Eddings v. Eddings et al

Filing 24

STIPULATION AND ORDER CONTINUING FILING DEADLINE FOR AMENDED COMPLAINT re 23 . Signed by Judge Jeremy Fogel on 6/7/10. (dlm, COURT STAFF) (Filed on 6/14/2010)

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Robert J. Pitman, State Bar No. 43039 SEGRETTI & PITMAN 21 W. Alisal St., Suite 100 Salinas, CA 93901 Tel: [phone] Fax: [phone] Email: [e-mail] Gregory M. Fox, State Bar No. 070876 BERTRAND, FOX & ELLIOT The Waterfront Building 2749 Hyde Street San Francisco, California 94109 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff/Respondent JAMES EDDINGS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JULIA A. EDDINGS, Petitioner, vs. JAMES EDDINGS, Respondent. JAMES EDDINGS, vs. Plaintiff, Case No.: C09-5549 JF -----------------STIPULATION AND [PROPOSED] ORDER TO CONTINUE FILING DEADLINE FOR AMENDED COMPLAINT

FIDELITY EMPLOYER SERVICES CO. LLC; AT&T PENSION BENEFIT PLAN, Defendants.

After the hearing on defendants FIDELITY EMPLOYER SERVICE CO. LLC and AT&T PENSION BENEFIT PLAN'S motion to dismiss, the Court issued its April 19, 2010 Order granting defendants' motions, but permitting an amended complaint to be filed within thirty (30) days of the
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STIPULATION AND [PROPOSED] ORDER EXTENDING FILING DEADLINE FOR AMENDED COMPLAINT

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date defendants provided plaintiff with a copy of the AT&T Pension Benefit Plans as they existed in 1992 and 2009. These were provided by mail to plaintiff by AT&T's counsel John Curley on May 3, 2010 and all counsel agreed at that time that any amended complaint was to be e-filed by June 7, 2010. Within the past two weeks, co-counsel for plaintiff Robert Pittman has had to undergo surgery and has been unavailable. Plaintiff's counsel also intends to associate another attorney with

experience in ERISA matters. Given these considerations, plaintiff's counsel Gregory M. Fox has requested, and all other counsel have consented to, a three week extension in which to file an amended complaint, to and including June 28, 2010. SO STIPULATED.

Dated: June 2, 2010

BERTRAND, FOX & ELLIOT

By:

/s/ Gregory M. Fox Attorneys for Respondent/Plaintiff JAMES EDDINGS GREENBERG TRAURIG, LLP

Dated: June 2, 2010 By:

/s/ James M. Nelson Attorneys for Defendant FIDELITY EMPLOYER SERVICES CO. LLC AT&T SERVICES, INC. ­ LEGAL DEPARTMENT

Dated: June 2, 2010 By:

/s/ John H. Curley, Esq. Attorneys for Defendant AT&T PENSION BENEFIT PLAN

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STIPULATION AND [PROPOSED] ORDER EXTENDING FILING DEADLINE FOR AMENDED COMPLAINT

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Dated: June 2, 2010 By: /s/ Billie Chrystine French Attorney for Petitioner JULIA EDDINGS ORDER Good cause therefor appearing, the Court extends its deadline to efile an amended complaint by plaintiff JAMES EDDINGS to June 28, 2010. IT IS SO ORDERED. 7 Dated: June ____ , 2010 Honorable Jeremy Fogel

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STIPULATION AND [PROPOSED] ORDER EXTENDING FILING DEADLINE FOR AMENDED COMPLAINT