Black et al v. Greater Bay Bancorp Executive Supplemental Compensation Benefits Plan et al

Filing 48

JOINT STIPULATION AND ORDER EXTENDING PLAINTIFFS' DEADLINE TO FILE A SECOND AMENDED COMPLAINT 47 : Deadline to file Second Amended Complaint extended from 8/15/2016 to 8/29/2016. Signed by Judge Elizabeth D. Laporte on 8/15/2016. (afmS, COURT STAFF) (Filed on 8/15/2016)

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FRED M. BLUM, ESQ. (SBN 101586)
[e-mail]
VIVY D. DANG, ESQ. (SBN 297714)
[e-mail]
BASSI, EDLIN, HUIE & BLUM LLP
500 Washington Street, Suite 700
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
TERESA S. RENAKER, ESQ. (SBN 187800)
[e-mail]
MARGARET E. HASSELMAN (SBN 228529)
[e-mail]
RENAKER HASSELMAN LLP
213 Montgomery Street, Suite 944
San Francisco, CA 94101
Telephone: [phone]

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Attorneys for Plaintiffs
SUSAN K. BLACK, STEVEN C. SMITH
AND KIMBERLY S. BURGESS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SUSAN K. BLACK, an individual; STEVEN ) Case No. 3:16-cv-00486-EDL
C. SMITH, an individual; KIMBERLY S.
)
BURGESS, an individual,,
) JOINT STIPULATION AND
) [PROPOSED] ORDER EXTENDING
Plaintiffs,
) PLAINTIFFS’ DEADLINE TO FILE A
) SECOND AMENDED COMPLAINT
vs.
)
)
GREATER BAY BANCORP EXECUTIVE )
SUPPLEMENTAL COMPENSATION
)
BENEFITS PLAN, WELLS FARGO BANK, )
a National Association ,
)
)
Defendants.
)
)
)
)

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Plaintiffs Susan Black, Steven C. Smith, and Kimberly Burgess (“Plaintiffs”) and

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Defendants Greater Bay Bancorp Executive Supplemental Compensation Benefits Plan and

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Wells Fargo Bank, N.A. (“Defendants”) (collectively, the “Parties”) through their undersigned
1744881

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JOINT STIPULATION EXTENDING PLAINTIFFS’ DEADLINE TO FILE A SECOND AMENDED COMPLAINT

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counsel of record, stipulate to extend Plaintiffs’ deadline to file their second amended complaint,

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pursuant to the Court’s July 25, 2016 Order granting Defendants’ Motion to Dismiss with leave

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to amend (the “Order”) as follows.

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WHEREAS, on July 25, 2016, the Court ordered that within 21 days of the date of the

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Order, “Plaintiffs shall amend their complaint to include: (1) more specific allegations as to the

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Plan terms that they believe support their entitlement to an additional true-up; (2) any factual

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allegations to support their theory of an alleged structural conflict of interest that influenced

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Wells Fargo’s benefits determination; (3) a demand for reformation, provided that Plaintiffs have

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a good faith basis to amend their §1132(a)(3) claim to seek this remedy; and (4) more specific

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allegations regarding Defendants’ alleged breach(es) of fiduciary duty and when they occurred;

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WHEREAS, pursuant to the Order, Plaintiffs’ deadline to file their Second Amended
Complaint is August 15, 2016;

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WHEREAS, Plaintiffs’ counsel has moved his residence and has missed a significant
portion of work since the Order was issued;

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WHEREAS, the Parties have agreed to a two week extension for Plaintiffs to file their
Second Amended Complaint;

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WHEREAS, the new deadline for Plaintiffs to file their Second Amended Complaint is
August 29, 2016;

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IT IS HEREBY STIPULATED by and between the Parties hereto, through their

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respective attorneys of record, that the deadline by which Plaintiffs must file their Second

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Amended Complaint is extended from August 15, 2016 to August 29, 2016.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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1744881

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JOINT STIPULATION EXTENDING PLAINTIFFS’ DEADLINE TO FILE A SECOND AMENDED COMPLAINT

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Dated: August 12, 2016

MORGAN, LEWIS & BOCKIUS LLP

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By /s/ Brandon Brigham
Jeffrey A. Sturgeon
(admitted pro hac vice)
Roberta H. Vespremi
Brandon J. Brigham
(admitted pro hac vice)
Attorneys for Defendants

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GREATER BAY BANCORP EXECUTIVE
SUPPLEMENTAL COMPENSATION
BENEFITS PLAN and WELLS FARGO
BANK, N.A.

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Dated: August 12, 2016

BASSI, EDLIN, HUIE & BLUM LLP

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By /s/ Fred M. Blum
Fred M. Blum
Vivy D. Dang
Attorneys for Plaintiffs

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SUSAN K. BLACK, STEVEN C. SMITH,
AND KIMBERLY S. BURGESS

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Dated: August 12, 2016

RENAKER HASSELMAN LLP

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By /s/ Teresa Renaker
Teresa Renaker
Margaret Hasselman
Attorneys for Plaintiffs

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SUSAN K. BLACK, STEVEN C. SMITH,
AND KIMBERLY S. BURGESS

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1744881

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JOINT STIPULATION EXTENDING PLAINTIFFS’ DEADLINE TO FILE A SECOND AMENDED COMPLAINT

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Pursuant to L.R. 5-1(i)(3) regarding signatures, I, Fred M. Blum, attest that concurrence

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in the filing of this document has been obtained from each of the other signatories. I declare

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under penalty of perjury under the laws of the United States of America that the foregoing is true

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and correct. Executed this 12th day of August, 2016.

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Dated: August 12, 2016

/s/ Fred M. Blum
Fred M. Blum

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: August __, 2016

By:
Honorable Elizabeth Laporte
United States Magistrate Judge

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1744881

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JOINT STIPULATION EXTENDING PLAINTIFFS’ DEADLINE TO FILE A SECOND AMENDED COMPLAINT