Maria Karla Terraza v. Safeway Inc. et al

Filing 135

STIPULATION AND ORDER re 134 STIPULATION WITH PROPOSED ORDER Joint Stipulation to Continue Deadline To File Dispositive Motions [Proposed Order] filed by Safeway Inc., Benefit Plans Committee Safeway Inc. Dispositive Motion due b y 7/6/2018. Responses due by 7/20/2018. Replies due by 7/26/2018. Motion Hearing set for 8/16/2018 at 2:00 PM in San Francisco, Courtroom 9, 19th Floor before Judge Jon S. Tigar. Signed by Judge Jon S. Tigar on June 22, 2018. (wsn, COURT STAFF) (Filed on 6/22/2018)

Download PDF
1 2 3 4 5 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 (SBN 71303) Angel L. Garrett (SBN 255682) Dylan D. Rudolph (SBN 278707) 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 OLIVIER SCHREIBER & CHAO, LLP Monique Olivier (SBN 190385) Katharine Chao (SBN 247571) 201 Filbert Street, Suite 201 San Francisco, CA 94133 Telephone: (415) 484-0980 E-Mail: monique@osclegal.com Kathy@osclegal.com Joseph C. Faucher, (SBN 137353) 633 W. 5th Street, 28th Floor Los Angeles, California 90071 Telephone: (213) 537-1016 Facsimile: (213) 537-1020 E-mail: jfaucher@truckerhuss.com 6 7 8 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 Attorneys for Defendants SAFEWAY INC. and SAFEWAY BENEFIT PLANS COMMITTEE 11 12 Attorneys for Plaintiff and the Plan 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 13 14 15 16 17 18 Attorneys for Defendant Aon Hewitt Investment Consulting, Inc. 19 UNITED STATES DISTRICT COURT 20 21 NORTHERN DISTRICT OF CALIFORNIA 22 SAN FRANCISCO 23 MARIA KARLA TERRAZA, individually and on behalf of the SAFEWAY 401(k) Plan, 24 Plaintiff, 25 26 vs. 27 SAFEWAY INC., BENEFIT PLANS COMMITTEE SAFEWAY INC., and DOES 1 to 100 inclusive, 28 Case No. 3:16-cv-03994-JST JOINT STIPULATION TO CONTINUE DEADLINE TO FILE DISPOSITIVE MOTIONS; [PROPOSED] ORDER Defendants. Assigned to Hon. Jon S. Tigar 1 JOINT STIPULATION TO CONTINUE DEADLINE TO FILE DISPOSITIVE MOTIONS; [PROPOSED] ORDER CASE NO. 3:16-CV-03994-JST 175756.v3 1 Plaintiff, Maria Karla Terraza, and Defendants Safeway Inc. (“Safeway”), the Benefit Plans 2 Committee Safeway Inc. n/k/a Albertsons Companies Retirement Benefit Plans Committee 3 (“Benefit Plans Committee”), Peter J. Bocian, David F. Bond, Michael J. Boylan, Robert B. 4 Dimond, Laura A. Donald, Dennis J. Dunne, Robert L. Edwards, Bradley S. Fox, Bernard L. Hardy, 5 Russell M. Jackson, Peggy Jones, Suz-Ann Kirby, Robert Larson, Melissa C. Plaisance, 6 Paul Rowan and Andrew J. Scoggin (the “Safeway Defendants”), as well as Defendant Aon Hewitt 7 Investment Consulting, Inc. (“Aon” and, collectively with the Safeway Defendants, “Defendants”), 8 through their counsel, hereby stipulate and agree that: 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 WHEREAS, Plaintiff filed a complaint against Safeway Inc. and the Benefits Plans Committee Safeway Inc. on July 14, 2016; 11 WHEREAS, Plaintiff filed an Amended Complaint on November 18, 2016 (Docket No. 37); 12 WHEREAS, Plaintiff filed a Second Amended Complaint on March 31, 2017 (Docket 13 No. 72); 14 15 WHEREAS, Aon filed a motion to dismiss the Second Amended Complaint on June 22, 2017 (Docket No. 83); WHEREAS, the Court entered an order granting in part and denying in part Aon’s motion 16 17 on December 11, 2017 (Docket No. 109); 18 WHEREAS, the Parties Stipulated to Continue Case Deadlines, and this Court has entered 19 orders continuing case deadlines on November 30, 2017 (Dkt. 108), February 20, 2018 (Dkt. 119), 20 and April 27, 2018 (Dkt. 130); 21 22 WHEREAS, the Parties have exchanged initial disclosures, engaged in written discovery and exchange of documents, and