Solis v. Webb et al

Filing 91

STIPULATION AND ORDER RESETTING MOTIONS/CMC TO 7/25/13 re 90 STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND HEARING DATES ON PENDING MOTIONS DUE TO JUDGE LaPORTE'S CONTINUANCE OF THE PREVIOUSLY SCHEDULED SETTL EMENT CONFERENCE filed by Consulting Fiduciaries, Inc., Set/Reset Deadlines as to 90 STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND HEARING DATES ON PENDING MOTIONS DUE TO JUDGE LaPORTE'S CONTINUANCE OF THE PREVIOUSLY SCHEDULED SETTLEMENT CONFERENCE, 76 MOTION to Strike 71 Answer to Complaint re: Affirmative Defenses, 49 MOTION to Strike 43 Answer to Complaint re: Affirmative Defenses, 74 MOTION to Strik e 70 Answer to Complaint re: Affirmative Defenses, 66 MOTION to Amend/Correct 60 Order on Motion to Dismiss,, . Motion Hearing set for 7/25/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 3/4/13. (bpf, COURT STAFF) (Filed on 3/4/2013)

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RALPH W. ROBINSON (SBN 51436)
Email: [e-mail]
DONALD P. SULLIVAN (SBN 191080)
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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Plaintiff,

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Case No.: C 12-2055 EMC

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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STIPULATED REQUEST AND
[PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
AND HEARING DATES ON PENDING
MOTIONS DUE TO JUDGE LaPORTE’S
CONTINUANCE OF THE PREVIOUSLYSCHEDULED SETTLEMENT
CONFERENCE

Defendants.

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Date:
March 14, 2013
Time:
10:30 a.m.
Courtroom: 5

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STIPULATION

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WHEREAS, on November 15, 2012, this Court entered a Scheduling Order following the

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initial Case Management Conference in this action ordering the parties to complete either a private

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mediation or settlement conference with a magistrate judge within 120 days of the Order. See Dkt.

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# 72;

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WHEREAS, in the same Scheduling Order, this Court set a further Case Management
Conference for March 14, 2013 at 10:30 a.m. Id.;
WHEREAS, on November 29, 2012, this Court referred this matter to U.S. Magistrate

995318.2

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Stip. and [Prop] Order Continuing Case Mgmt Conf. and Pending Motions
USDC NDCA Case No. C 12-2055 EMC

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Judge LaPorte for a settlement conference and ordered the parties to complete the settlement

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conference within 120 days of the date of the referral. See Dkt. # 78.

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WHEREAS, Magistrate Judge LaPorte set a settlement conference in the matter for
February 27, 2013. See Dkt. # 85;
WHEREAS, the settlement of the action at the settlement conference would moot the need

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for the hearings on the Secretary’s Motions to Strike the Defendants’ Affirmative Defenses [Dkt.

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## 49, 74, 76] and on Defendants Fidiam’s, Gallucci’s, and the ESOP’s Motion to Correct Order

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[Dkt. # 66] (collectively, “the Motions”). Hence, the parties submitted a stipulation and proposed

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order seeking to continue the hearings on those matters from January 17, 2013 to a date after the

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February 27, 2013 settlement conference with Magistrate Judge LaPorte. See Dkt. # 86;
WHEREAS, the Court granted the parties’ request and continued the hearings on the
motions to April 4, 2013. See Dkt. No. 87;
WHEREAS, on February 11, 2013, Magistrate Judge LaPorte continued the settlement
conference sua sponte from February 27, 2013 to June 21, 2013. See Dkt. # 88;
WHEREAS, Defendant Webb is unable to attend the settlement conference on June 21,
2013 and intends to request that the June 21, 2013 date be changed;
WHEREAS, a settlement of the case at the settlement conference with Magistrate Judge
LaPorte would moot the need for hearings on the Motions; and
WHEREAS, the parties still wish to conserve the Court’s and their time and resources by
continuing the hearings on the Motions until a date after the settlement conference.
WHEREFORE, the parties stipulate as follows and request that the Court enter an order
approving this request:
1.

