Rollins v. Dignity Health et al

Filing 97

STIPULATION AND ORDER Modifying Briefing Schedule and Continuing Hearing Date as to 91 MOTION for Partial Summary Judgment. Responses due by 3/20/2014. Replies due by 4/3/2014. Motion Hearing set for 4/14/2014 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 03/04/2014. (tmi, COURT STAFF) (Filed on 3/5/2014)

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MORGAN, LEWIS & BOCKIUS LLP
Nicole A. Diller (SBN 154842)
Roberta H. Vespremi (SBN 225067)
[e-mail]
[e-mail]
One Market, Spear Street Tower
San Francisco, California 94105-1126
Telephone: [phone]
Facsimile: 415.442.1001
MORGAN, LEWIS & BOCKIUS LLP
Charles C. Jackson (appearance pro hac vice)
Allyson N. Ho (appearance pro hac vice)
[e-mail]
[e-mail]
77 West Wacker Drive, Fifth Floor
Chicago, Illinois 60601
Telephone: [phone]
Facsimile: 312.324.1001
Attorneys for Defendants Dignity Health, Herbert J.
Vallier, and the Retirement Plans Sub-Committee
(erroneously named as the Members of the Dignity
Health Retirement Committee)
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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STARLA ROLLINS on behalf of herself,
individually, and on behalf of all others
similarly situated,
Plaintiff,

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v.
DIGNITY HEALTH, a California non-profit
corporation, HERBERT J. VALLIER,
an individual, the members of the Dignity
Retirement Committee, and JOHN and
JANE DOES, each an individual, 1-20,

Case No. 13-C-1450 TEH
STIPULATED REQUEST FOR AN
ORDER MODIFYING BRIEFING
SCHEDULE AND CONTINUING
HEARING DATE FOR PLAINTIFF’S
MOTION FOR PARTIAL SUMMARY
JUDGMENT; [PROPOSED] ORDER
[Civil L.R. 6-2]

Defendants.

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

STIPULATED REQUEST RE PLTF’S MOTION
FOR PARTIAL SUMMARY JUDGMENT
Case No. 13-C-1450 TEH

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Pursuant to Civil Local Rule 6-2, plaintiff Starla Rollins (“Rollins”) and defendants

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Dignity Health, Herbert J. Vallier, and the Retirement Plans Sub-Committee (erroneously named

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as the members of the Dignity Health Retirement Committee) (collectively, “Defendants”), agree

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and stipulate, by and through their undersigned counsel of record, as follows:
WHEREAS, Rollins filed a motion for partial summary judgment (“Motion”) on February

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20, 2014;
WHEREAS, Defendants’ opposition to the Motion is due no later than March 6, 2014 per

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Civil Local Rule 7-3;

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WHEREAS, Rollins’ reply in support of the Motion currently is due no later than March
13, 2014 per Civil Local Rule 7-4;

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WHEREAS, the hearing on the Motion currently is set for March 31, 2014 at 10:00 a.m.;

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WHEREAS, Rollins and Defendants agree that both sides, and the Court, will benefit

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from additional time to address the issues raised in the Motion;

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WHEREAS, this is the first time the parties request to modify the briefing schedule and
continue the hearing date for the Motion; and

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WHEREAS modifying the briefing schedule and continuing the hearing date for the
Motion will not alter the date of any other event or deadline already fixed by the Court.

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NOW, THEREFORE, THE PARTIES STIPULATE AND AGREE AS FOLLOWS:

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1.

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to the Motion;

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2.

3.

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The hearing on the Motion shall be continued to April 14, 2014 at 10:00 a.m.; and

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MORGAN, LEWIS &
BOCKIUS LLP
S AN FRANCISCO

Rollins shall have until April 3, 2014 to file her reply papers in support of the

Motion;

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ATTORNEYS AT LAW

Defendants shall have until March 20, 2014 to file its papers regarding opposition

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STIPULATED REQUEST RE PLTF’S MOTION
FOR PARTIAL SUMMARY JUDGMENT
Case No. 13-C-1450 TEH

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4.

