Maria Karla Terraza v. Safeway Inc. et al

Filing 108

STIPULATION AND ORDER re 107 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE DEADLINES filed by Maria Karla Terraza. Case Management Statement due by 1/16/2018. Further Case Management Conference set for 1/24/2018 at 2:00 PM in Co urtroom 9, 19th Floor, San Francisco. Deadline to complete fact discovery. 3/22/2018. Deadline for expert disclosures. 4/12/2018. Deadline for expert rebuttal. 5/2/2018. Deadline to complete expert discovery. 5/21/2018. Deadline to file disposit ive motions. 6/15/2018. Deadline to file pretrial conference statement. 9/5/2018. Pretrial Conference set for 9/7/2018 at 2:00 PM in Courtroom 2, 4th Floor, Oakland. Jury Trial set for 10/22/2018 - 11/1/2018 at 8:30 AM in Courtroom 9, 19th Floor, San Francisco before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on November 30, 2017. (wsn, COURT STAFF) (Filed on 11/30/2017)

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SHEPHERD FINKELMAN MILLER & SHAH, LLP Ronald S. Kravitz (SBN 129704) Kolin C. Tang (SBN 279834) One California Street, Suite 900 San Francisco, CA 94111 Tel.: (415) 429-5272 Fax: (866) 300-7367 E-Mail: rkravitz@sfmslaw.com ktang@sfmslaw.com TRUCKER  HUSS R. Bradford Huss Angel L. Garrett Dylan D. Rudolph One Embarcadero Center, 12th Floor San Francisco, CA 94111 Tel: (415) 788-3111 Fax: (415) 421-2017 Email: bhuss@truckerhuss.com agarrett@truckerhuss.com drudolph@truckerhuss.com Joseph C. Faucher, No. 137353 633 W. 5th Street, 28th Floor Los Angeles, California 90071 Telephone: (213) 537-1016 Facsimile: (213) 537-1020 E-mail:jfaucher@truckerhuss.com 10 DUCKWORTH PETERS LEBOWITZ OLIVIER, LLP Monique Olivier (SBN 190385) 100 Bush Street, Suite 1800 San Francisco, CA 94104 Tel: (415) 433-0333 Fax: (415) 449-6556 Email: monique@dplolaw.com 11 Attorneys for Plaintiff and the Plan 12 [Additional Counsel Listed On Signature Page] 1 2 3 4 5 6 7 8 9 Attorneys for Safeway Defendants 13 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE NORTHERN DISTRICT OF CALIFORNIA 16 17 MARIA KARLA TERRAZA Individually and On Behalf of the SAFEWAY 401(K) PLAN, 18 Plaintiff, 19 v. Case 3:16-cv-03994-JST JOINT STIPULATION TO CONTINUE CASE DEADLINES; [PROPOSED] ORDER 20 SAFEWAY INC., et al. Assigned to Hon. Jon S. Tigar 21 Defendants. 22 23 24 25 26 27 28 JOINT STIPULATION TO CONTINUE CASE DEADLINES Case No. 3:16-cv-03994-JST 1 2 STIPULATION Plaintiff, Maria Karla Terraza, and Defendants, Defendants, Safeway Inc. (“Safeway”), 3 the Benefit Plans Committee Safeway Inc. n/k/a Albertsons Companies Retirement Benefit Plans 4 Committee (“Benefit Plans Committee”), Peter J. Bocian, David F. Bond, Michael J. Boylan, 5 Robert B. Dimond, Laura A. Donald, Dennis J. Dunne, Robert L. Edwards, Bradley S. Fox, 6 Bernard L. Hardy, Russell M. Jackson, Peggy Jones, Suz-Ann Kirby, Robert Larson, Melissa C. 7 Plaisance, Paul Rowan and Andrew J. Scoggin (the “Safeway Defendants”), as well as Defendant, 8 Aon Hewitt Investment Consulting, Inc. (“Aon” and, collectively with the Safeway Defendants, 9 “Defendants”), through their counsel, hereby stipulate and agree that: 10 11 12 WHEREAS, the initial complaint was filed against Safeway Inc. and the Benefits Plans Committee Safeway Inc. on July 14, 2016; WHEREAS, the Rule 16(b) conference was held, and the Court then issued the current 13 scheduling order on March 15, 2017 (ECF No. 67), setting the discovery, pre-trial and trial dates, 14 at a time when Aon was not a party in the Action; 15 WHEREAS, after that case management order, Plaintiff and the Safeway Defendants 16 stipulated to an amendment to the Complaint to add Aon as a defendant for the first time in this 17 Action as part of the Second Amended Complaint, and that Second Amended Complaint was 18 filed on March 31, 2017. 19 20 21 22 23 WHEREAS, Aon filed a motion to dismiss the Second Amended Complaint on June 22, 2017 and the matter was briefed over the summer; WHEREAS, after vacating the initial argument date, the Court heard oral argument on Aon’s motion to dismiss on November 2, 2017, and the matter remains under submission; WHEREAS, the Plaintiff and Safeway Defendants have exchanged certain initial 24 disclosures, have engaged in written discovery and have been in the process of scheduling 25 depositions; 26 WHEREAS, the Plaintiff and Aon served written discovery on the other following the 27 argument on Aon’s motion to dismiss argument, but the document productions are not yet due 28 and the scope of the claims is still disputed; 1 JOINT STIPULATION TO CONTINUE CASE DEADLINES Case No. 3:16-cv-03994-JST 1 2 WHEREAS, depositions