Dennis M. Lorenz v. Safeway, Inc. et al

Filing 29

STIPULATION AND ORDER re 27 STIPULATION WITH [PROPOSED] ORDER Regarding Briefing Schedule on Defendants' Responses to Plaintiff's Proposed Second Amended Complaint and Case Management Conference filed by Dennis M. Lorenz. Signed by Judge Jon S. Tigar on November 15, 2016. (wsn, COURT STAFF) (Filed on 11/15/2016)

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Todd M. Schneider (SBN 158253)
Jason H. Kim (SBN 220279)
Kyle G. Bates (SBN 299114)
SCHNEIDER WALLACE
COTTRELL KONECKY
WOTKYNS LLP
2000 Powell Street, Suite 1400
Emeryville, California 94608
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff

R. Bradford Huss (SBN 71303)
Angel L. Garrett (SBN 255682)
Dylan D. Rudolph (SBN 278707)
Trucker Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, CA 94111-2628
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

Randall W. Edwards (SBN 179053)
O'Melveny & Myers LLP
Two Embarcadero Center
28th Floor
San Francisco, CA 94111
415-984-8700
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant Great-West
Financial RPS LLC

Joseph C. Faucher (SBN 137353)
Trucker Huss
A Professional Corporation
633 W. 5th Street, 26th Floor
Los Angeles, California 90071
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Safeway Inc. and
Safeway Benefit Plans Committee

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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DENNIS M. LORENZ, Individually and On
Behalf of All Others Similarly Situated,

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Plaintiff,

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vs.
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SAFEWAY, INC.; SAFEWAY BENEFIT
PLANS COMMITTEE; GREAT-WEST
FINANCIAL RPS LLC; and DOES 1 through
50, inclusive,
Defendants.

Case No.: 3:16-cv-04903-JST
JOINT STIPULATION AND [PROPOSED]
ORDER REGARDING BRIEFING
SCHEDULE ON DEFENDANTS’
RESPONSES TO PLAINTIFF’S
PROPOSED SECOND AMENDED
COMPLAINT AND CASE MANAGEMENT
CONFERENCE

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE
ON DEFENDANTS’ RESPONSES TO PLAINTIFF’S PROPOSED SECOND AMENDED COMPLAINT AND CASE
MANAGEMENT CONFERENCE
Dennis Lorenz v. Safeway, Inc.., Case No. 3:16-cv-04903-JST
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Plaintiff Dennis Lorenz (“Plaintiff”) and Defendants Safeway Inc., Safeway Benefit Plans

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Committee (collectively, “Safeway”), and Great-West Financial RPS LLC (“Great-West”)

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(collectively, Safeway and Great-West are referred to herein as “Defendants,” and together with

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Plaintiff “the Parties”), by and through their respective counsel of record, jointly submit this

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Stipulation seeking an Order Modifying the Briefing Schedule on Defendant’s Response to

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Plaintiff’s Proposed Second Amended Complaint. By this stipulation, the Parties (1) consent to

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the filing of Plaintiff’s Second Amended Complaint and seek an Order granting Plaintiff leave to

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file his Second Amended Complaint, (2) seek an Order setting the deadline by which Defendants

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must respond to Plaintiff’s Second Amended Complaint as December 15, 2016, and (3) seek an

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Order setting the deadline for the Parties to submit the Joint Case Management Statement by

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December 15, 2016 and continuing the Case Management Conference to December 22, 2016. In

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support of such relief, the Parties state as follows:

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1.

The Complaint in this action was filed on August 25, 2016. On September 16, 2016,

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Plaintiff filed an Amended Complaint (ECF No. 7). By Stipulation, Defendants’ time for

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responding to the Amended Complaint was extended to November 15, 2016. (ECF Nos. 16 and

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18).

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2.

On November 7, 2016, this matter was reassigned to Judge Donato, and an Initial

Case Management Conference was set for December 1, 2016. (ECF No. 24).
3.

On November 14, 2016, and pursuant to a Motion for Administrative Relief to

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Consider Whether Cases Should be Related in Maria Terraza v. Safeway Inc., et al., Case No. 16-

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cv-03994 (“the Terraza matter”), this matter was found to be related to the Terraza matter and

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reassigned to this Court. Related Case Order, Terraza v. Safeway Inc., et al., Case No. 16-cv-

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03994, ECF No. 35 (Nov. 14, 2016).

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4.

Plaintiff seeks to file a Second Amended Complaint.

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5.

