Harris v. Northwestern Investment Management Company, LLC et al

Filing 49

ORDER Granting 38 Stipulation CONTINUING HEARING ON DEFENDANTS SUMMARY JUDGMENT MOTION. Case Management Statement due by 7/7/2011. Further Case Management Conference set for 7/14/2011 02:00 PM. 29 Motion Hearing set for 7/14/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 6/20/2011. (ndr, COURT STAFF) (Filed on 6/20/2011)

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MELINDA S. RIECHERT, State Bar No. 65504
MORGAN, LEWIS & BOCKIUS LLP
2 Palo Alto Square
3000 El Camino Real, Suite 700
Palo Alto, CA 94306-2122
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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MEGAN BARRY BOROVICKA, State Bar No. 241205
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1126
Tel: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendants,
Northwestern Investment Management Company, LLC
and Northwestern Mutual Life Insurance Company

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JOHN A. MCGUINN, State Bar No. 036047
CAROLYN A. LEARY, State Bar No. 226845
McGuinn, Hillsman & Palefsky
535 Pacific Avenue
San Francisco, CA 94133
Tel. [phone]
Fax. [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiff,
Laurie Gibbs Harris
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
LAURIE GIBBS HARRIS,
Case No. 10-01763 CW
Plaintiff,

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vs.

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NORTHWESTERN INVESTMENT
MANAGEMENT COMPANY, LLC,
NORTHWESTERN MUTUAL LIFE
INSURANCE COMPANY, and DOES 1
through 20 , inclusive,

STIPULATION AND ORDER
CONTINUING HEARING ON
DEFENDANTS’ SUMMARY JUDGMENT
MOTION AND TRIAL DATE
[Current Trial Date:

October 3, 2011]

Defendants.

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M ORGAN , L EWIS &
B OCKIUS LLP

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STIPULATED AND [PROPOSED] ORDER
CASE NO. C 10-01763 CW

ATTORNEYS AT LAW
PALO ALTO

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DB2/ 22496897.1

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Plaintiff Laurie Gibbs Harris (“Plaintiff”) and Defendants Northwestern Investment
Management Company, LLC and Northwestern Mutual Life Insurance Company (“Defendants”),
the parties to the above-entitled action (collectively, the “Parties), submit this stipulation to the
Court:

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STIPULATION

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WHEREAS, on April 26, 2011, the Court granted the Parties’ Stipulation and scheduled
June 30, 2011 as the last day by which the Court must hear all case-dispositive motions and the
date of the next Case Management Conference in this matter;

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WHEREAS, the parties have not otherwise sought and the Court has not ordered time
modifications;

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WHEREAS, on May 26, 2011, Defendants filed and served their Motion for Summary
Judgment, or in the Alternative, Partial Summary Judgment and supporting documents, and
noticed hearing on said Motion for June 30, 2011;

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WHEREAS, pursuant to Civil Local Rule 7-3, Plaintiff’s deadline for filing her opposition
to Defendants’ Motion was June 9, 2011;1

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WHEREAS, on June 9, 2011 Plaintiff filed and served her Opposition to Defendants’
Motion, as well as declarations of Laurie Gibbs Harris, John A. McGuinn, and Craig Pratt in
support of her Opposition;

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WHEREAS, Plaintiff’s Declaration of John A. McGuinn and Declaration of Craig Pratt,
filed and served on June 9, 2011, did not include complete sets of the exhibits attached to the
declarations as evidence in support of Plaintiff’s Opposition;

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WHEREAS, on Monday, June 13, 2011, Plaintiff sent by email at 4:20 p.m. to
Defendants’ counsel a courtesy copy of an Amended Opposition and a Supplemental Declaration
of John A. McGuinn;

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WHEREAS, today, Tuesday, June 14, 2011, Plaintiff intends to file with the Court her
Amended Opposition and Supplemental McGuinn Declaration;

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M ORGAN , L EWIS &

The deadline for Plaintiff to file her opposition brief was June 9, 2011 pursuant to both the pre-June 2, 2011 Civil
Local Rules and to the amended Civil Local Rules.

B OCKIUS LLP

ATTORNEYS AT LAW

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PALO ALTO

DB2/ 22496897.1

STIPULATED AND [PROPOSED] ORDER
Case No. C 10-01763 CW

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WHEREAS, today, Tuesday, June 14, 2011, Plaintiff intends to withdraw the declaration
of Craig Pratt;

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WHEREAS, of the documents Plaintiff filed on June 9, 2011, she filed the Declaration of
John A. McGuinn under seal and submitted a corresponding administrative motion requesting that
the declaration and its exhibits be filed under seal;

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WHEREAS, the additional documents Plaintiff filed on June 9, 2011 (her Opposition brief
and the Declaration of Laurie Gibbs Harris) also contained confidential information pursuant to
the Parties’ Stipulated Protective Order approved by the Court on November 30, 2010, but were
filed without the protections of filing under seal;

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WHEREAS, today, Tuesday, June 14, 2011, Plaintiff intends to request that all
confidential materials be filed under seal (including the Opposition, Amended Opposition,
McGuinn Declaration, Supplemental McGuinn Declaration, Harris Declaration) and that
documents previously filed on June 9, 2011 be “locked” from public access;

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WHEREAS, the Parties have met and conferred regarding the above confidentiality issues
and amended and supplemental documents, and agree that to avoid prejudice to Defendants,
Defendants’ should have additional time to respond to Plaintiff’s Opposition and supporting
papers;

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WHEREAS, pursuant to Civil Local Rule 7-3, Defendants’ current deadline for filing
their reply brief is June 16, 2011;2

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WHEREAS, the next available hearing on the Court’s calendar after the current hearing
date is July 14, 2011;

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WHEREAS, under the pre-June 2, 2011 Civil Local Rules, applicable with respect to
Defendants’ Motion, if the hearing on the Motion is scheduled for July 14, 2011, Defendants’
reply brief would be due no later than June 30, 2011;

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WHEREAS, a continuance of the hearing on the Motion alone would not require
modification to the current October 3, 2011 trial date;

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2

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M ORGAN , L EWIS &

The current deadline for Defendants to file their reply brief is June 16, 2011 pursuant to both the pre-June 2, 2011
Civil Local Rules and to the amended Civil Local Rules.

