O'Rourke v. Northern California Electrical Workers Pension Plan et al

Filing 39

ORDER granting 38 Stipulation to vacate Case Management Conference. Signed by Judge William H. Orrick on 12/1/2016. (jmdS, COURT STAFF) (Filed on 12/1/2016)

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Clarissa A. Kang, No. 210660
Angel L. Garrett, No. 255682
TRUCKER  HUSS
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
E-mail:
[e-mail]
[e-mail]

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Attorneys for Defendant
NORTHERN CALIFORNIA ELECTRICAL
WORKERS PENSION PLAN and BOARD
OF TRUSTEES OF THE NORTHERN
CALIFORNIA ELECTRICAL WORKERS
PENSION TRUST

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

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JOHN J. O'ROURKE,
Plaintiff,

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vs.

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Case No. 16-cv-02007-WHO
STIPULATION AND ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE

NORTHERN CALIFORNIA ELECTRICAL
WORKERS PENSION PLAN and BOARD
OF TRUSTEES OF THE NORTHERN
CALIFORNIA ELECTRICAL WORKERS
PENSION TRUST,
Defendants.

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Defendants NORTHERN CALIFORNIA ELECTRICAL WORKERS PENSION PLAN

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(“Plan”) and BOARD OF TRUSTEES OF THE NORTHERN CALIFORNIA ELECTRICAL
WORKERS PENSION TRUST (“Board”) (collectively, “Defendants”) and Plaintiff JOHN J.
O’ROURKE (“Plaintiff”), hereby stipulate, by and through their respective counsel and subject to
the Court’s approval, to continue the date of the case management conference and, in support
therefor, state as follows:
WHEREAS, the case management conference is currently scheduled for December 13, 2016

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at 2:00 p.m. (ECF No. 25), with a joint case management statement due December 6, 2016;
-1STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE;
Case No: 16-CV-02007-WHO
162984

WHEREAS, the parties filed cross-motions for summary judgment and the Court held the

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hearing on the cross-motions on November 9, 2016;
WHEREAS, the Court took the parties’ cross-motions for summary judgment under

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submission (ECF No. 37) and the Court has not yet issued a written order;

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WHEREAS, the decision on the cross-motions may obviate the need for a further case

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management conference and, therefore, the case management conference date should be postponed

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until after the Court issues an order on the cross-motions;
WHEREAS, the parties previously requested and received a two-week continuance of the

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summary judgment hearing date and further case management conference (ECF No. 25);
WHEREAS, there are no other Court dates in the case that are affected by a continuance of

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

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the case management conference and of the deadline for the joint case management statement; and

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NOW, THEREFORE, Plaintiff and Defendants hereby stipulate and agree as follows:

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The case management conference currently set for December 13, 2016, shall be vacated. If

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a further case management conference is required following the Court’s order on the parties’ cross-

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motions for summary judgment, the date for the further case management conference shall be set in

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the order, with the joint case management statement to be due seven (7) days before the further case

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management conference.

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IT IS SO STIPULATED.

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DATED: November 30, 2016

TRUCKER  HUSS

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By: /s/Clarissa A. Kang
Clarissa A. Kang
Attorneys for Defendant
NORTHERN CALIFORNIA ELECTRICAL
WORKERS PENSION PLAN and BOARD OF
TRUSTEES OF THE NORTHERN CALIFORNIA
ELECTRICAL WORKERS PENSION TRUST

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DATED: November 30, 2016

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RENAKER HASSELMAN SCOTT LLP
By /s/Teresa S. Renaker
Teresa S. Renaker
Attorneys for Plaintiff
JOHN J. O’ROURKE

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-2STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE;
Case No: 16-CV-02007-WHO
162984

SIGNATURE ATTESTATION

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I, Clarissa A. Kang, hereby attest that the concurrence in the filing of the document has been

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obtained from the other signatory on this document.

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DATED: November 30, 2016

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/s/Clarissa A. Kang
Clarissa A. Kang

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ORDER
Pursuant to the Parties’ Stipulation, the case management conference currently scheduled for

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

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December 13, 2016 at 2:00 p.m. is hereby vacated, with a further case management conference to

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be set, if necessary, in the order on the parties’ cross-motions for summary judgment..

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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DATED: December 1, 2016

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______________________________
Honorable William H. Orrick
Judge, United States District Court

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-3STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE;
Case No: 16-CV-02007-WHO
162984