Fernandez et al v. K-M Industries Holding Co, Inc et al

Filing 295

ORDER re 293 granting STIPULATION SETTING PRE-TRIAL AND TRIAL SCHEDULE. Bench Trial set for 8/23/2010 08:30 AM. Further Case Management Conference set for 12/10/2009 02:00 PM. Motion Hearing set for 12/10/2009 02:00 PM. Pretrial Conference set for 7/27/2010 02:00 PM.. Signed by Judge Claudia Wilken on 4/16/09. (scc, COURT STAFF) (Filed on 4/16/2009)

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

MORGAN, LEWIS & BOCKIUS LLP Nicole A. Diller (State Bar No. 154842) Donald P. Sullivan (State Bar No. 191080) One Market, Spear Street Tower San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for North Star Trust Company

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

THOMAS FERNANDEZ, LORA SMITH, and TOSHA THOMAS Plaintiffs, vs. K-M INDUSTRIES HOLDING CO., INC.; K-M INDUSTRIES HOLDING CO., INC. ESOP PLAN COMMITTEE; WILLIAM E. AND DESIREE B. MOORE REVOCABLE TRUST; TRUSTEES OF THE WILLIAM E. AND DESIREE B. MOORE REVOCABLE TRUST; CIG ESOP PLAN COMMITTEE; NORTH STAR TRUST COMPANY; DESIREE B. MOORE REVOCABLE TRUST; WILLIAM E. MOORE MARITAL TRUST; WILLIAM E. MOORE GENERATION-SKIPPING TRUST; and DESIREE MOORE, BOTH IN HER INDIVIDUAL CAPACITY AND AS TRUSTEE OF THE WILLIAM E AND DESIREE B. MOORE REVOCABLE TRUST'S SUCCESSOR TRUSTS NAMED ABOVE, Defendants.

Case No. C06-07339 CW STIPULATION AND ORDER SETTING PRE-TRIAL AND TRIAL SCHEDULE AS MODIFIED

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Stip. re: Pre-Trial and Trial Schedule
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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

WHEREAS, the pretrial conference in this case is currently set for June 30, 2009, and trial is set to begin on August 3, 2009; WHEREAS, on October 30, 2008, the Court vacated the previously set expert disclosure and expert discovery cut-off dates and instructed the parties to propose new deadlines; WHEREAS, on January 15, 2009, the Court vacated the previously set cut-off date for hearing dispositive motions and instructed the parties to meet and confer regarding new cut-off dates for dispositive motions, the pretrial conference, and trial; WHEREAS, North Star Trust Company's ("NSTC") Motion for Judgment on the Pleadings ("Motion") and any cross motions on the pleadings are now schedule to be heard June 18, 2009; WHEREAS, because the hearing on NSTC's Motion and any cross motions is now set for one week before the pretrial conference and six weeks before the trial date, the parties now propose a schedule designed to economize the proceedings, permit expert discovery, and allow for F.R.Civ.P. Rule 56 motions before the trial of this case on the merits. NOW THEREFORE, THE PARTIES HEREBY STIPULATE and AGREE as follows: 1. 2. Disclosure of experts and initial reports shall be completed by September 1, 2009; Disclosure of rebuttal experts and reports shall be completed by September 21, 2009; 3. 4. Expert discovery shall be completed by October 14, 2009; Last day for hearing dispositive motions shall be December 10, 2009, at 2:00 p.m.: (a) Defendant North Star shall file its motion and supporting brief on October 26, 2009; (b) Plaintiffs and the other parties shall file their opposing brief, crossmotion and brief in support of their cross-motion, if any, on November 9, 2009; (c) Defendant North Star shall file its reply and opposition to Plaintiffs' and the other parties' cross-motion, if any, on November 20, 2009; (d) if Plaintiffs and the other parties file a cross-motion, they shall file a reply in support of that motion on November 25, 2009. 5. Case Management Conference shall be held on December 10, 2009, at 2:00 p.m.; 1 Stip. re: Pre-Trial and Trial Schedule
CASE NO. C06-07339 CW

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MORGAN, LEWIS & BOCKIUS LLP
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6.

The pre-trial conference shall be held on July 27, 2010, at 2:00 p.m., or two weeks before the earliest trial date available after April 5, 2010; and

7.

The bench trial (10 days) shall commence on August 16, 2010, at 8:30 a.m, or at the earliest trial date available after April 5, 2010.

IT IS SO STIPULATED: DATED: April 7, 2009 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. By: /S/ Todd Jackson Daniel M. Feinberg Todd Jackson Attorneys for Plaintiffs Thomas Fernandez, Lora Smith, and Tosha Thomas

DATED: April 7, 2009

LOVITT & HANNAN, INC. By: /S/ Henry Bornstein Henry Bornstein Ronald Lovitt Attorneys for Defendants K-M Industries Holding Co., Inc.; K-M Industries Holding Co., Inc. ESOP Plan Committee; and CIG ESOP Plan Committee

DATED: April 7, 2009

HENNIGAN, BENNETT & DORMAN LLP By: /S/ Robert L. Palmer Robert L. Palmer Lauren Smith Allison Chock Attorneys for Defendants William E. and Desiree B. Moore Revocable Trust; Trustee of the William E. and Desiree B. Moore Revocable Trust; Desiree B. Moore Revocable Trust; William E. Moore Marital Trust; William E. Moore GenerationSkipping Trust; and Desiree Moore

DATED: April 7, 2009

MORGAN, LEWIS & BOCKIUS LLP By: /S/ Donald P. Sullivan Nicole A. Diller Donald P. Sullivan Attorneys for Defendant North Star Trust Company
Stip. re: Pre-Trial and Trial Schedule
CASE NO. C06-07339 CW

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MORGAN, LEWIS & BOCKIUS LLP
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ATTESTATION I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document.

DATED: April 8, 2009

MORGAN, LEWIS & BOCKIUS LLP By: /S/ Donald P. Sullivan Nicole A. Diller Donald P. Sullivan Attorneys for Defendant North Star Trust Company

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MORGAN, LEWIS & BOCKIUS LLP
A T T O R N E Y S A T LAW S A N FR A N C I S C O

ORDER For good cause shown, it is hereby ordered that the following Pre-Trial and Trial schedule shall be adopted in this case: 1. 2. Disclosure of experts and initial reports shall be completed by September 1, 2009; Disclosure of rebuttal experts and reports shall be completed by September 21, 2009; 3. 4. Expert discovery shall be completed by October 14, 2009; Last day for hearing dispositive motions shall be December 10, 2009, at 2:00 p.m.: (a) Defendant North Star shall file its motion and supporting brief on October 26, 2009; (b) Plaintiffs and the other parties shall file their opposing brief, crossmotion and brief in support of their cross-motion, if any, in a single brief 25 pages or less, on November 9, 2009; (c) Defendant North Star shall file its reply and opposition to Plaintiffs' and the other parties' cross-motion, if any, in a single brief 25 pages or less, on November 20, 2009; (d) if Plaintiffs and the other parties file a cross-motion, they shall file a reply in support of that motion on November 25, 2009. 5. 6. 7. Case Management Conference shall be held on December 10, 2009, at 2:00 p.m.; The pre-trial conference shall be held on July 27, 2010, at 2:00 p.m; and The bench trial (10 days) shall commence on August 23, 2010, at 8:30 a.m.

IT IS SO ORDERED: 4/16/09 DATED: The Honorable Claudia Wilken United States District Judge

DB2/21019927.6

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Stip. re: Pre-Trial and Trial Schedule
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