Solis v. Webb et al

Filing 65

STIPULATION AND ORDER re 64 to Continue November 15, 2012 Hearing Date on Plaintiff's Motion to Strike Consulting Fiduciaries, Inc.'s Affirmative Defenses filed by Consulting Fiduciaries, Inc., Set/Reset Deadlines as to 64 S TIPULATION WITH PROPOSED ORDER to Continue November 15, 2012 Hearing Date on Plaintiff's Motion to Strike Consulting Fiduciaries, Inc.'s Affirmative Defenses, 49 MOTION to Strike 43 Answer to Complaint re: Affirmati ve Defenses. Case Management Statement due by 11/8/2012. Case Management Conference set for 11/14/2012 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 1/17/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 11/7/12. (bpf, COURT STAFF) (Filed on 11/7/2012)

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RALPH W. ROBINSON (SBN 51436)
Email: [e-mail]
SHIVANI NANDA (SBN 253891)
Email: [e-mail]
WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
CONSULTING FIDUCIARIES, INC.

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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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Case No.: C 12-2055 EMC
Honorable Judge Edward M. Chen

Plaintiff,

STIPULATION TO CONTINUE
NOVEMBER 15, 2012 HEARING DATE
ON PLAINTIFF’S MOTION TO STRIKE
CONSULTING FIDUCIARIES, INC.’S
AFFIRMATIVE DEFENSES;
[PROPOSED] ORDER
Order resetting CMC from 11/15/12 to
11/14/12 at 9:30 a.m.

v.

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

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Defendants.

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Pursuant to Civil Local Rules 6-1, 6-2 and 7-12, plaintiff Hilda L. Solis (“Plaintiff”) and

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defendant Consulting Fiduciaries, Inc. (“CFI”) state the following. On July 31, 2012, Plaintiff

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filed a Motion To Strike CFI's Affirmative Defenses [Docket No. 49]. On August 14, 2012, CFI

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filed a Memorandum in Opposition to Plaintiff’s motion. [Docket No. 50]. On August 21, 2012,

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Plaintiff filed a Reply to CFI’s Opposition. [Docket No. 54]. The hearing for this motion was

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originally scheduled for September 14, 2012 at 1:30 p.m., but on September 6, 2012, pursuant to

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the stipulated request of the parties, the Court continued the hearing to November 16, 2012.

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[Docket Nos. 57-58]. On September 17, 2012, the Court issued a Clerks Notice resetting the

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hearing from November 16, 2012 to November 15, 2012 at 2:30 p.m. [Docket No. 59]. On
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STIPULATION TO CONTINUE NOVEMBER 15, 2012 HEARING DATE ON PLAINTIFF’S MOTION TO
STRIKE CONSULTING FIDUCIARIES, INC.’S AFFIRMATIVE DEFENSES; [PROPOSED] ORDER
954273.1
USDC NDCA Case No.: C 12-2055 EMC

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November 1, 2012, the Court issued a Clerks Notice resetting the hearing from November 15, 2012

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at 1:30 p.m. to November 15, 2012 at 9:30 a.m.

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

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in the interest of the parties and the interests of justice to continue the hearing on Plaintiff’s Motion

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to Strike CFI’s affirmative defenses from November 15, 2012 to January 11, 2013 at 1:30 p.m.

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This extension of time does not alter the date of any event or any deadline already fixed by Court

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Order.

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IT IS SO STIPULATED.

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Date: November 6, 2012

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PLAN BENEFITS SECURITY DIVISION
OFFICE OF THE SOLICITOR
U.S. DEPARTMENT OF LABOR
By: /s/ Eric C. Lund
Attorney for Plaintiff
HILDA L. SOLIS
Secretary of the United States
Department of Labor

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Date: November 6, 2012

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

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By: /s/ Shivani Nanda
RALPH W. ROBINSON
SHIVANI NANDA
Attorneys for Defendant
CONSULTING FIDUCIARIES, INC.

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ORDER

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Plaintiff’s Motion to Strike CFI’s Affirmative Defenses is continued from November 15, 2012 to
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January 11, 2013 at 1:30 p.m. The CMC set for November 15, 2012 at 1:30 p.m. is rescheduled to
November 14, 2012 at 9:30 a.m. A joint CMC Statement shall be
11/7/12
DATED: ____________________ by November 8, 2012.
filed
ISTRIC
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By
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The Honorable T
Edward M. Chen
United States District Judge D

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STIPULATION TO CONTINUE NOVEMBER 15, 2012 HEARING DATE ON PLAINTIFF’S MOTION TO
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STRIKE CONSULTING FIDUCIARIES, INC.’S AFFIRMATIVE DEFENSES; [PROPOSED] ORDER
D IS T IC T O
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954273.1
USDC NDCA
A

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UNIT
ED

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S

Good cause appearing therefore, IT IS HEREBY ORDERED that the hearing on

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ATTESTATION CERTIFICATE

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In accord with the Northern District of California’s General Order No. 45, Section X.(B), I

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attest that concurrence in the filing of this document has been obtained from each of the other

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signatories who are listed on the signature page.

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/s/ Shivani Nanda
SHIVANI NANDA

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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
525 Market Street, 17th Floor
San Francisco, California 94105
Tel: [phone]
Fax: [phone]

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STIPULATION TO CONTINUE NOVEMBER 15, 2012 HEARING DATE ON PLAINTIFF’S MOTION TO
STRIKE CONSULTING FIDUCIARIES, INC.’S AFFIRMATIVE DEFENSES; [PROPOSED] ORDER
954273.1
USDC NDCA Case No.: C 12-2055 EMC