taken 21 fact witness depositions; 23 WHEREAS, the Parties are in the expert discovery phase of this litigation and in the process 24 of preparing and taking depositions of seven expert witnesses on or before the current deadline to 25 complete expert witness on June 20, 1018; 26 WHEREAS, although the Parties have been working diligently and cooperatively in the 27 discovery process and in preparing this case for trial, the Parties believe that their most recent 28 stipulation (Dkt. 130), which the Court entered prior to the deadline for expert disclosures, does not 2 JOINT STIPULATION TO CONTINUE DEADLINE TO FILE DISPOSITIVE MOTIONS; [PROPOSED] ORDER CASE NO. 3:16-CV-03994-JST 175756.v3 1 provide adequate time to complete expert discovery and file a dispositive motion. The current 2 schedule only provides seven days between the deadline to complete expert discovery and the 3 deadline to file a dispositive motion. The Parties therefore respectfully request that the Court 4 continue the deadline for filing dispositive motions from June 28, 2018 to July 6, 2018 with the 5 opposition due on July 20, 2018, reply due on July 26, 2018, and the hearing on August 9, 2018;1 6 WHEREAS, the Parties have previously made three requests to extend the deadlines for 7 completing discovery and filing dispositive motions, and the pretrial and trial dates (Dkts. 108, 119, 8 and 130); 9 Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 WHEREAS, the Parties do not propose any change in the trial schedule or the remainder of the pretrial schedule; 11 NOW, THEREFORE, the Parties, through their respective counsel, hereby stipulate, subject 12 to the approval of the Court, to continue the deadline to file dispositive motions from June 28, 2018 13 to July 6, 2018 with the opposition due on July 20, 2018, reply due on July 26, 2018, and the 14 hearing on August 9, 2018. 15 16 IT IS SO STIPULATED. DATED: June 19, 2018 17 TRUCKER  HUSS By: /s/R. Bradford Huss R. Bradford Huss Attorneys for Defendants SAFEWAY INC. and SAFEWAY BENEFIT PLANS COMMITTEE 18 19 20 21 22 Dated: June 19, 2018 O’MELVENY & MYERS LLP By: /s/Randall W. Edwards _____________________ Randall W. Edwards Attorneys for Defendant AON HEWITT INVESTMENT CONSULTING, INC. 23 24 25 26 27 28 1 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. 3 JOINT STIPULATION TO CONTINUE DEADLINE TO FILE DISPOSITIVE MOTIONS; [PROPOSED] ORDER CASE NO. 3:16-CV-03994-JST 175756.v3 1 Dated: June 19, 2018 2 SHEPHERD, FINKELMAN, MILLER & SHAH, LLP By: /s/James E. Miller James E. Miller Attorneys for Plaintiff MARIA KARLA TERRAZA, individually and on behalf of the SAFEWAY 401(K) PLAN 3 4 5 I attest that my firm has obtained concurrence in the filing of this document from James E. 6 7 Miller and Randall W. Edwards. 8 DATED: June 19, 2018 TRUCKER  HUSS 9 By: /s/R. Bradford Huss R. Bradford Huss Attorneys for Defendants SAFEWAY INC. and BENEFIT PLANS COMMITTEE SAFEWAY INC. Trucker  Huss A Professional Corporation One Embarcadero Center, 12th Floor San Francisco, California 94111 10 11 12 13 14 [PROPOSED] ORDER 15 Good cause exists for an order continuing the deadline to file dispositive motions from June 16 28, 2018 to July 6, 2018 with the opposition due on July 20, 2018, reply due on July 26, 2018, and 17 the hearing on August 16, 2018, if the Court determines that oral argument is appropriate. 18 19 DATED: June 22, 2018 Hon. Jon S. Tigar Judge of the United States District Court 20 21 22 23 24 25 26 27 28 4 JOINT STIPULATION TO CONTINUE DEADLINE TO FILE DISPOSITIVE MOTIONS; [PROPOSED] ORDER CASE NO. 3:16-CV-03994-JST 175756.v3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?