B OCKIUS LLP

ATTORNEYS AT LAW

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PALO ALTO

DB2/ 22496897.1

STIPULATED AND [PROPOSED] ORDER
CASE NO. C 10-01763 CW

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WHEREAS, the Parties engaged in an Early Neutral Evaluation on December 16, 2010;
WHEREAS, as part of the meet and confer process in which the Parties have engaged
throughout the litigation of this matter following the Early Neutral Evaluation, the Parties have
discussed whether it would be fruitful to continue to attempt to resolve this matter through
mediation;
WHEREAS, the Parties agree that it is in the best interests of their respective clients to
pursue mediation at this time, and have confirmed that they may mediate this matter with a
neutral third party, Mark S. Rudy of Rudy, Exelrod, Zieff & Lowe LLP;
WHEREAS, the Parties have yet been unable to confirm a mediation date with Mr. Rudy,
but the Parties anticipate that due to Mr. Rudy’s schedule, a mediation date will not be available
prior to September 2011;
WHEREAS, in light of the above factors, the Parties have agreed to seek a continue of the
Motion hearing date, as well as the trial date and other case deadlines connected to the trial date,
so that the Parties may attempt to resolve this matter through mediation.
THEREFORE, the Parties, through their respective counsel of record, hereby
STIPULATE to continue the hearing on Defendants’ Motion for Summary Judgment, or in the
Alternative, Partial Summary Judgment to a date subject to the Court’s convenience and
availability that is approximately one month following the completion of mediation with Mr.
Rudy, and that the last day for Defendants to file their reply brief shall be two weeks prior to the
hearing. They further stipulate that the Case Management Conference be continued to the same
day as the hearing on Defendants’ Motion. The Parties further stipulate that the trial date be
continued to a date of the Court’s convenience and availability that is between three and four
months following the hearing on Defendant’s Motion, and that additional pre-trial case deadlines
be reset in accordance with the rescheduled trial date. The Parties agree to inform the court when
they are able to confirm that exact date of their scheduled mediation.
IN THE ALTERNATIVE, if the Court does not grant approval to continue the trial date to
allow the Parties to pursue mediation, the Parties, through their respective counsel of record,

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M ORGAN , L EWIS &
B OCKIUS LLP

ATTORNEYS AT LAW

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PALO ALTO

DB2/ 22496897.1

STIPULATED AND [PROPOSED] ORDER
CASE NO. C 10-01763 CW

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hereby STIPULATE to continue the hearing on Defendants’ Motion for Summary Judgment, or in
the Alternative, Partial Summary Judgment to July 14, 2011, or thereafter, subject to the Court’s
convenience and availability, and that the last day for Defendants to file their reply brief shall be
June 30, 2011. They further stipulate that the Case Management Conference be continued to July
14, 2011, and that the deadlines for disclosures of identities and reports of expert witnesses and
for completion of expert discovery be moved by two weeks to July 19, 2011 and August 17,
2011, respectively.
IN THE ALTERNATIVE, should the Court instead desire, despite the Parties stipulation,
to maintain the current hearing date of June 30, 2011, the Parties hereby STIPULATE that the last
day for Defendants to file their reply brief shall be June 22, 2011.
IT IS SO STIPULATED.

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DATE: June 14, 2011

/s/ Carolyn A. Leary
______________________________
John A. McGuinn
Carolyn A. Leary
McGuinn, Hillsman & Palefsky
Attorneys for Plaintiff, Laurie Gibbs Harris

DATE: June 14, 2011______

/s/ Megan Barry Borovicka
______________________________
Melinda S. Riechert
Megan Barry Borovicka
Morgan, Lewis & Bockius

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Attorneys for Defendants,
Northwestern Investment Management Company,
LLC and Northwestern Mutual Life Insurance
Company

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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PALO ALTO

DB2/ 22496897.1

STIPULATED AND [PROPOSED] ORDER
CASE NO. C 10-01763 CW

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
The hearing on Defendants’ Motion for Summary Judgment, or in the Alternative, Partial

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Summary Judgment shall be continued to July 14, 2011, and the last day for Defendants to file

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their reply brief shall be June 30, 2011. The Case Management Conference is continued to July

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14, 2011. The deadlines for disclosures of identities and reports of expert witnesses and for

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completion of expert discovery are scheduled for July 19, 2011 and August 17, 2011,

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respectively.

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6/20/2011
DATE: ________________________

_____________________________________
The Honorable Claudia Wilken
United States District Judge

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ATTESTATION
Pursuant to General Order 45(X), I attest that concurrence in the filing of this document
has been obtained from the other signatory.

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Dated: _June 14, 2011

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/s/ Megan Barry Borovicka
By: ____________________________________
Megan Barry Borovicka

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M ORGAN , L EWIS &
B OCKIUS LLP
ATTORNEYS AT LAW

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PALO ALTO

DB2/ 22496897.1

STIPULATED AND [PROPOSED] ORDER
CASE NO. C 10-01763 CW