Peter Schuman et al v. Microchip Technology Incorporated et al

Filing 27

ORDER by Judge Haywood S. Gilliam, Jr. Granting 26 Stipulation to Withdraw Defs' Motion to Dismiss and for Pltfs to file Amended Complaint; Joint Request to Vacate CMC. (ndrS, COURT STAFF) (Filed on 12/22/2016)

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1 2 3 4 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., SBN 00504800 Mark G. Kisicki (CA SBN 150057) mark.kisicki@ogletreedeakins.com 2415 E. Camelback Road, Suite 800 Phoenix, AZ 85016 Telephone: 602.778.3700 Fax: 602.778.3750 5 Attorneys for Defendants 6 *Additional counsel for Defendants on the following page 7 *Counsel for Plaintiffs and the Proposed Class on the following page 8 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 PETER SCHUMAN, an individual, and, WILLIAM COMPLIN, an individual, on behalf of themselves and on behalf of others similarly situated, No. 4:16-CV-05544-HSG 15 Plaintiffs, CLASS ACTION 16 v. 17 18 19 20 21 22 23 MICROCHIP TECHNOLOGY INCORPORATED, a corporation; ATMEL CORPORATION, a corporation; and ATMEL CORPORATION U.S. SEVERANCE GUARANTEE BENEFIT PROGRAM, an employee benefit plan, Defendants. JOINT STIPULATION TO WITHDRAW DEFENDANTS’ MOTION TO DISMISS AND FOR PLAINTIFFS TO FILE AMENDED COMPLAINT; JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; AND ORDER CMC Date: Hearing Date: Time: Courtroom: Action Filed: Trial Date: January 10, 2017 February 9, 2017 2:00 p.m. 10, 19th Floor September 29, 2016 None 24 25 26 27 28 JOINT STIPULATION TO WITHDRAW DEFENDANTS’ MOTION TO DISMISS AND FOR PLAINTIFFS TO FILE AMENDED COMPLAINT; JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER 4:16-CV-05544-HSG 1 ADDITIONAL DEFENDANTS’ COUNSEL: 2 Mark Schmidtke (IN SBN 1733-45) admitted pro hac vice mark.schmidtke@ ogletreedeakins.com 56 S. Washington Street, Suite 302 Valparaiso, IN 46383 Telephone: 219.242.8668 Fax: 219.242.8669 3 4 5 Attorneys for Defendants 6 PLAINTIFFS’ COUNSEL: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Michael Rubin (SBN 80618) Connie K. Chan (SBN 284230) Raphael N. Rajendra (SBN 255096) ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, CA 94108 Telephone: (415) 421-7151 Facsimile: (415) 362-8064 mrubin@altber.com cchan@altber.com rrajendra@altber.com Cliff Palefsky (SBN 77683) Keith Ehrman (SBN 106985) MCGUINN, HILLSMAN & PALEFSKY 535 Pacific Avenue San Francisco, CA 94133 Telephone: (415) 421-9292 Facsimile: (415) 403-0202 CP@mhpsf.com keith@mhpsf.com Attorneys for Plaintiffs and the Proposed Class 21 22 23 24 25 26 27 28 JOINT STIPULATION TO WITHDRAW DEFENDANTS’ MOTION TO DISMISS AND FOR PLAINTIFFS TO FILE AMENDED COMPLAINT; JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER 4:16-CV-05544-HSG 2 1 On November 16, 2016, Defendants Microchip Technology, Inc. (“Microchip”), Atmel 2 Corporation (“Atmel”) and Atmel Corporation U.S. Severance Guarantee Benefit Program 3 (“Severance Program” or “Plan” and, collectively with Microchip and Atmel, “Defendants”) filed a 4 Motion to Dismiss Plaintiffs’ Complaint. [Dkt. # 17.] 5 On November 30, 2016, the Court granted the parties’ Stipulation to extend the Motion to 6 Dismiss briefing deadlines, making Plaintiffs’ response due by December 21, 2016 and 7 Defendants’ reply due by January 4, 2017. Since then, Defendants’ counsel and Plaintiffs’ counsel 8 have agreed to a schedule that will avoid burdening the Court and the parties with litigating an 9 issue asserted in the Motion to Dismiss; namely, whether Plaintiffs’ action should be dismissed for 10 failing to exhaust the administrative claims process required by Section 502(a)(1)(B) of the 11 Employee Retirement Income Security Act of 1974 (“ERISA”). In particular, the parties agreed 12 that: 13 1. Defendants will withdraw their Motion to Dismiss; 14 2. The Named Plaintiffs (Schuman and Coplin) will exhaust ERISA’s administrative claims 15 process, including appealing any adverse claims determination; 16 3. The Plan Administrator will take no more than 90 days total to resolve the named Plaintiffs’ 17 claims, meaning