The Parties have met and conferred regarding Plaintiff’s proposed Second Amended

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Complaint, and in so doing Plaintiff circulated the draft of that complaint attached hereto as

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE
ON DEFENDANTS’ RESPONSES TO PLAINTIFF’S PROPOSED SECOND AMENDED COMPLAINT AND CASE
MANAGEMENT CONFERENCE
Dennis Lorenz v. Safeway, Inc.., Case No. 3:16-cv-04903-JST
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Exhibit A, which tracks the differences between Plaintiff’s Amended Complaint and proposed

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Second Amended Complaint.

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6.

While Defendants consent to the filing of the Second Amended Complaint, they do

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not waive any arguments that may be made against the Second Amended Complaint, including but

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not limited to those under Federal Rule of Civil Procedure 12.

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7.

The Parties have discussed the briefing schedule for Defendants to respond to the

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Second Amended Complaint and agree that Defendants’ responses to the Second Amended

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Complaint shall be filed no later than December 15, 2016. The Parties agree that the Initial Case

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Management Conference should be held after Plaintiff files the Second Amended Complaint and

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Defendants respond to the Second Amended Complaint to ensure that the Case Management

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Conference is as productive as possible.

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8.

Therefore, the Parties agree that the Initial Case Management Conference should be

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held on December 22, 2016 with the Joint Case Management Statement due on December 15,

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2016.

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ACCORDINGLY, THE PARTIES HEREBY STIPULATE and request that the Court orders as
follows:
(1) Plaintiff is granted leave to file his Second Amended Complaint forthwith.

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(2) Defendants’ responses to the Plaintiffs’ Second Amended Complaint shall be filed no

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later than December 15, 2016.
(3) The parties will submit the Case Management Statement on December 15, 2016.

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(4) The Initial Case Management Conference shall be held at December 22, 2016 at 1:30

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p.m.

SO STIPULATED:

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Dated: November 14, 2016

/s/_Jason H. Kim
SCHNEIDER WALLACE
COTTRELL KONECKY WOTKYNS LLP

JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE
ON DEFENDANTS’ RESPONSES TO PLAINTIFF’S PROPOSED SECOND AMENDED COMPLAINT AND CASE
MANAGEMENT CONFERENCE
Dennis Lorenz v. Safeway, Inc.., Case No. 3:16-cv-04903-JST
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Todd M. Schneider (SBN 158253)
Jason H. Kim (SBN 220279)
Kyle G. Bates (SBN 299114)
2000 Powell Street, Suite 1400
Emeryville, California 94608
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff Dennis Lorenz

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Dated: November 14, 2016

/s/ R. Bradford Huss
R. Bradford Huss (SBN 71303)
Trucker Huss, APC
One Embarcadero Center, 12th Floor
San Francisco, CA 94111-2628
415-788-3111
Fax: [phone]
Email: [e-mail]
Attorneys for Defendants Safeway Inc. and
Safeway Benefit Plans Committee

Dated: November 14, 2016

/s/ Randall W. Edwards
Randall W. Edwards (SBN 179053)
O'Melveny & Myers LLP
Two Embarcadero Center
28th Floor
San Francisco, CA 94111
415-984-8700
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant Great-West Financial
RPS LLC

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE
ON DEFENDANTS’ RESPONSES TO PLAINTIFF’S PROPOSED SECOND AMENDED COMPLAINT AND CASE
MANAGEMENT CONFERENCE
Dennis Lorenz v. Safeway, Inc.., Case No. 3:16-cv-04903-JST
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ATTESTATION
I attest that concurrence in the filing of this document has been obtained from each of the other
signatories.

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Dated: November 14, 2016

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/s/_Jason H. Kim
SCHNEIDER WALLACE
COTTRELL KONECKY WOTKYNS LLP
Todd M. Schneider (SBN 158253)
Jason H. Kim (SBN 220279)
Kyle G. Bates (SBN 299114)
2000 Powell Street, Suite 1400
Emeryville, California 94608
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff Dennis Lorenz

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[PROPOSED] ORDER

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Plaintiff is granted leave to file his Second Amended Complaint and Defendants shall file
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their responses to the Second Amended Complaint no later than December 15, 2016. The Case
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Management Conference shall be held on December 22, 2016 at 1:30 p.m. with the Case
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Management Statement to be filed no later than December 15, 2016.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: November 15, 2016
____________________________________
JON S. TIGAR
United States District Judge

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JOINT STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE
ON DEFENDANTS’ RESPONSES TO PLAINTIFF’S PROPOSED SECOND AMENDED COMPLAINT AND CASE
MANAGEMENT CONFERENCE
Dennis Lorenz v. Safeway, Inc.., Case No. 3:16-cv-04903-JST
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