Lev Nork-V-The Bank of America Pension Plan

Filing 21

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND TIME TO RESPOND IN LIGHT OF EMERGENCY POSTPONEMENT OF MEDIATION. Case Management Conference set for 11/6/2014 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 9/3/14. (cl, COURT STAFF) (Filed on 9/3/2014)

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C. MARK HUMBERT (SBN 111093)
ATTORNEY AT LAW
[e-mail]
220 Montgomery Street
Suite 1068
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Lev Nork

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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LEV NORK,

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Plaintiff,
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v.
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THE BANK OF AMERICA PENSION PLAN; )
and BANK OF AMERICA, N.A.,
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Defendant.
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Case No. 13-cv-05419-RS
FURTHER STIPULATION AND
[PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
AND TIME TO RESPOND IN LIGHT OF
EMERGENCY POSTPONEMENT OF
MEDIATION

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STIPULATION - CASE NO. 13-CV-05419-RS

WHEREAS Plaintiff Lev Nork initiated this action by filing a Complaint on November 21,

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2013;
WHEREAS the parties previously agreed that the deadline for Defendants The Bank of

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America Pension Plan and Bank of America, N.A. (“Defendants”) to answer or otherwise respond

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to the complaint shall be extended until September 11, 2014;

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WHEREAS there is a Case Management Conference set for September 11, 2014;

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WHEREAS the parties scheduled a mediation on August 29, 2014 before mediator Michael

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Loeb of JAMS;
WHEREAS during the evening of August 28, 2014, counsel for the parties were informed

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that the mediator had to postpone the mediation due to emergency circumstances; counsel have

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since learned from Mr. Loeb’s case administrator that he will be available again as of late

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September 2014;

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WHEREAS the parties are all committed to exploring resolution by mediation, and believe it
would be most efficient for the Case Management Conference to take place after the mediation;
WHEREAS the parties agree that Defendants should not have to answer or otherwise
respond to the complaint until after the mediation;
WHEREAS Your Honor has previously granted three similar stipulations (Dkt Nos. 15, 17

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and 19, and the parties do not intend to seek another such order after this request, and would not

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have made this request but for the emergency circumstances that have arisen;

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THE PARTIES HEREBY STIPULATE AS FOLLOWS:

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1.

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2.

November 6,
The Case Management Conference shall be continued until October 30, 2014.
October 30, 2014
The Case Management Conference Statement shall be due on October 23, 2014.

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3.

The deadline for Defendants to answer or otherwise respond to the complaint shall be

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October 30, 2014.

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//

STIPULATION - CASE NO. 13-CV-05419-RS

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4.

All other deadlines shall remain unchanged.

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The parties respectfully request that Your Honor enter an order providing for this schedule.

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Dated: September 3, 2014
THE BANK OF AMERICA PENSION PLAN;
AND BANK OF AMERICA, N.A.,

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By: /s/ Ryan M. Sandrock
Ryan M. Sandrock
[e-mail]
SIDLEY AUSTIN LLP
555 California Street, Suite 2000
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]

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LEV NORK

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By: /s/ C. Mark Humbert
C. Mark Humbert
[e-mail]
220 Montgomery Street, Suite 1068
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: ________________________
9/3/14

_____________________________________
Judge Richard Seeborg

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STIPULATION - CASE NO. 13-CV-05418-RS