Haley v. Cohen & Steers Capital Management, Inc. et al

Filing 185

STIPULATION AND ORDER re 160 STIPULATION WITH PROPOSED ORDER TO ENLARGE TIME FOR THE PARTIES TO FILE OPPOSITION AND REPLY BRIEFS FOR PLAINTIFF JANET HALEYS MOTION FOR LEAVE OF COURT TO TAKE ADDITIONAL DEPOSITION TESTIMONY FROM TERRANCE OBER AND TO TAKE THE DEPOSITIONS OF MARTIN COHEN, ROBERT STEERS, FRANK POLI ANDSALVATORE RAPPA, filed by Cohen & Steers Capital Management, Inc. Signed by Judge Elizabeth D Laporte on 1/23/2012. (kns, COURT STAFF) (Filed on 1/23/2012)

1
2
3

SHEA LAW OFFICES
Mary Shea Hagebols (SBN 113222) [e-mail]
1814 Franklin Street, Suite 800
Oakland, CA 94612
Telephone: [phone]
Facsimile: 415-520-9407

4
5
6
7

VAN DE POEL, LEVY & ALLEN LLP
Jeffrey W. Allen (SBN 099240) [e-mail]
Nina Paul (SBN 249954) [e-mail]
1600 South Main Plaza, Suite 325
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: 925-934-6060

8
9
10
11
12
13
14

Attorneys for Plaintiff
JANET HALEY
SEYFARTH SHAW LLP
Francis J. Ortman III (SBN 213202) [e-mail]
Matthew J. Mason (SBN 271344) [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
COHEN & STEERS CAPITAL MANAGEMENT, INC.

15
16
17
18
19

AKIN GUMP STRAUSS HAUER & FELD LLP
Catherine A. Conway (SBN 98366) [e-mail]
2029 Century Park East, Suite 2400
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
DAVID EDLIN

20
21

UNITED STATES DISTRICT COURT

22

IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

23

OAKLAND

24
25
26
27
28

JANET HALEY,

)
)
Plaintiff,
)
)
v.
)
)
COHEN & STEERS CAPITAL
)
MANAGEMENT, INC., A New York
)
Corporation Doing Business in California; and )

Case No. C10-03856-PJH
STIPULATION TO ENLARGE TIME
FOR THE PARTIES TO FILE
OPPOSITION AND REPLY BRIEFS
FOR PLAINTIFF JANET HALEY’S
MOTION FOR LEAVE OF COURT TO
TAKE ADDITIONAL DEPOSITION
TESTIMONY FROM TERRANCE

1
Stipulation to Enlarge Time to Oppose/Reply Plaintiff’s Motion for Leave of Court / Case No. C10-03856-PJH

1

DAVID EDLIN, an individual,

2

Defendants.

3

)
)
)
)
)
)

OBER AND TO TAKE THE
DEPOSITIONS OF MARTIN COHEN,
ROBERT STEERS, FRANK POLI AND
SALVATORE RAPPA

4
IT IS HEREBY STIPULATED, by and among Plaintiff JANET HALEY (“Plaintiff”),

5
6

Defendant COHEN & STEERS CAPITAL MANAGEMENT, INC. (“Cohen & Steers”) and

7

Defendant DAVID EDLIN (“Edlin”) (collectively the “Parties”), through their respective

8

undersigned counsel, as follows:

9

WHEREAS, the Parties have, given the recent non-expert discovery cutoff, engaged in

10

extensive motion practice in the preceding weeks, including (1) Plaintiff Janet Haley’s Motion

11

for Leave of Court to Take Additional Deposition Testimony from Terrance Ober and to Take

12

the Depositions of Martin Cohen, Robert Steers, Frank Poli, and Salvatore Rappa (“Motion for

13

Leave”) (filed January 10, 2012, Dkt. No. 141); (2) Plaintiff Janet Haley’s Motion for

14

Administrative Relief for Extension of the Non-Expert Discovery Cutoff for the Limited Purpose

15

of Completing the Deposition of Terrance Ober and Taking the Depositions of Martin Cohen,

16

Robert Steers, Frank Poli, and Salvatore Rappa (and associated Oppositions) (Dkt. Nos. 145,