are currently being scheduled to take place over the next sixty days, and additional written discovery remains to be completed; 3 WHEREAS, the Parties have been working diligently and cooperatively to prepare this 4 case for trial, while also pursuing their efforts in a manner designed to avoid imposing undue 5 burdens or expenses on any of the Parties, in particular as to Aon and the pendency of its Motion 6 to Dismiss; 7 WHEREAS, in light of the above and despite the Parties’ diligent efforts to cooperate, the 8 Parties believe that the current schedule will not provide adequate time to complete discovery, 9 expert disclosures, dispositive motions, and trial, by virtue of the number of defendants, the scope 10 of document discovery demanded, and the need for an adequate opportunity for discovery related 11 to Aon upon understanding the scope of the claims against it.1 The Parties therefore respectfully 12 request that the Court continue the case deadlines as detailed below, which represents a ninety 13 (90) day continuance of all deadlines, and that the pretrial conference date be moved to a date 14 convenient for the Court in or after September, 2018, and the trial be moved to a date convenient 15 for the Court in or after October, 2018 on the Court’s first available trial dates;2 16 17 WHEREAS, the Parties have not previously requested any extensions of the pretrial or trial dates in this case; 18 19 WHEREAS, Plaintiffs also propose that the Court reschedule the next Case Management Conference, currently set for December 13, 2017 to a date in early 2018; 20 21 NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate, subject to the approval of the Court, to the following schedule: 22 __________, 2018, at 2 p.m. 24 25 26 27 28 Case Management Conference March 22, 2018 23 Deadline to complete fact discovery. 1 In addition, while not offered as a principal reason for the requested change, counsel for Aon (Randall Edwards) also requests the Court’s accommodation of the requested change because of a long-scheduled window of time allotted to counsel in mid-July 2018 to attempt to swim the English Channel, which requires advanced scheduling of a year or more for pilot and boat booking. 2 Counsel for the Parties have also met and conferred with counsel for Plaintiff in the Lorenz matter, and anticipate submitting a stipulation in that case proposing an identical modification of the schedule in that case. 2 JOINT STIPULATION TO CONTINUE CASE DEADLINES Case No. 3:16-cv-03994-JST 1 2 3 4 5 6 7 8 April 12, 2018 Deadline for expert disclosures. May 2, 2018 Deadline for expert rebuttal. May 21, 2018 Deadline to complete expert discovery. June 15, 2018 Deadline to file dispositive motions. September 5, 2018 Deadline to file pretrial conference statement. September __, 2018, at 2 p.m. Pretrial Conference October __, 2018, at ____ Trial (eight court days) 9 10 Dated: November 29, 2017 11 /s/ James E. Miller* James E. Miller 12 13 SHEPHERD FINKELMAN MILLER & SHAH LLP Dated: November 29, 2017 TRUCKER  HUSS 14 /s/ R. Bradford Huss R. Bradford Huss 15 16 17 18 19 Dated: November 29, 2017 O’MELVENY & MYERS LLP /s/ Randall W. Edwards Randall W. Edwards 20 21 *Pursuant to L.R. 5-1(i)(3) regarding signatures, I, James E. Miller, attest that concurrence in the filing of this document has been obtained from each of the other signatories. 22 23 /s/ James E. Miller James E. Miller 24 25 26 27 28 3 JOINT STIPULATION TO CONTINUE CASE DEADLINES Case No. 3:16-cv-03994-JST 1 2 3 4 5 6 O’MELVENY & MYERS LLP Brian D. Boyle (CSB 126576) Randall W. Edwards (CSB 179053) Adam Kaplan (CSB 298077) Two Embarcadero Center, 28th Floor San Francisco, CA 94111 Tel: (415) 984-8700 Fax: (415) 984-9701 Email: bboyle@omm.com redwards@omm.com akaplan@omm.com 7 Attorneys for Defendant Aon Hewitt Investment Consulting, Inc. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION TO CONTINUE CASE DEADLINES Case No. 3:16-cv-03994-JST 1 [PROPOSED] ORDER 2 3 IT SO ORDERED. 4 24 The next Case Management Conference shall be held on January ___, 2018, at 2:00 pm. 5 September 7 The Pretrial Conference shall be held on __________________, 2018, at 2 p.m., and the trial 6 October 22 shall commence on _____________________, 2018, with eight (8) days reserved for trial. 7 8 The parties shall file a joint pretrial conference statement on or before August 28, 2018. 9 Dated: November 30, 2017 ______________________ Jon S. Tigar, J 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 JOINT STIPULATION TO CONTINUE CASE DEADLINES Case No. 3:16-cv-03994-JST

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