that the Plan Administrator will respond to Plaintiff Schuman’s claim on 18 or before December 30, 2016 and Plaintiff Coplin’s claim on or before January 2, 2017; 19 4. The Named Plaintiffs will promptly appeal any denial of benefits by the Plan 20 21 22 Administrator; 5. The Plan will resolve any such appeal in no more than 60 days from the date the appeal is taken; 23 6. Defendants will not assert that the failure to exhaust by any individual who is “similarly 24 situated” to the Named Plaintiffs (any employee who was or is terminated without cause 25 between April 4, 2016 and March 19, 2017 and agreed to sign or did sign a Severance 26 Agreement and Release, even if it is/was not the exact same Severance Agreement and 27 28 JOINT STIPULATION TO WITHDRAW DEFENDANTS’ MOTION TO DISMISS AND FOR PLAINTIFFS TO FILE AMENDED COMPLAINT; JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER 4:16-CV-05544-HSG 3 1 Release form that Schuman or Coplin signed) bars that individual’s claims or gives rise to 2 an affirmative defense to that individual’s claim; 3 7. The parties anticipate that this administrative exhaustion process will be completed no later 4 than mid-March 2017, at which time Plaintiffs will file an amended complaint, which shall 5 be filed no later than March 31, 2017. 6 7 The parties also jointly request that the Court vacate the Case Management Conference 8 currently set for January 10, 2017 (and the other dates established by the Court’s Order Setting 9 Initial Case Management Conference and Deadlines) and reset the Case Management Conference 10 11 12 13 14 15 16 17 18 (and related deadlines) after Plaintiffs have filed an amended complaint. DATED: December 21, 2016 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. By:/s/ Mark G. Kisicki Mark G. Kisicki 2415 East Camelback Road, Suite 800 Phoenix, Arizona 85016 Mark Schmidtke 56 S. Washington Street, Suite 302 Valparaiso, IN 46383 Attorneys for Defendants 19 20 21 22 23 24 ALTSHULER BERZON LLP By:s/Michael Rubin (with permission) Michael Rubin Connie K. Chan Ralphael N. Rajendra ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, CA 94108 25 26 27 28 JOINT STIPULATION TO WITHDRAW DEFENDANTS’ MOTION TO DISMISS AND FOR PLAINTIFFS TO FILE AMENDED COMPLAINT; JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER 4:16-CV-05544-HSG 4 1 2 3 4 Cliff Palefsky Keith Ehrman MCGUINN, HILLSMAN & PALEFSKY 535 Pacific Avenue San Francisco, CA 94133 Attorneys for Plaintiffs 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION TO WITHDRAW DEFENDANTS’ MOTION TO DISMISS AND FOR PLAINTIFFS TO FILE AMENDED COMPLAINT; JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER 4:16-CV-05544-HSG 5 1 2 SIGNATURE ATTESTATION In accordance with Civil Local Rule 5-1(i)(3), I attest that concurrence in the filing of this 3 document has been obtained from the signatories on this e-filed document, and that this attestation 4 was executed on December 21, 2016. 5 By: /s/ Mark G. Kisicki 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION TO WITHDRAW DEFENDANTS’ MOTION TO DISMISS AND FOR PLAINTIFFS TO FILE AMENDED COMPLAINT; JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER 4:16-CV-05544-HSG 6 1 ORDER 2 IT IS SO ORDERED that: 3 1. Defendants’ Motion to Dismiss [Dkt. # 17] is deemed withdrawn; 4 2. Plaintiffs may file an amended complaint once they have exhausted their administrative 5 remedies; and 6 3. The Case Management Conference currently set for January 10, 2017 (and each other 7 date established by the Order Setting the Initial Case Management Conference) is vacated and will 8 be reset after Plaintiffs file an amended complaint. 9 10 Dated: December 22, 2016 _____________________________________ JUDGE HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 11 12 13 27936040.1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION TO WITHDRAW DEFENDANTS’ MOTION TO DISMISS AND FOR PLAINTIFFS TO FILE AMENDED COMPLAINT; JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER 4:16-CV-05544-HSG 7

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