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
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 ...