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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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C., SBN 00504800
Mark G. Kisicki (CA SBN 150057)
[e-mail]
2415 E. Camelback Road, Suite 800
Phoenix, AZ 85016
Telephone: [phone]
Fax: [phone]

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Attorneys for Defendants
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*Additional counsel for Defendants on the following page
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*Counsel for Plaintiffs and the Proposed Class on the following page
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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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

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Plaintiffs,

CLASS ACTION

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v.
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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

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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

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ADDITIONAL DEFENDANTS’ COUNSEL:

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Mark Schmidtke (IN SBN 1733-45) admitted pro hac vice
mark.schmidtke@ ogletreedeakins.com
56 S. Washington Street, Suite 302
Valparaiso, IN 46383
Telephone: [phone]
Fax: [phone]

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Attorneys for Defendants
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PLAINTIFFS’ COUNSEL:
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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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Cliff Palefsky (SBN 77683)
Keith Ehrman (SBN 106985)
MCGUINN, HILLSMAN & PALEFSKY
535 Pacific Avenue
San Francisco, CA 94133
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs and the Proposed Class

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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

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On November 16, 2016, Defendants Microchip Technology, Inc. (“Microchip”), Atmel

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Corporation (“Atmel”) and Atmel Corporation U.S. Severance Guarantee Benefit Program

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(“Severance Program” or “Plan” and, collectively with Microchip and Atmel, “Defendants”) filed a

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Motion to Dismiss Plaintiffs’ Complaint. [Dkt. # 17.]

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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
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issue asserted in the Motion to Dismiss; namely, whether Plaintiffs’ action should be dismissed for

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failing to exhaust the administrative claims process required by Section 502(a)(1)(B) of the

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Employee Retirement Income Security Act of 1974 (“ERISA”). In particular, the parties agreed

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that:

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1. Defendants will withdraw their Motion to Dismiss;

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2. The Named Plaintiffs (Schuman and Coplin) will exhaust ERISA’s administrative claims

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process, including appealing any adverse claims determination;

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3. The Plan Administrator will take no more than 90 days total to resolve the named Plaintiffs’

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claims, meaning that the Plan Administrator will respond to Plaintiff Schuman’s claim on

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or before December 30, 2016 and Plaintiff Coplin’s claim on or before January 2, 2017;

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4. The Named Plaintiffs will promptly appeal any denial of benefits by the Plan

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Administrator;
5. The Plan will resolve any such appeal in no more than 60 days from the date the appeal is
taken;

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6. Defendants will not assert that the failure to exhaust by any individual who is “similarly

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situated” to the Named Plaintiffs (any employee who was or is terminated without cause

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between April 4, 2016 and March 19, 2017 and agreed to sign or did sign a Severance

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Agreement and Release, even if it is/was not the exact same Severance Agreement and

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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

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Release form that Schuman or Coplin signed) bars that individual’s claims or gives rise to

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an affirmative defense to that individual’s claim;

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7. The parties anticipate that this administrative exhaustion process will be completed no later

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than mid-March 2017, at which time Plaintiffs will file an amended complaint, which shall

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be filed no later than March 31, 2017.

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The parties also jointly request that the Court vacate the Case Management Conference

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currently set for January 10, 2017 (and the other dates established by the Court’s Order Setting

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Initial Case Management Conference and Deadlines) and reset the Case Management Conference

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(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

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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

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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

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Cliff Palefsky
Keith Ehrman
MCGUINN, HILLSMAN & PALEFSKY
535 Pacific Avenue
San Francisco, CA 94133
Attorneys for Plaintiffs

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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

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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.
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By:

/s/ Mark G. Kisicki

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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

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ORDER
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IT IS SO ORDERED that:
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1. Defendants’ Motion to Dismiss [Dkt. # 17] is deemed withdrawn;
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2. Plaintiffs may file an amended complaint once they have exhausted their administrative
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remedies; and
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3. The Case Management Conference currently set for January 10, 2017 (and each other
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date established by the Order Setting the Initial Case Management Conference) is vacated and will
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be reset after Plaintiffs file an amended complaint.
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Dated: December 22, 2016

_____________________________________
JUDGE HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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27936040.1

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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

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