Solis v. Webb et al

Filing 93

STIPULATION AND ORDER re 92 Allowing Continuance of Settlement Conference With Judge LaPorte, and Continuing Hearing Dates on Pending Motions and Case Management Conference filed by Dennis Webb, Set/Reset Deadlines as to 92 STIPULATI ON WITH PROPOSED ORDER Allowing Continuance of Settlement Conference With Judge LaPorte, and Continuing Hearing Dates on Pending Motions and Case Management Conference, 76 MOTION to Strike 71 Answer to Complaint re: Affirmativ e Defenses, 49 MOTION to Strike 43 Answer to Complaint re: Affirmative Defenses, 74 MOTION to Strike 70 Answer to Complaint re: Affirmative Defenses, 66 MOTION to Amend/Correct 60 Order on Motion to D ismiss,, . Case Management Statement due by 8/22/2013. Further Case Management Conference set for 8/29/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 8/29/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 4/9/13. (bpf, COURT STAFF) (Filed on 4/9/2013)

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1 2 3 4 5 R. Bradford Huss, No. 71303 Virginia H. Perkins, No. 215832 TRUCKER  HUSS A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, CA 94111 Telephone: (415) 788-3111 Facsimile: (415) 421-2017 E-mail: bhuss@truckerhuss.com vperkins@truckerhuss.com 6 Attorneys for Defendant DENNIS WEBB 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA Trucker  Huss  A Professional Corporation  th One Embarcadero Center, 12  Floor  San Francisco, California  94111    10 11 SETH D. HARRIS, Acting Secretary of the United States Department of Labor, 12 Plaintiff, 13 vs. 14 15 16 DENNIS WEBB, MATTHEW FIDIAM, J. ROBERT GALLUCCI, CONSULTING FIDUCIARIES, INC., and THE PARROT CELLULAR EMPLOYEES STOCK OWNERSHIP PLAN, Case No. CV-12-02055 EMC STIPULATED REQUEST AND [PROPOSED] ORDER ALLOWING CONTINUANCE OF SETTLEMENT CONFERENCE WITH JUDGE LAPORTE, AND CONTINUING HEARING DATES ON PENDING MOTIONS AND CASE MANAGEMENT CONFERENCE (Modified) 17 Defendants. 18 19 20 WHEREAS, on November 15, 2012, following the initial Case Management Conference in 21 this action, this Court entered a Scheduling Order requiring the parties to complete either a private 22 mediation or settlement conference with a magistrate judge within 120 days of the Order. See Dkt. 23 # 72. In the same Scheduling Order, this Court set a further Case Management Conference for 24 March 14, 2013 at 10:30 a.m. Id. 25 WHEREAS, on November 29, 2012, this Court referred this matter to U.S. Magistrate 26 Judge LaPorte for a settlement conference and ordered the parties to complete the settlement 27 conference within 120 days of the date of the referral. See Dkt. # 78. Magistrate Judge LaPorte 28 initially set a settlement conference in the matter for February 27, 2013. See Dkt. # 85. On STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING DATES; CV-12-02055 - EMC 1 #1328281 1 February 11, 2013, Magistrate Judge LaPorte continued the settlement conference sua sponte from 2 February 27, 2013 to June 21, 2013. See Dkt. # 88. 3 WHEREAS, the settlement of the action at the settlement conference would moot the need 4 for hearings on the Secretary’s Motions to Strike the Defendants’ Affirmative Defenses [Dkt. ## 5 49, 74, 76] and on Defendants Fidiam’s, Gallucci’s, and the ESOP’s Motion to Correct Order [Dkt. 6 # 66] (collectively, “the Motions”). WHEREAS, on March 4, 2013, in order to conserve the Court’s resources and the resources 8 of the parties, the parties stipulated and requested that the Court enter an Order continuing the 9 hearings on the Motions and continuing the Further Case Management Conference until a date after 10 the settlement conference with Magistrate Judge LaPorte. Dkt. # 91. The stipulation noted that Trucker  Huss  A Professional Corporation  th One Embarcadero Center, 12  Floor  San Francisco, California  94111    7 11 Defendant Webb “is unable to attend the settlement conference on June 21, 2013 and intends to 12 request that the June 21, 2013 date be changed.” Id. Defendant Webb remains unable to attend the 13 settlement conference on June 21, 2013. 14 WHEREAS, on March 4, 2013, the Court granted the parties’ stipulated request and entered 15 an Order continuing the April 4, 2013 hearings on the Motions until July 25, 2013 at 1:30 p.m. and 16 continuing the Further Case Management Conference set for March 14, 2013 until July 25, 2013. 17 Dkt. # 91. 18 WHEREAS, the Court’s Order also directed that the parties complete the settlement 19 conference in this matter “on or before June 22, 2013 or as soon thereafter as Magistrate Judge 20 LaPorte may reschedule the Settlement conference due to the unavailability of Defendant Webb on 21 June 21, 2013.” Dkt. # 91. 22 WHEREAS, based on the availability of all parties and Magistrate Judge LaPorte, the 23 earliest date following June 21, 2013 that all parties are availability for a settlement conference 24 with Judge LaPorte, is August 1, 2013. 