Solis v. Webb et al

Filing 38

STIPULATION AND ORDER RESETTING CMC AND MOTION HEARING TO 8/24/12, as to 35 MOTION to Dismiss Complaint, 37 STIPULATION WITH PROPOSED ORDER re 35 MOTION to Dismiss Complaint, 19 Case Management Scheduling Order, 32 MOTION to Dismiss (Re Consolidation of Hearing Dates for the Case Management Conference and Fidiam, Gallucci, Pa, 18 MOTION to Dismiss and Memorandum of Points and Authorities in Support Thereof, 32 MOTION to Dismiss . Motion Hearing set for 8/24/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 6/28/12. (bpf, COURT STAFF) (Filed on 6/28/2012)

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James P. Baker (SBN: 096302)
Emily L. Garcia (SBN: 267071)
BAKER & McKENZIE LLP
Two Embarcadero Center, 11th Floor
San Francisco, CA 94111-3802
Telephone: [phone]
Facsimile: [phone]
Email: jam
[e-mail]
em
[e-mail]
Attorneys for Defendants
MATHIEU FIDIAM, J. ROBERT GALLUCCI and
THE PARROT CELLULAR EMPLOYEE STOCK
OWNERSHIP PLAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HILDA L. SOLIS,
Secretary of the United States
Department of Labor,

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Plaintiff,
v.

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DENNIS WEBB, MATHIEU FIDIAM,
J. ROBERT GALLUCCI, CONSULTING
FIDUCIARIES, INC., and THE PARROT
CELLULAR EMPLOYEE STOCK
OWNERSHIP PLAN,

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Civil Action No. C 12-02055 EMC
STIPULATION AND [PROPOSED]
ORDER REGARDING
CONSOLIDATION OF HEARING
DATES FOR THE CASE
MANAGEMENT CONFERENCE AND
FIDIAM & GALLUCCI, PARROT
CELLULAR ESOP AND DENNIS
WEBB MOTIONS TO DISMISS

Defendants.

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[CIVIL L.R. 7-12]

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Baker & McKenzie LLP
Two Embarcadero Center,
11th Floor
San Francisco, CA 94111
[phone]

STIP. AND [PROPOSED] ORDER RE CONSOLIDATION OF
CMC AND HEARINGS ON MOTIONS TO DISMISS C

ASE NO

C 12-02055 EMC

RECITAL

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In accordance with the Court’s June 4, 2012 Case Management Conference Order in

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Reassigned Cases (“CMC Order”), a Case Management Conference is currently scheduled for

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August 10, 2012 at 9:00 a.m. in the above-referenced case. [Dkt. #19.]. The CMC Order also set the

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parties’ deadline for filing a joint case management conference statement at one week in advance of

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the case management conference date.
On May 29, 2012, Defendants Mathieu Fidiam and J. Robert Gallucci (“Fidiam & Gallucci”)

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filed a Motion to Dismiss Plaintiff’s Complaint and noticed their Motion for oral argument on

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July 6, 2012. [Dkt. #18.] On June 26, 2012, Defendant The Parrot Cellular ESOP Stock Ownership

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Plan1 (the “ESOP”) filed a Motion to Dismiss Plaintiff’s Complaint and noticed its Motion for

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August 10, 2012. [Dkt. #32.] Defendant Dennis Webb (“Webb”) filed both a Joinder in the

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Fidiam & Gallucci Motion to Dismiss [Dkt. #33] and his own Motion to Dismiss [Dkt. #35] on

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June 26, 2012. The hearing on Webb’s Motion is presently set for August 24, 2012.
STIPULATION

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1.

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The parties, through their undersigned counsel, have met and conferred and agree that

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it is in the interests of the parties and serves the interests of judicial economy to hold one hearing on

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the Case Management Conference and all of the pending Motions to Dismiss. Accordingly, the

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parties hereby request:
a.

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That the Case Management Conference and the Motions to Dismiss filed by

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Fidiam & Gallucci, the ESOP and Webb all be heard on August 24, 2012 at 1:30 p.m. in

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Courtroom 5, 17th Floor before the Honorable Edward M. Chen;
b.

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That the parties’ deadline for filing a joint Case Management Conference

Statement be set for August 17, 2012.

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Baker & McKenzie LLP
Two Embarcadero Center,
11th Floor
San Francisco, CA 94111
[phone]

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The Parrot Cellular Employee Stock Ownership Plan and Money Purchase Pension Plan was
erroneously named in the Complaint as the Parrot Cellular Employee Stock Ownership Plan.
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STIP. AND [PROPOSED] ORDER RE CONSOLIDATION OF
CMC AND HEARINGS ON MOTIONS TO DISMISS C

ASE NO

C 12-02055 EMC

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By entering into this Stipulation, none of the parties waive any procedural or

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substantive defenses, rights or objections, including, but not limited to the right to challenge personal

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jurisdiction over any particular Defendant.
Respectfully submitted,

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Dated: June 28, 2012

BAKER & McKENZIE LLP

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By: /s/ James P. Baker
James P. Baker
Emily L. Garcia
Attorneys for Defendants
MATHIEU FIDIAM, J. ROBERT
GALLUCCI and THE PARROT
CELLULAR EMPLOYEE STOCK
OWNERSHIP PLAN

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Dated: June 28, 2012

U.S. DEPARTMENT OF LABOR, PLAN
BENEFITS SECURITY DIVISION

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By: /s/ Glenn M. Loos
Glenn M. Loos
Eric C. Lund
Attorneys for Plaintiff
HILDA L. SOLIS

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Dated: June 28, 2012

TRUCKER HUSS APC

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By: /s/ R. Bradford Huss
R. Bradford Huss
Attorneys for Defendant
DENNIS WEBB

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Dated: June 28, 2012

WILSON ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

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By: /s/ Ralph W. Robinson
Ralph W. Robinson
Shivani Nanda
Attorneys for Defendant
CONSULTING FIDUCIARIES, INC.