The April 4, 2013 hearings on the Secretary’s Motions to Strike the Defendants’

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Affirmative Defenses [Dkt. ## 49, 74, 76] shall be continued to July 25, 2013 at 1:30 p.m., or such

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other time as convenient for the Court;

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2.

Likewise, the April 4, 2013 hearing on Defendants Fidiam’s, Gallucci’s, and the

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ESOP’s Motion to Correct Order [Dkt. # 66] shall be continued to July 25, 2013 at 1:30 p.m., or

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such other time as convenient for the Court;

995318.2

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Stip. and [Prop] Order Continuing Case Mgmt Conf. and Pending Motions
USDC NDCA Case No. C 12-2055 EMC

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3.

The Further Case Management Conference shall be continued from March 14, 2013

to July 25, 2013 and follow the hearings on the above-described Motions;
4.

The parties shall file a Further Case Management Conference statement on or

before July 18, 2013; and
5.

The time for completing the settlement conference stated in the Court’s November

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29, 2012 Order [Dkt. # 78] shall be extended to June 22, 2013, the day after the presently-

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scheduled settlement conference with Magistrate Judge LaPorte , or the date following any such

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settlement conference as continued by Magistrate Judge LaPorte due to the unavailability of

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Defendant Webb on June 21, 2013.

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Date: February 28, 2013

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PLAN BENEFITS SECURITY DIVISION
OFFICE OF THE SOLICITOR
U.S. DEPARTMENT OF LABOR

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By:

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/S/ Glenn M. Loos
GLENN M. LOOS
ERIC C. LUND
Attorneys for Plaintiff
HILDA L. SOLIS
Secretary of the United States Department of Labor

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Date: February 28, 2013

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BAKER & McKENZIE LLP
By:

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/S/ James P. Baker
JAMES P. BAKER
Attorneys for Defendant
MATHIEU FIDIAM, J. ROBERT GALLUCCI, AND
THE ESOP

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Date: February 28, 2013

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By:

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TRUCKER HUSS
/S/ R. Bradford Huss
R. BRADFORD HUSS
VIRGINIA PERKINS
Attorneys for Defendant
DENNIS WEBB

SIGNATURES CONTINUED ON NEXT PAGE

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995318.2

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Stip. and [Prop] Order Continuing Case Mgmt Conf. and Pending Motions
USDC NDCA Case No. C 12-2055 EMC

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Date: February 28, 2013

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WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP
By:

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/S/ Donald P. Sullivan
RALPH W. ROBINSON
DONALD P. SULLIVAN
Attorneys for Defendant
CONSULTING FIDUCIARIES, INC.

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[PROPOSED] ORDER

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Based on the parties’ above-stated representations, and for good cause shown, it is hereby
ordered:

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1.

The April 4, 2013 hearings on the Secretary’s Motions to Strike the Defendants’

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Affirmative Defenses [Dkt. ## 49, 74, 76] and on Fidiam’s, Gallucci’s, and the ESOP’s Motion to

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Correct Order [Dkt. # 66] shall be continued to July 25, 2013 at 1:30 p.m.

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2.

continued to July 25, 2013 and follow the hearings on the above-described Motions;

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The Further Case Management Conference set for March 14, 2013 shall be

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The parties shall file a Further Case Management Conference statement on or

before July 18, 2013; and

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4.

The parties shall complete the settlement conference in this matter on or before June

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22, 2013 or as soon thereafter as Magistrate Judge LaPorte may reschedule the settlement

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conference due to the unavailability of Defendant Webb on June 21, 2013.

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3/4/13
Date:

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ERED
O ORD
S
TheIT IS Edward M. Chen
Hon.

United States District Judge
hen
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Jud

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PURSUANT TO STIPULATION, IT IS SO ORDERED:

UNIT
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Stip. and [Prop] Order Continuing Case Mgmt Conf. and Pending Motions
USDC NDCA Case No. C 12-2055 EMC