MONK v. TEACHERS INSURANCE AND ANNUITY ASSOCIATION OF AMERICA (TIAA-CREF) et al

Filing 24

ORDER GRANTING AS MODIFIED 23 SECOND STIPULATION to Extend Deadline to Amend Complaint and Hearing Date. Amended Pleadings due by 6/19/2015. Motion Hearing set for 7/24/2015 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 5/20/15. (jjoS, COURT STAFF) (Filed on 5/20/2015)

Case4:14-cv-04732-JSW Document23 Filed05/19/15 Page1 of 4

1 ADISHIAN LAW GROUP, P.C.
Christopher M. Adishian (State Bar No. 172511)
2 Email: [e-mail]
Pacific Corporate Towers
3 222 N. Sepulveda Blvd., Suite 2000
El Segundo, California 90245
4 Telephone:
[phone]
Facsimile:
[phone]
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Attorneys for Plaintiff Curtis Monk, Jr.
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7 BART H. WILLIAMS (State Bar No. 134009)
[e-mail]
8 MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
9 Thirty-Fifth Floor
Los Angeles, California 90071-1560
[phone]
10 Telephone:
Facsimile:
[phone]
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MALCOLM A. HEINICKE (State Bar No. 194174)
12 [e-mail]
MARJA-LIISA OVERBECK (State Bar No. 261707)
13 [e-mail]
MUNGER, TOLLES & OLSON LLP
14 560 Mission Street
Twenty-Seventh Floor
15 San Francisco, California 94105-2907
Telephone:
[phone]
[phone]
16 Facsimile:
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Attorneys for Defendant TIAA-CREF
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

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22 CURTIS MONK, JR.,

Case No. 3:14-cv-04732-JSW

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SECOND JOINT STIPULATION AND
[PROPOSED] ORDER TO EXTEND
DEADLINE TO AMEND COMPLAINT
AND HEARING DATE
AS MODIFIED HEREIN
Judge: Hon. Jeffrey S. White

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Plaintiff,
vs.

25 TEACHERS INSURANCE AND ANNUITY
ASSOCIATION OF AMERICA (TIAA26 CREF); TIAA-CREF TRUST COMPANY,
FSB; and DOES 1-50, Inclusive,
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Defendants.
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3:14-cv-04732-JSW
SECOND JOINT STIPULATION TO EXTEND DEADLINE TO AMEND COMPLAINT AND HEARING DATE

Case4:14-cv-04732-JSW Document23 Filed05/19/15 Page2 of 4

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WHEREAS, Plaintiff Curtis Monk, Jr. brings this action against Defendants

2 Teachers Insurance and Annuity Association Of America (TIAA-CREF) and TIAA-CREF Trust
3 Company, FSB (“Defendants”) asserting various employment law claims;
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WHEREAS, on January 23, 2015 this Court held a Case Management Conference

5 during which conference the Court established certain deadlines, including the deadline to amend
6 pleadings (originally set for May 15, 2015) and a hearing on Defendants’ motion re: payment
7 without regulatory approval (originally set for June 5, 2015) (ECF No. 16);
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WHEREAS, on April 27, 2015 the parties filed, and this Court granted, a Joint

9 Stipulation to Extend Deadline to Amend Complaint and Hearing Date (ECF Nos. 21, 22),
10 extending the deadline to amend pleadings (now set for June 5, 2015) and a hearing on
11 Defendants’ motion re: payment without regulatory approval (now set for June 26, 2015);
WHEREAS, the Parties are continuing to meet and confer on (1) Plaintiff’s stated

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13 intent to dismiss some claims against the current Defendants without prejudice and also add
14 individual defendants to the matter and associated claims against them, and Plaintiff reserves his
15 right to do so; and (2) efforts to avoid the need for motion practice concerning arbitration and
16 other issues;
WHEREAS, the extensions requested here will have no effect on the trial date or

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18 any other case deadlines established by the Court; and
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WHEREAS, in order to preserve the time and resources of the Court and of the

20 Parties while the Parties continue to meet and confer, good cause exists to continue these two
21 pending dates;
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and

23 among the respective Parties hereto, that: Subject to the approval of the Court, the deadline to
24 amend pleadings and the hearing date on Defendants’ motion re: payment without regulatory
25 approval each be continued by fourteen (14) days, or as the Court’s schedule permits.
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IT IS SO STIPULATED.

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3:14-cv-04732-JSW
-1SECOND JOINT STIPULATION TO EXTEND DEADLINE TO AMEND COMPLAINT AND HEARING DATE

Case4:14-cv-04732-JSW Document23 Filed05/19/15 Page3 of 4

1 DATED: May 19, 2015
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ADISHIAN LAW GROUP, P.C.
CHRISTOPHER M. ADISHIAN

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4

By:

/s/ Christopher M. Adishian
CHRISTOPHER M. ADISHIAN
Attorneys for Curtis Monk, Jr.

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7 DATED: May 19, 2015
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MUNGER, TOLLES & OLSON LLP
MALCOLM A. HEINICKE
MARJA-LIISA OVERBECK

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By:

/s/ Malcolm A. Heinicke
MALCOLM A. HEINICKE
Attorneys for TIAA-CREF
FILER’S ATTESTATION
Pursuant to Local Rule 5-1(i)(3), regarding signatures, I attest that concurrence in

15 the filing of the document has been obtained from each of the other signatories listed above.
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-2SECOND JOINT STIPULATION TO EXTEND DEADLINE TO AMEND COMPLAINT AND HEARING DATE

Case4:14-cv-04732-JSW Document23 Filed05/19/15 Page4 of 4

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[PROPOSED] ORDER
The Court, having considered the Parties’ Supplemental Joint Stipulation to Extend Certain

3 Case Deadlines, and good cause appearing therefore, hereby ORDERS that: the deadline to
4 amend pleadings (currently set for June 5, 2015) is continued to June 19, 2015, and the hearing on
5 Defendants’ motion re: payment without regulatory approval (currently set for June 26, 2015) is
July 24, 2015
6 continued to July 10, 2015 at 9:00 a.m. The adjustment to the hearing date shall not alter the deadlines by
which the Defendants shall file the motion.
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8 DATED: May 20, 2015
9

The Honorable Jeffrey S. White

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3:14-cv-04732-JSW
-3SECOND JOINT STIPULATION TO EXTEND DEADLINE TO AMEND COMPLAINT AND HEARING DATE