequent stipulations and

25

orders extending certain of the deadlines (ECF Nos. 178, 219);

26
27

WHEREAS on June 7, 2016, the Court ordered the parties to participate in a settlement
conference with Chief Magistrate Judge Spero on June 13, 2016 beginning at 9:30 a.m.; and

28

1

1

WHEREAS by its Notice of Settlement Conference and Settlement Conference Order

2

(ECF No. 231) (the “Settlement Conference Order”) Chief Magistrate Judge Spero has ordered

3

all parties and lead trial counsel to appear at the June 13 settlement conference and the parties to

4

submit Settlement Conference Statements by 12:30 p.m. on June 10, 2016; and

5

WHEREAS to allow for the parties to comply with the order for the settlement

6

conference so that a meaningful settlement conference may be conducted they will be required to

7

spend significant time between the date and time of this Stipulation and the settlement

8

conference to prepare their submissions to the Chief Magistrate Judge, to consult with their

9

respective clients concerning the matters required to be addressed by the parties in response to

10

the Settlement Conference Order from Magistrate Judge Spero and otherwise prepare for the

11

settlement conference, and for certain of the required participants to travel from out of state to

12

participate in the settlement conference; and

13

WHEREAS the parties believe that the time required to prepare for and participate in the

14

settlement conference will make it difficult for them to complete certain pretrial tasks in the

15

timeframes previously ordered by the Court; and

16

WHEREAS the parties have met and conferred regarding the foregoing and agree that

17

under the circumstances there is good cause to request a short extension of certain of the pretrial

18

deadlines in light of the developments associated with the court-ordered settlement conference,

19

so that the parties can focus on settlement efforts over the next several days; and

20

WHEREAS the parties are not requesting any continuance of the August 15, 2016 trial

21

date or July 19, 2016 pre-trial conference set forth in the Court’s October 19, 2015 First

22

Amended Case Management and Pretrial Order (ECF No. 146);

23

THEREFORE, good cause existing, IT IS HEREBY STIPULATED AND AGREED, by

24

and between the parties hereto, through their counsel of record, that they jointly request a

25

modification of certain pretrial deadlines, and respectfully request the Court to adopt the

26

following new deadlines:

27
28

1.

The Parties respectfully request that the deadline for completion of expert

discovery be extended from June 24, 2016 to July 1, 2016;

2

1
2
3
4
5

2.

The Parties respectfully request that the deadline for the filing of motions in

limine be extended from June 17, 2016 to June 21, 2016;
3.

The Parties respectfully request that the deadline to oppose motions in limine be

extended from June 24, 2016 to June 28, 2016; and
4.

The Parties respectfully request that the deadline to submit the pretrial conference

6

statement and related documents be extended from June 28, 2016 to July 5, 2016.

7

Dated: June 8, 2016

8

By: /s/Solomon B. Cera
Solomon B. Cera

9
10
11

CERA LLP

– and –
Dated: June 8, 2016

SHAPIRO SHER GUINOT & SANDLER, P.A.

12

15

By: /s/Paul M. Sandler
Paul M. Sandler (Admitted Pro Hac Vice)
250 West Pratt Street, Suite 2000
Baltimore, Maryland 21201
Tel.: [phone]

16

Attorneys for Plaintiff

13
14

17
18

Dated: June 8, 2016

By: /s/Steven J. Johnson
Steven J. Johnson
1881 Page Mill Road
Palo Alto, CA 94304-1211
Tel: [phone]
Fax: [phone]

19
20
21
22
23
24
25
26

GIBSON, DUNN & CRUTCHER LLP

Dated: June 8, 2016

TRUCKERHUSS
By: /s/R. Bradford Huss
R. Bradford Huss (SBN #71303)
One Embarcadero Center, 12th Floor
San Francisco, CA 94111
Tel: [phone]

27
28

Attorneys for Defendant
Franklin Resources, Inc.
3

1
2

I attest that I have obtained Mr. Johnson’s, Mr. Huss’s, and Mr. Sandler’s concurrence in
the filing of this document.
[PROPOSED ORDER]

3
4

PURSUANT TO STIPULATION, the following deadlines are extended as indicated: (1)

5

the date to complete expert discovery is extended from June 24, 2016 to July 1, 2016; (2) the

6

date for filing of motions in limine is extended from June 17, 2016 to June 21, 2016; (3) the date

7

to file oppositions to motions in limine is extended from June 24, 2016 to June 28, 2016; and (4)

8

the date for submission of the pretrial conference statement and related documents is extended

9

from June 28, 2016 to July 5, 2016.
IT IS SO ORDERED.

18

ER

R NIA

Chen

FO

dw
Judge E

H

17

RT

16

DIFIED

AS MO

ard M.

NO

15

IT

LI

14

____________________________________
Edward M. Chen
ERED
United States District Judge
O ORD
IS S

UNIT
ED

13

Dated: June 10 2016
__,

RT
U
O

12

S

11

S DISTRICT
TE
C
TA

A

10

June 30, 2016. Motions in limine shall be
limited to 5 per side.

N

F
D IS T IC T O
R

C

19
20
21
22
23
24
25
26
27
28

4