Phelps v. Calpine Corporation et al

Filing 161

STIPULATION AND ORDER: That the page limit for both the Motion for Final Approval of Settlement and the Motion for an Award of Attorneys Fees is 40 pages each. Signed by Judge ARMSTRONG on 10/10/08. (lrc, COURT STAFF) (Filed on 10/14/2008) Modified on 10/15/2008 (jlm, COURT STAFF).

Case 4:03-cv-01685-SBA

Document 156

Filed 10/08/2008

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Robert S. Green (State Bar No. 136183) GREEN WELLING LLP 595 Market Street, Suite 2750 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Liaison Counsel for Plaintiffs Joseph H. Meltzer (Admitted Pro Hac Vice) Edward W. Ciolko (Admitted Pro Hac Vice) Mark K. Gyandoh SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP 280 King of Prussia Road Radnor, PA 19087 Telephone: [phone] Facsimile: [phone] Lead Counsel for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) Master File No. C 03-1685 SBA IN RE CALPINE CORPORATION ERISA ) LITIGATION ______________________________________ ) CLASS ACTION ) ) XXXXXXXX ) STIPULATION and (PROPOSED) ) ORDER EXTENDING PAGE LIMIT ) ON MOTION FOR FINAL THIS DOCUMENT RELATES TO: ) APPROVAL OF SETTLEMENT AND ) MOTION FOR ATTORNEYS' FEES ALL ACTIONS ) AND REIMBURSEMENT OF ) EXPENSES AND CASE ) CONTRIBUTION COMPENSATION )

STIPULATION and (PROPOSED) ORDER EXTENDING PAGE LIMIT ON MOTION Master File No. C 03-1685 SBA

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Plaintiffs and Defendants hereby stipulate pursuant to Local Rules 7-11 and 7-12 as follows: The parties reached a settlement of the claims asserted in this action and the settlement was preliminarily approved per the Court's Order of July 17, 2008. Plaintiffs are now filing memoranda of law in support of their Motions for Final Approval of Settlement and for an Award of Attorneys' Fees, Reimbursement of Expenses and Case Contribution Compensation that exceed the page limit for motions. The extra pages are required to adequately provide the court with the information it needs to assess the settlement, particularly in light of the fact that this is an ERISA action that has been considered by the District Court and is affected by a bankruptcy filing by the primary defendant. THEREFORE, the parties, by and through their respective counsel, hereby stipulate and agree, and Plaintiffs request the Court to order that the page limit for both the Motion for Final Approval of Settlement and the Motion for an Award of Attorneys' Fees is 40 pages each.

Dated: October 8, 2008

GREEN WELLING LLP

By:

/s/ Robert S. Green

595 Market Street, Suite 2750 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Liaison Counsel for Plaintiffs Joseph H. Meltzer (Admitted Pro Hac Vice) Edward W. Ciolko (Admitted Pro Hac Vice) Mark K. Gyandoh SCHIFFRIN BARROWAY TOPAZ & KESSLER, LLP 280 King of Prussia Road Radnor, PA 19087 Telephone: [phone] Facsimile: [phone] Lead Counsel for Plaintiffs

STIPULATION and (PROPOSED) ORDER EXTENDING PAGE LIMIT ON MOTION Master File No. C 03-1685 SBA

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Dated: October 8, 2008

MORRISON & FOERSTER LLP

By:

/s/ Paul Flum

425 Market Street San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Counsel for Defendant Calpine Corporation Dated: October 8, 2008 LATHAM & WATKINS LLP

By:

/s/ John C. Tang

140 Scott Drive Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] Counsel for Individual Defendants PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: 10/10/08

____________________________________ The Honorable Saundra B. Armstrong United States District Judge

GENERAL ORDER 45(X) I, Robert S. Green, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order. In compliance with General Order 45 (X)(B), I hereby attest that Paul Flum and John C. Tang concurred in this filing.

Dated: October 8, 2008

By:

/s/ Robert S. Green

STIPULATION and (PROPOSED) ORDER EXTENDING PAGE LIMIT ON MOTION Master File No. C 03-1685 SBA

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CERTIFICATE OF SERVICE I, Leslie R. Cuesta, hereby declare as follows: I am employed by Green Welling, A Limited Liability Partnership, 595 Market Street, Suite 2750, San Francisco, California 94105. I am over the age of eighteen years and am not a party to this action. On October 8, 2008, I served the within document(s): STIPULATION and (PROPOSED) ORDER EXTENDING PAGE LIMIT ON MOTION FOR FINAL APPROVAL OF SETTLEMENT AND MOTION FOR ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES AND CASE CONTRIBUTION COMPENSATION by placing the document(s) listed above for collection and mailing following the firm's ordinary business practice in a sealed envelope with postage thereon fully prepaid for deposit in the United States mail at San Francisco, California addressed as set forth below. John C. Tang LATHAM & WATKINS LLP 140 Scott Drive Menlo Park, CA 94025 Telephone: [phone] Facsimile: [phone] I declare under penalty of perjury under the laws of the State of California that the above is true and correct, executed October 8, 2008, at San Francisco, California.

/s/ Leslie R. Cuesta

STIPULATION and (PROPOSED) ORDER EXTENDING PAGE LIMIT ON MOTION Master File No. C 03-1685 SBA