Gaynor v. Chatila et al

Filing 55

ORDER granting 53 STIPULATION To Continue the Initial Case Management Conference and Hearing on Pending Motions Until Resolution of MDL Transfer Order. Hearing on Motions/Case Management Conference Reset for 9/6/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Motion Hearing set for 9/6/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Signed by Judge William H. Orrick on 05/17/2017. (jmdS, COURT STAFF) (Filed on 5/17/2017)

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1 2 3 4 5 6 7 8 9 10 GIBSON, DUNN & CRUTCHER LLP JOEL M. COHEN, admitted pro hac vice jcohen@gibsondunn.com GABRIELLE LEVIN, admitted pro hac vice glevin@gibsondunn.com 200 Park Avenue, 48th Floor New York, New York 10166 Telephone: 212.351.3901 Facsimile: 212.351.5301 SARAH ZENEWICZ, SBN 258068 szenewicz@gibsondunn.com 555 Mission Street, Suite 3000 San Francisco, CA 94105 Telephone: 415.393.8200 Facsimile: 415.393.8306 Attorneys for Defendant AHMAD CHATILA 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 CASE NO. 3:16-cv-06305-WHO PAUL J. GAYNOR, Plaintiff, v. AHMAD CHATILA, an individual and BRIAN WUEBBELS, an individual, Defendants. STIPULATION TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE AND HEARING ON PENDING MOTIONS UNTIL RESOLUTION OF MDL TRANSFER ORDER AND ORDER Action Filed: November 1, 2016 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND HEARING ON PENDING MOTIONS – CASE NO. 3:16-CV-06305-WHO 1 Pursuant to Rule 16 of the Federal Rules of Civil Procedure and Civil Local Rules 7-12 and 2 16-2, the undersigned counsel of record for Plaintiff Paul J. Gaynor and Defendants Ahmad Chatila 3 and Brian Wuebbels jointly stipulate and agree as follows: 4 5 6 WHEREAS, the Court originally set an Initial Case Management Conference for February 21, 2017 (ECF No. 15); WHEREAS, due to a scheduling conflict, the Court continued the Initial Case Management 7 Conference to April 5, 2017 (ECF No. 43), concurrent with hearing on Defendant Chatila’s Motion to 8 Dismiss Complaint for Damages (ECF No. 29), Defendant Chatila’s Anti-SLAPP Motion to Strike 9 Plaintiff’s Defamation Claim (ECF No. 30) and Defendant Wuebbels’ Motion to Dismiss Complaint 10 11 for Damages (ECF No. 39) (collectively, the “Pending Motions”); WHEREAS, the Court then continued the Initial Case Management Conference and hearing 12 on the Pending Motions to May 31, 2017, in order to provide the Plaintiff with an additional 13 opportunity to respond to Defendant Wuebbels’ Motion to Dismiss after Plaintiff inadvertently did 14 not substantively respond to that motion (ECF No. 49); 15 WHEREAS, on May 9, 2017, the United States Judicial Panel on Multidistrict Litigation 16 issued a Conditional Transfer Order in connection with In re: SunEdison, Inc., Securities Litigation, 17 MDL No. 2742, conditionally ordering the transfer of the jurisdiction of this action to the United 18 States District Court for the Southern District of New York for coordinated or consolidated pretrial 19 proceedings pursuant to 28 U.S.C. § 1407 on the grounds that this action “involve[s] questions of fact 20 that are common to the” twenty-five actions “previously transferred to the Southern District of New 21 York” (MDL No. 2742 ECF No. 2); 22 23 24 WHEREAS, on May 16, 2017, Plaintiff filed a Notice of Opposition to the Conditional Transfer Order with the Clerk of the MDL Panel (MDL No. 2742 ECF No. 191); WHEREAS, Plaintiff has until May 30, 2017 to file a Motion to Vacate the Conditional 25 Transfer Order (“Motion to Vacate”) and any responses to the motion to vacate are due on or before 26 June 19, 2017 (MDL No. 2742 ECF No. 192); 27 28 Gibson, Dunn & Crutcher LLP 1 STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND HEARING ON PENDING MOTIONS – CASE NO. 3:16-CV-06305-WHO 1 WHEREAS, the MDL’s first hearing date following the scheduled completion of briefing on 2 Plaintiff’s Motion to Vacate is July 27, 2017 (see Hearing Information, 3 http://www.jpml.uscourts.gov/hearing-information (last visited May 15, 2017)); 4 5 6 WHEREAS, the Conditional Transfer Order will not be resolved before the May 31, 2017 hearing on the Pending Motions and Initial Case Management Conference; and, WHEREAS, because this Court may lose jurisdiction over this action if Plaintiff’s Motion to 7 Vacate is denied, the parties have conferred and agree that, in the interest of judicial efficiency and 8 economy, the hearing on the Pending Motions and the Initial Case Management Conference currently 9 set for May 31, 2017, should be continued so that the Conditional Transfer Order may be resolved 10 11 before hearing on the Pending Motions and the Initial Case Management Conference. THEREFORE, IT IS STIPULATED AND AGREED THAT the parties jointly request that 12 the Court continue the May 31, 2017 hearing on the Pending Motions and Initial Case Management 13 Conference until September 6, 2017, or a date thereafter convenient to the Court. 14 15 Dated: May 16, 2017 LOUDERBACK LAW GROUP 16 17 By: /s/ Stacey L. Pratt Charles M. Louderback Stacey L. Pratt 18 19 Attorneys for Plaintiff PAUL J. GAYNOR 20 21 22 Dated: May 16, 2017 GIBSON, DUNN & CRUTCHER LLP 23 25 By: /s/ Sarah Zenewicz Joel M. Cohen Gabrielle Levin Sarah Zenewicz 26 Attorneys for Defendant AHMAD CHATILA 24 27 28 Gibson, Dunn & Crutcher LLP 2 STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND HEARING ON PENDING MOTIONS – CASE NO. 3:16-CV-06305-WHO 1 Dated: May 16, 2017 MUNGER, TOLLES & OLSON LLP 2 3 4 By: /s/ Jessica Reich Baril E. Martin Estrada Jessica Reich Baril 5 Attorneys for Defendant BRIAN WUEBBELS 6 7 8 9 10 11 12 13 14 ORDER Pursuant to the parties’ stipulation, IT IS SO ORDERED. The Initial Case Management Conference and hearing on the Pending Motions are continued to Sept. 6 2:00 p.m. . , 2017, at May 17 Dated: ___________, 2017 The Honorable William H. Orrick United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gibson, Dunn & Crutcher LLP 3 STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND HEARING ON PENDING MOTIONS – CASE NO. 3:16-CV-06305-WHO

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