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Hilda L. Solis, Secretary of the United States Department of Labor v. Dennis Webb

March 4, 2013

HILDA L. SOLIS, SECRETARY OF THE UNITED STATES DEPARTMENT OF LABOR,
PLAINTIFF,
v.
DENNIS WEBB, MATTHEW FIDIAM, J.
ROBERT GALLUCCI, CONSULTING CONFERENCE FIDUCIARIES, INC., AND THE PARROT CELLULAR EMPLOYEE STOCK OWNERSHIP PLAN,
DEFENDANTS.



The opinion of the court was delivered by: The Hon. Edward M. Chen United States District Judge

RALPH W. ROBINSON (SBN 51436) Email: Ralph.Robinson@WilsonElser.com DONALD P. SULLIVAN (SBN 191080) Email: Donald.Sullivan@WilsonElser.com WILSON, ELSER, MOSKOWITZ, 525 Market Street, 17th Floor San Francisco, CA 94105 Telephone: (415) 433-0990 Facsimile: (415) 434-1370 Attorneys for Defendant CONSULTING FIDUCIARIES, INC. EDELMAN & DICKER LLP

STIPULATED REQUEST AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND HEARING DATES ON PENDING MOTIONS DUE TO JUDGE LaPORTE'S CONTINUANCE OF THE PREVIOUSLY-SCHEDULED SETTLEMENT Date: March 14, 2013 18 Time: 10:30 a.m. Courtroom: 5

STIPULATION

WHEREAS, on November 15, 2012, this Court entered a Scheduling Order following the 23 initial Case Management Conference in this action ordering the parties to complete either a private 24 mediation or settlement conference with a magistrate judge within 120 days of the Order. See Dkt. 25 # 72;

WHEREAS, in the same Scheduling Order, this Court set a further Case Management Conference for March 14, 2013 at 10:30 a.m. Id.;

WHEREAS, on November 29, 2012, this Court referred this matter to U.S. Magistrate Judge LaPorte for a settlement conference and ordered the parties to complete the settlement conference within 120 days of the date of the referral. See Dkt. # 78.

WHEREAS, Magistrate Judge LaPorte set a settlement conference in the matter for 4 February 27, 2013. See Dkt. # 85;

WHEREAS, the settlement of the action at the settlement conference would moot the need 6 for the hearings on the Secretary's Motions to Strike the Defendants' Affirmative Defenses [Dkt. 7 ## 49, 74, 76] and on Defendants Fidiam's, Gallucci's, and the ESOP's Motion to Correct Order 8 [Dkt. # 66] (collectively, "the Motions"). Hence, the parties submitted a stipulation and proposed 9 order seeking to continue the hearings on those matters from January 17, 2013 to a date after the 10 February 27, 2013 settlement conference with Magistrate Judge LaPorte. See Dkt. # 86;

WHEREAS, the Court granted the parties' request and continued the hearings on the 12 motions to April 4, 2013. See Dkt. No. 87;

WHEREAS, on February 11, 2013, Magistrate Judge LaPorte continued the settlement 14 conference sua sponte from February 27, 2013 to June 21, 2013. See Dkt. # 88;

WHEREAS, Defendant Webb is unable to attend the settlement conference on June 21, 16 2013 and intends to request that the June 21, 2013 date be changed;

WHEREAS, a settlement of the case at the settlement conference with Magistrate Judge 18 LaPorte would moot the need for hearings on the Motions; and

WHEREAS, the parties still wish to conserve the Court's and their time and resources by 20 continuing the hearings on the Motions until a date after the settlement conference.

WHEREFORE, the parties stipulate as follows and request that the Court enter an order 22 ...


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