17

148, 149); (3) Plaintiff’s Administrative Motion to File Under Seal (Dkt. No. 150); (4)

18

Defendants’ Motion to Compel Authorization for the Release of Plaintiff’s EDD Records (to be

19

filed on January 20, 2012); (5) Defendants’ Motion for Evidentiary and Monetary Sanctions with

20

Respect to Untimely Rule 26 Disclosures (to be filed on January 20, 2012); and (6) Plaintiff

21

Janet Haley’s Motion to Compel Responses to Requests for Production and Physical Production

22

of David Edlin’s Cellular Telephone (to be filed on January 20, 2012).
WHEREAS, Plaintiff’s deadline to file her Opposition to Defendant David Edlin’s

23
24

Motion for Summary Judgment was January 18, 2012 and Edlin’s deadline to file his Reply to

25

Plaintiff’s Opposition to Defendant David Edlin’s Motion for Summary Judgment is January 25,

26

2012;

27
28

WHEREAS, on Thursday, January 19, 2012, the Court entered a Clerk’s Notice resetting
the hearing on Plaintiff’s Motion for Leave from February 14, 2012 to March 20, 2012;
2
Stipulation to Enlarge Time to Oppose/Reply Plaintiff’s Motion for Leave of Court / Case No. C10-03856-PJH

1

WHEREAS, the Parties are in agreement that all Parties have spent and will continue to

2

spend significant time on the above-mentioned motions and that no party will be prejudiced by

3

an enlargement of time for Defendants to file any Opposition to Plaintiff’s Motion for Leave or

4

for Plaintiff to File any Reply to Defendants’ Opposition;

5

IT IS HEREBY STIPULATED AND AGREED by and among the Parties, through their

6

respective undersigned counsel, that the filing deadlines for Defendants’ Opposition and

7

Plaintiff’s Reply shall be extended by two weeks, meaning Defendants’ Opposition must be filed

8

on or before Tuesday, February 7, 2012, and Plaintiff’s Reply must be filed on or before

9

Tuesday, February 14, 2012.

10
11
12

IT IS SO STIPULATED.
DATED: January 20, 2012

SHEA LAW OFFICES

13

By:

/s/ Mary Shea Hagebols
Mary Shea Hagebols
Attorney for Plaintiff
JANET HALEY

14
15
16

DATED: January 20, 2012

VAN DE POEL, LEVY & ALLEN LLP

17

By:

/s/ Jeffrey W. Allen
Jeffrey W. Allen
Attorneys for Plaintiff
JANET HALEY

18
19
20

DATED: January 20, 2012

SEYFARTH SHAW LLP

21

By:

/s/ Matthew J. Mason
Matthew J. Mason
Attorneys for Defendant
COHEN & STEERS CAPITAL
MANAGEMENT, INC.

22
23
24

DATED: January 20, 2012

AKIN GUMP STRAUSS HAUER & FELD
LLP

25
26

By:

/s/ Damien P. Delaney
Damien P. Delaney
Attorney for Defendant
DAVID EDLIN

27
28
3

Stipulation to Enlarge Time to Oppose/Reply Plaintiff’s Motion for Leave of Court / Case No. C10-03856-PJH

[PROPOSED] ORDER

1
2
3
4

The parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, IT IS
HEREBY ORDERED that:
The filing deadlines for Defendants’ Opposition to Plaintiff Janet Haley’s Motion for

5

Leave of Court to Take Additional Deposition Testimony from Terrance Ober and to Take the

6

Depositions of Martin Cohen, Robert Steers, Frank Poli, and Salvatore Rappa and Plaintiff’s

7

Reply shall be extended by two weeks, meaning Defendants’ Opposition must be filed on or

8

before Tuesday, February 7, 2012, and Plaintiff’s Reply must be filed on or before Tuesday,

9

February 14, 2012.

10
11

IT IS SO ORDERED.
January 23, 2012
DATED: _______________________
MAGISTRATE JUDGE ELIZABETH D. LAPORTE
UNITED STATES DISTRICT COURT

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

14114191v.1 / 73229-000002

4
Stipulation to Enlarge Time to Oppose/Reply Plaintiff’s Motion for Leave of Court / Case No. C10-03856-PJH