25 WHEREAS, in the event Magistrate Judge LaPorte cannot schedule the settlement 26 conference for August 1, 2013 or for another date during the week of July 29, 2013 agreeable to all 27 parties, as a back up alternative the Parties have also reserved July 30, 2013 for private mediation 28 with Mediator Judge Edward Infante (Ret.), which is the earliest date on which all Parties and STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING DATES; CV-12-02055 - EMC 2 #1328281 1 Mediator Infante are available for such mediation. 2 3 WHEREAS, the settlement of the action at the settlement conference or at private mediation would moot the need for hearings on the Motions. 4 5 WHEREFORE, in order to conserve the Court’s and the parties’ resources, the parties stipulate and request that the Court enter an order as follows: 6 1. 7 The settlement conference with Judge LaPorte, currently scheduled for June 21, 2013, may be continued to August 1, 2013; 8 2. In the event Judge LaPorte is unable to reschedule the settlement conference for August 1, 2013 or on another mutually agreeable date during the week of July 29, 10 2013, the parties shall participate in a private mediation with Mediator Judge Trucker  Huss  A Professional Corporation  th One Embarcadero Center, 12  Floor  San Francisco, California  94111    9 11 Edward Infante (Ret.) on July 30, 2013; 12 3. The hearings on the Motions [Dkt. ## 49, 74, 76, 66], currently scheduled for 13 July 25, 2013 at 1:30 p.m., shall be continued to August 22, 2013 at 1:30 p.m., or 14 such other time as convenient for the Court; 15 4. The Further Case Management Conference shall be continued from July 25, 2013 to 16 August 22, 2013, or such other time as convenient for the Court, and shall follow 17 the hearings on the above-described Motions; and 18 5. 19 The parties shall file a Further Case Management Conference Statement on or before August 15, 2013. 20 21 DATED: April 3, 2013 TRUCKER  HUSS By: 22 23 24 /s/R. Bradford Huss R. BRADFORD HUSS VIRGINIA PERKINS Attorneys for Defendant DENNIS WEBB 25 26 27 28 STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING DATES; CV-12-02055 - EMC #1328281 3 1 DATED: April 3, 2013 2 PLAN BENEFITS SECURITY DIVISION OFFICE OF THE SOLICITOR U.S. DEPARTMENT OF LABOR 3 By: 4 5 6 /s/Glenn M. Loos GLENN M. LOOS ERIC C. LUND Attorneys for Plaintiff SETH D. HARRIS Acting Secretary of the United States Department of Labor 7 DATED: April 3, 2013 BAKER & McKENZIE LLP 8 By: 9 Trucker  Huss  A Professional Corporation  th One Embarcadero Center, 12  Floor  San Francisco, California  94111    10 11 12 DATED: April 3, 2013 13 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: 14 15 16 17 /s/James P. Baker JAMES P. BAKER Attorneys for Defendant MATHIEU FIDIAM, J. ROBERT GALLUCCI, AND THE ESOP /s/Donald P. Sullivan RALPH W. ROBINSON DONALD P. SULLIVAN Attorneys for Defendant CONSULTING FIDUCIARIES, INC. I attest that my firm has obtained the concurrence of Glenn M. Loos, James P. Baker, and 18 Donald P. Sullivan in the filing of this document. 19 DATED: April 3, 2013 20 TRUCKER  HUSS By: 21 22 /s/R. Bradford Huss R. BRADFORD HUSS VIRGINIA PERKINS Attorneys for Defendant DENNIS WEBB 23 24 25 26 27 28 STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING DATES; CV-12-02055 - EMC #1328281 4 1 [PROPOSED] ORDER 2 3 Based on the parties’ above-stated representations, the parties’ stipulation, and for good cause shown, it is hereby ordered: 4 1. The settlement conference with Judge LaPorte may be continued to August 1, 2013. 5 2. In the event Judge LaPorte is unable to reschedule the settlement conference for 6 August 1, 2013 or on another mutually agreeable date during the week of July 29, 7 2013, the parties shall participate in a private mediation with Mediator Judge 8 Edward Infante (Ret.) on July 30, 2013; 9 3. The hearings on the Motions [Dkt. ## 49, 74, 76, 66], currently scheduled for July 29 25, 2013 at 1:30 p.m., shall be continued to August 22, 2013 at 1:30 p.m.; 4. The Further Case Management Conference shall be continued from July 25, 2013 to 29 August 22, 2013 and follow the hearings on the above-described Motions; 5. The parties shall file a Further Case Management Conference Statement on or 22 before August 15, 2013; and 6. If the settlement conference with Judge LaPorte or private mediation with Mediator Trucker  Huss  A Professional Corporation  th One Embarcadero Center, 12  Floor  San Francisco, California  94111    10 11 12 13 14 15 16 Infante does not occur the week of July 29, 2013, the stay in the case will end and 17 the litigation will proceed without further delay. 18 S RT 23 dward Judge E ER 25 n M. Che A H 24 R NIA DIFIE FO 22 Edward M. Chen DERED United States S SO OR District Court Judge D IT I LI 21 UNIT ED DATED: ___ 20 AS MO NO RT U O 4/9/13 19 S DISTRICT TE C TA N F D IS T IC T O R C 26 27 28 STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING DATES; CV-12-02055 - EMC #1328281 5

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