This stipulation is without prejudice to the parties’ rights to seek further extensions

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of time to file briefing related to the Motion or continuances of the hearing on the Motion, which

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rights are expressly reserved.

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IT IS SO STIPULATED.
KELLER ROHRBACK L.L.P.

MORGAN, LEWIS & BOCKIUS, LLP

By: _/s/ Matthew M. Gerend_________
Lynn L. Sarko (pro hac vice)
Havila C. Unrein (pro hac vice)
Matthew M. Gerend (pro hac vice)
1201 Third Avenue, Suite 3200
Seattle, WA 98101
Tel: [phone] / Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

By: ___/s/ Nicole A. Diller____________
Nicole A. Diller
Roberta H. Vespremi
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone] / Fax [phone]
Email: [e-mail]
[e-mail]

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

MORGAN, LEWIS & BOCKIUS, LLP
Charles C. Jackson (pro hac vice)
Allyson N. Ho (pro hac vice)
77 West Wacker Drvie, 5th Floor
Chicago, IL 60601
Tel: [phone] / Fax [phone]
Email: [e-mail]
[e-mail]

KELLER ROHRBACK L.L.P.
Juli E. Farris, Esq. (CA Bar No. 141716)
1129 State Street, Suite 8
Santa Barbara, CA 93101
Tel: [phone] / Fax: [phone]
Email: [e-mail]
KELLER ROHRBACK P.L.C.
Ron Kilgard (pro hac vice)
3101 North Central Avenue, Suite 1400
Phoenix, AZ 85012
Tel: [phone] / Fax: [phone]
Email: [e-mail]

Attorneys for Defendants Dignity Health,
Herbert J. Vallier, and the Retirement Plans
Sub-Committee

COHEN MILSTEIN SELLERS & TOLL,
P.L.L.C.
Bruce Rinaldi (CA Bar No. 55133)
Karen L. Handorf (pro hac vice)
Michelle C. Yau (pro hac vice)
Monya M. Bunch (pro hac vice)
Matthew A. Smith (pro hac vice)
1100 New York Avenue, N.W.
Suite 500, West Tower
Washington, D.C. 20005
Tel: [phone] / Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff Starla Rollins
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STIPULATED REQUEST RE PLTF’S MOTION
FOR PARTIAL SUMMARY JUDGMENT
Case No. 13-C-1450 TEH

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ATTESTATION
I, Nicole A. Diller, am the ECF User whose ID and password are being used to file this

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Stipulation. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Matthew Gerend has

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concurred in this filing. I declare under penalty of perjury under the laws of the United States of

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America that the foregoing is true and correct. Executed this 27th day of February 2014, at San

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Francisco, CA.

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/s/ Nicole A. Diller
Nicole A. Diller

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

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STIPULATED REQUEST RE PLTF’S MOTION
FOR PARTIAL SUMMARY JUDGMENT
Case No. 13-C-1450 TEH

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[PROPOSED] ORDER

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Pursuant to the parties’ stipulation set forth above, and good cause appearing,

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1.

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Defendants shall have until March 20, 2014 to file their Opposition to the Motion

for Partial Summary Judgment (“Motion”);

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2.

Rollins shall have until April 3, 2014 to file her Reply in support of the Motion;

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3.

The hearing on the Motion shall be continued to April 14, 2014 at 10:00 a.m.; and

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4.

Neither Rollins nor Defendants shall be deemed to have waived or otherwise

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relinquished any rights to seek further extensions of time to file briefing related to the Motion or

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continuances of the hearing on the Motion.

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IT IS SO ORDERED.

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DATED this

4th

day of

March

, 2014.

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HONORABLE THELTON E. HENDERSON
UNITED STATES DISTRICT JUDGE

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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
S AN FRANCISCO

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[PROPOSED] ORDER
Case No. 13-C-1450 TEH