Board of Retirement of the Imperial County Employees' Retirement System v. Franklin Templeton Investor Services, LLC et al

Filing 20

STIPULATION AND ORDER re 19 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order Extending Date to Re-File Motion to Dismiss filed by Board of Retirement of the Imperial County Employees' Retirement System. Signed by Judge Jon S. Tigar on April 25, 2017. (wsn, COURT STAFF) (Filed on 4/25/2017)

1 HANSON BRIDGETT LLP
RAYMOND F. LYNCH, SBN 119065
2 [e-mail]
MATTHEW J. PECK, SBN 287934
3 [e-mail]
425 Market Street, 26th Floor
4 San Francisco, California 94105
Telephone:
[phone]
5 Facsimile:
[phone]
6 Attorneys for Board of Retirement of the Imperial
County Employees' Retirement System
7
8 ARNOLD & PORTER KAYE SCHOLER LLP
GILBERT R. SEROTA (No. 75305)
9 [e-mail]
AMY V. ENDICOTT (No. 281298)
10 [e-mail]
ALISON C. EPSTEIN (No. 311081)
11 [e-mail]
Three Embarcadero Center, 10th Floor
12 San Francisco, CA 94111-4024
Telephone: [phone]
13 Facsimile: 415.471.3400
14 Attorneys for Defendants
Franklin Templeton Investor Services, LLC,
15 Franklin/Templeton Distributors, Inc., and
Templeton Institutional Funds
16
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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19

BOARD OF RETIREMENT OF THE
20 IMPERIAL COUNTY EMPLOYEES'
RETIREMENT SYSTEM,
21
Plaintiff,
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v.
23
FRANKLIN TEMPLETON INVESTOR
24 SERVICES, LLC.,
FRANKLIN/TEMPLETON
25 DISTRIBUTORS, INC., TEMPLETON
INSTITUTIONAL FUNDS, INC. AND DOES
26 1 THROUGH 50,
27

Case No. 3:17-cv-01784-JST
STIPULATION AND [PROPOSED]
ORDER EXTENDING DATE TO RE-FILE
MOTION TO DISMISS IN ORDER TO
FINALIZE PENDING SETTLEMENT
Judge: Hon. Jon S. Tigar
Courtroom: 9, 19th Floor

Defendants.

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Case No. 3:17-cv-01784-JCS
13454299.2

Stipulation and [Proposed] Order Extending Date to Re-File Motion to Dismiss

1

WHEREAS, on April 18, 2017, the above-captioned action was assigned to United States

2 District Judge Jon S. Tigar. ECF 15;
3

WHEREAS, by Stipulation filed on April 18, 2017, the parties requested that the Court

4 extend Defendants’ time to re-file their motion to dismiss the Complaint (“the Motion”),
5 previously filed before Magistrate Judge Joseph C. Spero, in order to facilitate the parties’
6 settlement discussions;
7

WHEREAS, by Order dated April 18, 2017, this Court extended the time for the parties to

8 submit a schedule for re-filing the Motion and for briefing thereon to April 26;
9

WHEREAS, the parties have now reached a settlement-in-principle to resolve fully and

10 dismiss with prejudice this action and wish to have time to complete the settlement documentation
11 and to perform the terms of such settlement;
12

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among the

13 respective parties hereto, subject to the approval of the Court, that:
14

The parties shall have an additional 30 days from April 26, 2017 to May 26 to file a

15 dismissal with prejudice or, in the event settlement is not finalized, a proposed hearing date and
16 briefing schedule for the Motion. All other pre-trial dates are off-calendar pending settlement.
17

SO STIPULATED.

18
HANSON BRIDGETT LLP

19 DATED: April 24, 2017
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By:

/s/ Raymond F. Lynch
RAYMOND F. LYNCH
MATTHEW J. PECK
Attorneys for Board of Retirement of the Imperial
County Employees’ Retirement System

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13454299.2

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Case No. 3:17-cv-01784-JCS

Stipulation and [Proposed] Order Extending Date to Re-File Motion to Dismiss

ARNOLD & PORTER KAYE SCHOLER LLP

1 DATED: April 24, 2017
2
3

By:

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6
7

/s/ Gilbert R. Serota
GILBERT R. SEROTA
AMY V. ENDICOTT
ALISON C. EPSTEIN
Attorneys for Defendants Franklin Templeton
Investor Services, LLC, Franklin/Templeton
Distributors, Inc., and Templeton Institutional
Funds.

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9
[PROPOSED] ORDER

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The parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED

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that:
1.

The parties shall have an additional thirty (30) days from April 26, 2017 to May 26

to file a dismissal with prejudice or, in the event settlement is not finalized, a proposed hearing
date and briefing schedule for the Motion
2.

All other pre-trial dates are off-calendar pending settlement.

IT IS SO ORDERED.

18 DATED: ____________________
April 25, 2017
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THE HONORABLE JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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13454299.2

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Case No. 3:17-cv-01784-JCS

Stipulation and [Proposed] Order Extending Date to Re-File Motion to Dismiss