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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?