Buster v. Mechanics Bank Supplemental Executive Retirement Plan et al

Filing 39

STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS AMENDED COMPLAINT by Hon. William Alsup granting #38 Stipulation.(whalc1, COURT STAFF) (Filed on 6/9/2016)

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Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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R. Bradford Huss (SBN 71303)
TRUCKER  HUSS
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
Joseph C. Faucher (SBN 137353)
TRUCKER  HUSS
A Professional Corporation
633 West 5th Street, 26th Floor
Los Angeles, CA 90071
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
Attorneys for Defendants
COMPENSATION COMMITTEE OF THE
BOARD OF DIRECTORS OF MECHANICS BANK;
MECHANICS BANK SUPPLEMENTAL
EXECUTIVE RETIREMENT PLAN,
MECHANICS BANK, a California Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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STEVEN K. BUSTER,

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Plaintiff,

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vs.

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COMPENSATION COMMITTEE OF THE
BOARD OF DIRECTORS OF MECHANICS
BANK; MECHANICS BANK
SUPPLEMENTAL EXECUTIVE
RETIREMENT PLAN, MECHANICS
BANK, a California Corporation,

Case No.: 3:16-cv-01146-WHA
STIPULATION AND [PROPOSED]
ORDER EXTENDING TIME FOR
DEFENDANTS TO RESPOND TO
PLAINTIFF’S AMENDED COMPLAINT
[Filed concurrently with Declaration of
Joseph C. Faucher pursuant to L-R 6-2(a)]

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Defendants.

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Ordre Re:
STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF’S AMENDED
COMPLAINT; Case No. 3:16-cv-01146-WHA
159153.v2

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Defendants COMPENSATION COMMITTEE OF THE BOARD OF DIRECTORS OF

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MECHANICS BANK; MECHANICS BANK SUPPLEMENTAL EXECUTIVE RETIREMENT

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PLAN and MECHANICS BANK (collectively, “Defendants”) and Plaintiff Steven K. Buster

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(“Plaintiff”) (together hereafter the “Parties”) hereby stipulate and agree, by and through their

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respective counsel, to extend the time for Defendants to answer Plaintiff’s First Amended

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Complaint until Monday, June 20, 2016.
Plaintiff filed the First Amended Complaint on Friday, May 27, 2016, Defendant would

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normally have until Friday, June 10, 2016 to respond to Plaintiff’s First Amended Complaint. The

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reasons for the requested enlargement or shortening of time are that Plaintiff’s First Amended

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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Complaint, which was filed in the afternoon of May 27, 2016 (before the beginning of the three day

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Memorial Day weekend) has added an additional claim for relief beyond those asserted in the

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original Complaint, and asserts additional factual allegations. Defendants require additional time

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beyond the time provided for in the Federal Rules of Civil Procedure to review the First Amended

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Complaint and to prepare a response.
Defendants previously obtained a thirty (30) day extension of time, from April 6, 2016 to

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May 6, 2016, to respond to the original Complaint in this matter, by stipulation. The proposed order

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extending the time to respond to the First Amended Complaint will not alter the date of any event or

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any deadline already fixed by Court order. This Stipulation is made and entered into pursuant to

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Local Rule 6-2(a).

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Order re:
STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF’S AMENDED
COMPLAINT; Case No. 3:16-cv-01146-WHA
159153.v2

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THE PARTIES THEREFORE AGREE AND STIPULATE AS FOLLOWS:

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Defendants will respond to the First Amended Complaint on or before June 20, 2016.

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DATED: June 8, 2016

TRUCKER  HUSS

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By: /s/Joseph C. Faucher
R. Bradford Huss
Joseph C. Faucher
Attorneys for Defendants
COMPENSATION COMMITTEE OF THE
BOARD OF DIRECTORS OF MECHANICS
BANK; MECHANICS BANK SUPPLEMENTAL
EXECUTIVE RETIREMENT PLAN,
MECHANICS BANK, a California Corporation

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Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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DATED: June 8, 2016

LOUDERBACK LAW GROUP

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By: /s/ Charles M. Louderback
Charles M. Louderback
Attorneys for Plaintiff
STEVEN K. BUSTER

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I attest that I have obtained Mr. Louderback’s concurrence in the filing of this document.
DATED: June 8, 2016

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/s/Joseph C. Faucher
Joseph C. Faucher

PURSUANT TO STIPULATION, IT IS SO ORDERED.
June 9
DATED: _____________, 2016

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WILLIAM H. ALSUP
UNITED STATES DISTRICT COURT JUDGE

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-3STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF’S AMENDED
COMPLAINT; Case No. 3:16-cv-01146-WHA
159153.v2