Harris v. Northwestern Investment Management Company, LLC et al

Filing 68

ORDER GRANTING 67 Stipulation TO CONTINUE PRETRIAL FILING DEADLINE. Signed by Judge Claudia Wilken on 9/1/2011. (ndr, COURT STAFF) (Filed on 9/1/2011)

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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 (LB)
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,

JOINT STIPULATION AND ORDER
CONTINUING DEADLINE TO FILE
PRETRIAL MATERIALS
Trial Date: October 3, 2011

Defendants.

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M ORGAN , L EWIS &
B OCKIUS LLP

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JOINT STIPULATION AND [PROPOSED]
ORDER; CASE NO. C 10-01763 CW

ATTORNEYS AT LAW
PALO ALTO

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DB2/ 22643952.1

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Plaintiff Laurie Gibbs Harris (“Plaintiff”) and Defendants Northwestern Investment

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Management Company, LLC and Northwestern Mutual Life Insurance Company (“Defendants”),

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the parties to the above-entitled action (collectively, the “Parties”), submit this stipulation to the

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Court:

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STIPULATION

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WHEREAS, the Court conducted a Case Management Conference and heard Defendants’

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Motion for Summary Judgment, or in the Alternative, Partial Summary Judgment on July 14,

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2011;

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WHEREAS, during the July 14, 2011 hearing, the Court encouraged the Parties to
participate in private mediation;
WHEREAS, on July 25, 2011, the Court issued an Order Granting in Part and Denying in
Part Defendants’ Motion for Summary Judgment;
WHEREAS, following the Court’s Order, the Parties gained new understanding of the

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narrowed issues proceeding to trial on October 3, 2011, and agreed to participate in a mediation

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with a private third-party neutral;

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WHEREAS, accounting for the schedules of the Parties, counsel, and potential mediators,
the Parties scheduled mediation for the first available date, August 23, 2011;

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WHEREAS, on August 23, 2011, the Parties participated in a full day of mediation

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utilizing the services of private neutral third-party David Rotman of Gregorio, Haldeman, et al. in

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San Francisco, California, but were unable to resolve the case;

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WHEREAS, the Court’s September 14, 2010 Minute Order and Case Management Order
set trial in this matter for October 3, 2011 and a pretrial conference on September 20, 2011;
WHEREAS, the Court has not continued the trial date or the pretrial conference date, and

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the Parties do not believe a continuance of the trial date or pretrial conference date is necessary;

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WHEREAS, pursuant to the Court’s Standing Order for Pretrial Preparation, the

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exchange of documents called for in Section 1 of the Order was to have occurred by August 23,

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2011, but the parties agreed to wait until after the August 23, 2011 mediation to exchange these

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documents;

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

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PALO ALTO

DB2/ 22643952.1

JOINT STIPULATION AND [PROPOSED]
ORDER; CASE NO. C 10-01763 CW

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WHEREAS, pursuant to the Court’s Standing Order for Pretrial Preparation, the Parties

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currently must file by September 6, 2011 a joint pretrial conference statement and other

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documents required by Section 3 of the Order (i.e., exhibit list and objections, witness list, use of

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discovery responses, trial briefs, motions in limine, joint proposed voir dire and jury instructions,

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proposed verdict forms);

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WHEREAS, on August 26, 2011, the Court denied, without prejudice, the Parties’

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stipulated request to continue the pretrial document filing deadline by one week to September 13,

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2011 (Docket No. 65);

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WHEREAS, in light of the above factors, and pursuant to Civil Local Rules 6-1(b) and 6-

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2, the Parties have agreed to request a shorter (three day) continuance of the September 6, 2011

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pretrial document filing deadline;

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THEREFORE, the Parties, through their respective counsel of record, hereby

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STIPULATE to request that the Court continue the current September 6, 2011 pretrial filing to

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September 9, 2011.

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IT IS SO STIPULATED.

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DATE: August 31, 2011

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

DATE: August 31, 2011______

/s/ Megan Barry Borovicka
______________________________
Melinda S. Riechert
Megan Barry Borovicka
Morgan, Lewis & Bockius
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/ 22643952.1

JOINT STIPULATION AND [PROPOSED]
ORDER; CASE NO. C 10-01763 CW

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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For the reasons described in the Parties’ Joint Stipulation, the last day for the Parties for

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file the pretrial conference statement and other documents described in Section 3 of the Court’s

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Standing Order for Pretrial Preparation shall be continued by two days, to September 8, 2011.

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The Final Pretrial Conference remains unchanged on calendar for September 20, 2011 at

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2:00 p.m. The 8-day Jury Trial beginning on October 3, 2011 at 8:30 a.m. remains on calendar as

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previously ordered.

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9/1/2011
DATE: ________________________

_____________________________________
The Honorable Claudia Wilken
United States District Judge

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ATTESTATION

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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: _August 31, 2011

/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/ 22643952.1

JOINT STIPULATION AND [PROPOSED]
ORDER; CASE NO. C 10-01763 CW