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Fernandez v. K-M Industries Holding Co.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO AND OAKLAND DIVISION


July 23, 2008

THOMAS FERNANDEZ, LORA SMITH, AND TOSHA THOMAS, INDIVIDUALLY AND ON BEHALF OF A CLASS OF ALL OTHER PERSONS SIMILARLY SITUATED, PLAINTIFFS,
v.
K-M INDUSTRIES HOLDING CO., INC.; K-M INDUSTRIES HOLDING CO., INC. ESOP PLAN COMMITTEE; WILLIAM E. AND DESIREE B. MOORE REVOCABLE TRUST; TRUSTEES OF THE WILLIAM E. AND DESIREE B. MOORE REVOCABLE TRUST; CIG ESOP PLAN COMMITTEE; NORTH STAR TRUST COMPANY; DESIREE B. MOORE REVOCABLE TRUST; WILLIAM E. MOORE MARITAL TRUST; WILLIAM E. MOORE GENERATION-SKIPPING TRUST; AND DESIREE MOORE, BOTH IN HER INDIVIDUAL CAPACITY AND AS TRUSTEE OF THE WILLIAM E. AND DESIREE B. MOORE REVOCABLE TRUST'S SUCCESSOR TRUSTS NAMED ABOVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Claudia Wilken United States District Judge,

STIPULATION AND ORDER TO RE-NOTICE MOTIONS FOR SUMMARY JUDGMENT AND EXTEND TIME

WHEREAS, Defendants filed motions for summary judgment on June 26, 2008, noticing the motions for hearing on July 31, 2008;

WHEREAS, the motions are now fully briefed;

WHEREAS, the parties have agreed to a private mediation on August 18, 2008;

Accordingly IT IS HEREBY AGREED AND STIPULATED by the parties through their counsel of record, as follows:

1. The parties request that Defendants' motions for summary judgment shall be re- noticed for September 11, 2008;

2. The parties request that the Court extend the deadline for hearing on motions for summary judgment on the statute of limitations from July 31, 2008 until September 11, 2008.

Dated: July 17, 2008

Ronald Lovitt Attorneys for Defendant K-M Industries

Holding Co., Inc.; K-M Industries Holding Co., Inc. ESOP Plan Committee; and CIG ESOP Plan Committee

Dated: July 17, 2008

J. Michael Hennigan Attorneys for Defendant William E. and Desiree B. Moore Revocable Trust; Desiree B. Moore Revocable Trust; William E. Moore Marital Trust; William E. and Desiree B. Moore Revocable Trust Generation-Skipping Trust; and Desiree Moore

Dated: July 17, 2008

Nicole Diller Attorneys for Defendant North Star Trust Company

Dated: July 17, 2008

Todd Jackson Attorneys for Plaintiffs and the Class

IT IS SO ORDERED.

20080723

© 1992-2008 VersusLaw Inc.



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