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Baker & McKenzie LLP
Two Embarcadero Center,
11th Floor
San Francisco, CA 94111
[phone]

STIP. AND [PROPOSED] ORDER RE CONSOLIDATION OF
CMC AND HEARINGS ON MOTIONS TO DISMISS C

2
ASE NO

C 12-02055 EMC

[PROPOSED] ORDER

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It is hereby ORDERED that the Case Management Conference and oral argument on the

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Motions to Dismiss filed by Defendants Fidiam & Gallucci, the ESOP and Webb [Dkt. ##18, 32, and

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35] shall be heard on August 24, 2012 at 1:30 p.m. in Courtroom 5, 17th Floor and that the parties’

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joint case management conference statement is due on August 17, 2012.

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DERED

O OR
________________________________________
IT IS S
HON. EDWARD M. CHEN
UNITED STATES DISTRICT COURT JUDGE
hen
rd M. C
ge Edwa
Jud

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A

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6/28
Dated: _____________________, 2012

S DISTRICT
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O

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IT IS SO ORDERED.

UNIT
ED

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F
D IS T IC T O
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C

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Baker & McKenzie LLP
Two Embarcadero Center,
11th Floor
San Francisco, CA 94111
[phone]

STIP. AND [PROPOSED] ORDER RE CONSOLIDATION OF
CMC AND HEARINGS ON MOTIONS TO DISMISS C

3
ASE NO

C 12-02055 EMC

ATTESTATION CERTIFICATE

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In accordance with the Northern District of California’s General Order No. 45,

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Section X(B), I attest that concurrence in the filing of this document has been obtained from each of

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the other signatories who are listed on the signature page.

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Dated: June 28, 2012

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/s/ James P. Baker
James P. Baker

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BAKER & McKENZIE LLP
Two Embarcadero Center, 11th Floor
San Francisco, CA 94111-3802
Telephone: [phone]
Facsimile: (415)
576-3099

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Baker & McKenzie LLP
Two Embarcadero Center,
11th Floor
San Francisco, CA 94111
[phone]

STIP. AND [PROPOSED] ORDER RE CONSOLIDATION OF
CMC AND HEARINGS ON MOTIONS TO DISMISS C

4
ASE NO

C 12-02055 EMC

CERTIFICATE OF SERVICE
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I, Bobette M. Tolmer, declare as follows:

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I am over the age of eighteen years and not a party to the case. I am employed in the County
of San Francisco, State of California, where the mailing occurs; and my business address is
BAKER & McKENZIE LLP, Two Embarcadero Center, 11th Floor, San Francisco, California
94111-3802; 415 576 3000.

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On June 28, 2012, I served a copy of the within document(s):

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STIPULATION AND [PROPOSED] ORDER REGARDING CONSOLIDATION OF
HEARING DATES FOR THE CASE MANAGEMENT CONFERENCE AND FIDIAM &
GALLUCCI, PARROT CELLULAR ESOP AND DENNIS WEBB MOTIONS TO
DISMISS

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on the interested parties in this action by placing a true copy thereof enclosed in sealed envelopes
addressed as follows:

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Isabella Marie Finneman, Esq.
Office of the Solicitor,
United States Department of Labor
90 7th Street, Suite 3-700
San Francisco, California 94103
Phone: [phone]
Fax: [phone]

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Attorneys for Plaintiff
Hilda L. Solis
Secretary of the U.S. Dept. of Labor

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(BY U.S. MAIL) I placed each such sealed, prepaid envelope, for collection and mailing at
Baker & McKenzie LLP, San Francisco, California, following ordinary business practices.
am familiar with the practice of collection for U.S. mail, said practice being that in the
ordinary course of business, correspondence is picked up at our office the same day as it is
placed for collection. I am aware that on motion of the party served, service is presumed
invalid if postal cancellation date or postage meter date is more than one day after date of
deposit for mailing in affidavit

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I declare that I am employed in the office of a member of the bar of this court at whose
direction the service was made.

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I declare under penalty of perjury under the laws of the United States of America that the
, San Francisco, California.
above is true and correct. Executed on June 28

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Bobette M. Tolmer

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GESDMS/6584667. 1

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Baker & McKenzie LLP
Two Embarcadero Center,
11th Floor
Son Francisco, CA 94111
[phone]

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III

STIP. AND[PROPOSED] ORDER RE CONSOLIDATION OF
CMC AND HEARINGS ON MOTIONS TO DISMISS

CASE No C 12-02055 EMC