Graham v. AT&T Pension Benefit Plan - Non-Bargained Program et al

Filing 34

THIRD STIPULATION AND ORDER to Extend the Deadline for Parties to Hold an Early Neutral Evaluation. Signed by Judge Thelton E. Henderson on 03/07/2012. (tmi, COURT STAFF) (Filed on 3/7/2012)

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PATRICK W. SHEA (NY SB# 4587176), Pro Hac Vice
[e-mail]
PAUL HASTINGS LLP
75 East 55th Street
First Floor
New York, NY 10022
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
AT&T PENSION BENEFIT PLAN - NONBARGAINED PROGRAM and AT&T, INC.
ROGER P. ROZEK (SB# 214353)
[e-mail]
MARIN LEGAL, PC
363 Marin Avenue
Mill Valley, CA 94941
Telephone: [phone]
Facsimile: [phone]

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Attorney for Plaintiff
WILLIAM GRAHAM

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Additional Counsel Listed on the Next Page

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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WILLIAM GRAHAM,
Plaintiff,

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vs.
AT&T PENSION BENEFIT PLAN NONBARGAINED PROGRAM; AT&T,
INC.; and DOES 1-10,
Defendants.

CASE NO. 11-CV-4085 TEH
THIRD STIPULATION TO EXTEND THE
DEADLINE FOR PARTIES TO HOLD AN
EARLY NEUTRAL EVALUATION;
[PROPOSED] ORDER
[ADR L.R. 5-5]
Complaint Filed: August 15, 2011

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CASE NO. 11-CV-4085 TEH
LEGAL_US_W # 70750152.1

THIRD STIPULATION TO EXTEND DEADLINE
TO HOLD EARLY NEUTRAL EVALUATION;
[PROPOSED] ORDER

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STEPHEN H. HARRIS (SB# 184608)
[e-mail]
M’ALYSSA C. MECENAS (SB# 272075)
[e-mail]
PAUL HASTINGS LLP
515 South Flower Street
Twenty-Fifth Floor
Los Angeles, CA 90071-2228
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
AT&T PENSION BENEFIT PLAN - NONBARGAINED PROGRAM and AT&T, INC.

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CASE NO. 11-CV-4085 TEH

THIRD STIPULATION TO EXTEND DEADLINE
TO HOLD EARLY NEUTRAL EVALUATION;
[PROPOSED] ORDER

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Pursuant to ADR Local Rule 5-5 and Civil Local Rule 7, the Parties stipulate and jointly

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move for an order from the Court to move the Early Neutral Evaluation (“ENE”) deadline

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previously set for March 9, 2012 to April 16, 2012, and for relief from the deadlines associated

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with that conference.

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WHEREAS:

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1. On or about November 14, 2011, the Parties selected ENE for the resolution of this case.

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2. By order dated November 15, 2011, the Court previously scheduled ENE and set the deadline

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for the ADR session as 90 days from the date of the order, or February 13, 2012.
3. At the Parties’ preliminary ENE telephone conference held on January 23, 2012, the Parties

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and the ENE Evaluator discussed and agreed to extend the ENE to March 1, 2012 to

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accommodate the Parties’ schedules.

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4. By order dated January 30, 2012, the Court rescheduled the ENE deadline to March 1, 2012.

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5. The Parties reached an agreement in principle to settle, and wish to have more time to

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continue to finalize and document their agreement, prior to the ENE. Counsel for the

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Defendant spoke with the ENE Evaluator on February 23, 2012 about this rescheduling

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proposal, and the ENE Evaluator confirmed his consent to an extension.

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6. By order dated February 27, 2012, the Court rescheduled the ENE deadline to March 9, 2012.

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7. Due to scheduling conflicts and complexities that have arisen in documenting the settlement

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since the date of the court’s last ENE rescheduling order, the Parties request that the court

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extend the deadline to hold the ENE by 37 additional days so the Parties may confer and

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finalize and document their agreement prior to the ENE.

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8. Rescheduling the ENE will further the interests of judicial efficiency and conserve resources,

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as the settlement process may obviate the need for the ENE.

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//

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//

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//

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//
CASE NO. 11-CV-4085 TEH
LEGAL_US_W # 70750152.1

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THIRD STIPULATION TO EXTEND DEADLINE
TO HOLD EARLY NEUTRAL EVALUATION;
[PROPOSED] ORDER

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IT IS HEREBY STIPULATED by and between the parties hereto that the ENE be
rescheduled from March 9, 2012 to April 16, 2012.

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Dated: March 6, 2012

PAUL HASTINGS LLP

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By:

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Attorneys for Defendants
AT&T PENSION BENEFIT PLAN – NONBARGAINED
PROGRAM and AT&T, INC.

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/s/ Patrick W. Shea
PATRICK W. SHEA

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Dated: March 6, 2012

MARIN LEGAL, PC

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By:

/s/ Roger P. Rozek
ROGER P. ROZEK

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Attorney for Plaintiff
WILLIAM GRAHAM

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CASE NO. 11-CV-4085 TEH

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THIRD STIPULATION TO EXTEND DEADLINE
TO HOLD EARLY NEUTRAL EVALUATION;
[PROPOSED] ORDER

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED that the deadline for the Parties

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to hold an Early Neutral Evaluation (“ENE”) session is hereby rescheduled from March 9, 2012

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to April 16, 2012. All deadlines associated with that conference are hereby reset.

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03/07
DATED: __________, 2012

By:
HON. THELTON E. HENDERSON
United States District Court

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CASE NO. 11-CV-4085 TEH

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THIRD STIPULATION TO EXTEND DEADLINE
TO HOLD EARLY NEUTRAL EVALUATION;
[PROPOSED] ORDER