Guenther v. Lockheed Martin Corporation et al

Filing 88

STIPULATION AND ORDER re 87 Stipulation to Continue Pretrial Deadlines; [Proposed] Order filed by Lockheed Martin Corporation Retirement Plan for Certain Salaried Employees, Lockheed Martin Corporation. All pretrial dates and deadlines in this action, including but not limited to the followingdeadlines, shall be continued until after the Court has ruled upon Defendants' Motion for Summary Judgment. Signed by Judge Edward J. Davila on 11/5/2013. (ecg, COURT STAFF) (Filed on 11/5/2013)

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R. Bradford Huss, No. 71303
Clarissa A. Kang, No. 210660
Blake E. Williams, No. 233158
TRUCKER  HUSS
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]

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Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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Attorneys for Defendants
LOCKHEED MARTIN CORPORATION
and LOCKHEED MARTIN CORPORATION
SALARIED EMPLOYEE RETIREMENT PROGRAM
(Sued as Lockheed Martin Corporation
Retirement Plan for Certain Salaried Employees)
Andrew F. Pierce, Esq. (State Bar No. 101889)
PIERCE & SHEARER LLP
2200 Geng Road, Suite 230
Palo Alto, CA 94303
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Plaintiff
CHARLES GUENTHER

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE BRANCH
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CHARLES GUENTHER, an individual,

Case No. 5:11-CV-00380-EJD

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Plaintiff,
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STIPULATION TO CONTINUE PRETRIAL
DEADLINES; [PROPOSED] ORDER
XXXXXXXX

vs.
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LOCKHEED MARTIN CORPORATION,
LOCKHEED MARTIN CORPORATION
RETIREMENT PLAN FOR CERTAIN
SALARIED EMPLOYEES, and DOES 1
through 30,

Location:
Judge:
Pretrial
Conference:
Time:

San Jose, Courtroom 4, 5th Floor
Hon. Edward J. Davila
November 15, 2013
11:00 a.m.

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Defendants.
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XXXXXX
STIPULATION TO CONTINUE PRETRIAL DEADLINES; [PROPOSED] ORDER;
Case No. 5:11-cv-00380-EJD
#1372692

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WHEREAS, the Court’s May 17, 2013 Pretrial Order (Docket #54) set deadlines for a Final

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Pretrial Conference on November 15, 2013; Joint Final Pretrial Conference Statement and Motions

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in Limine on November 1, 2013; Proposed Findings of Fact and Conclusions of Law on

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November 8, 2013; and Bench Trial on November 26, 2013;

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WHEREAS, on October 25, 2013 the Parties filed a stipulation (Docket #85) with the Court

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to continue the trial date in this matter until the Court has ruled on Defendants’ Motion for

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Summary Judgment (Docket #64) currently pending before the Court;

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WHEREAS, on October 28, 2013, the Court ordered (Docket #86) the trial date in this

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matter continued until at least 45 days after the Court has decided Defendants’ Motion for

Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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Summary Judgment;

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WHEREAS, the Parties’ stipulation continuing trial and the Court’s October 28, 2013

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Order did not specifically continue all pretrial dates and deadlines previously set by the Court, the

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Federal Rules of Civil Procedure, and the Local Rules;

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WHEREAS, the Parties wish to continue all pretrial deadlines and dates until after the

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Court has decided Defendants’ Motion for Summary Judgment and has set a new date for trial in

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this matter, if a trial is necessary.

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THEREFORE, the Parties hereby stipulate to the continuance of all pretrial dates and
deadlines currently set in this action, including but not limited to the following deadlines:

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

November 1, 2013 deadline to file the Joint Final Pretrial Conference Statement;

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

November 1, 2013 deadline to file Motions in Limine;

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

November 1, 2013 deadline for the Parties to exchange exhibits;

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

November 5, 2013 deadline to file Oppositions to Motions in Limine;

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

November 8, 2013 deadline to file Proposed Findings of Fact and Conclusions of Law

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

November 15, 2013 Final Pretrial Conference;

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

November 19, 2013 deadline to submit trial briefs.

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Each of these pretrial dates and deadlines shall be continued until after the Court’s ruling on the

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Motion for Summary Judgment, and will be reset by the Court if trial remains necessary in this

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action. Any additional dates or deadlines related to trial in this matter set by Order of this Court,
STIPULATION TO CONTINUE PRETRIAL DEADLINES; XXXXXXX ORDER;
[PROPOSED]
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Case No. 5:11-cv-00380-EJD

#1372692

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by the Local Rules, or by the Federal Rules of Civil Procedure not specifically enumerated above

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shall also be continued until after the Court’s ruling on the Motion for Summary Judgment.

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DATED: November 1, 2013
TRUCKER  HUSS

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By:/s/Clarissa A. Kang
Clarissa A. Kang
Attorneys for Defendants
LOCKHEED MARTIN CORPORATION
and LOCKHEED MARTIN
CORPORATION SALARIED EMPLOYEE
RETIREMENT PROGRAM

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Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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PIERCE & SHEARER, LLP

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DATED: November 1, 2013

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By:/s/Andrew F. Pierce
Andrew F. Pierce
Attorneys for Plaintiff
CHARLES GUENTHER

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I attest that I have obtained Mr. Pierce’s concurrence in the filing of this document.

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DATED: November 1, 2013
TRUCKER  HUSS

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By: /s/Clarissa A. Kang
Clarissa A. Kang
Attorneys for Defendants
LOCKHEED MARTIN CORPORATION
and LOCKHEED MARTIN
CORPORATION SALARIED EMPLOYEE
RETIREMENT PROGRAM

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STIPULATION TO CONTINUE PRETRIAL DEADLINES; [PROPOSED] ORDER;
XXXXXX
Case No. 5:11-cv-00380-EJD
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[PROPOSED] ORDER
XXXXXXXX
PURSUANT TO STIPULATION, IT IS SO ORDERED:

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All pretrial dates and deadlines in this action, including but not limited to the following

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deadlines, shall be continued until after the Court has ruled upon Defendants’ Motion for Summary

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Judgment:


November 1, 2013 deadline to file the Joint Final Pretrial Conference Statement;

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

November 1, 2013 deadline to file Motions in Limine;

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November 1, 2013 deadline for the Parties to exchange exhibits;

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

November 5, 2013 deadline to file Oppositions to Motions in Limine;

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Trucker  Huss
A Professional Corporation
One Embarcadero Center, 12th Floor
San Francisco, California 94111

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

November 8, 2013 deadline to file Proposed Findings of Fact and Conclusions of Law

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

November 15, 2013 Final Pretrial Conference;

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November 19, 2013 deadline to submit trial briefs.

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These dates and deadlines will only be reset by the Court if trial remains necessary in this

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action. Any additional dates or deadlines related to trial in this matter set by Order of this Court,

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by the Local Rules, or by the Federal Rules of Civil Procedure not specifically enumerated above

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shall also be continued until after the Court’s ruling on the Motion for Summary Judgment.

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DATED:

11/5/2013
HONORABLE EDWARD J. DAVILA
Judge of the United States District Court

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XXXXXX
STIPULATION TO CONTINUE PRETRIAL DEADLINES; [PROPOSED] ORDER;
Case No. 5:11-cv-00380-EJD
#1372692

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