UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
March 4, 2013
HILDA L. SOLIS, SECRETARY OF THE UNITED STATES DEPARTMENT OF LABOR,
DENNIS WEBB, MATTHEW FIDIAM, J.
ROBERT GALLUCCI, CONSULTING CONFERENCE FIDUCIARIES, INC., AND THE PARROT CELLULAR EMPLOYEE STOCK OWNERSHIP PLAN,
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 approving this request:
1. The April 4, 2013 hearings on the Secretary's Motions to Strike the Defendants' 24 Affirmative Defenses [Dkt. ## 49, 74, 76] shall be continued to July 25, 2013 at 1:30 p.m., or such 25 other time as convenient for the Court;
2. Likewise, the April 4, 2013 hearing on Defendants Fidiam's, Gallucci's, and the ESOP's Motion to Correct Order [Dkt. # 66] shall be continued to July 25, 2013 at 1:30 p.m., or such other time as convenient for the Court;
3. The Further Case Management Conference shall be continued from March 14, 2013 to July 25, 2013 and follow the hearings on the above-described Motions;
4. The parties shall file a Further Case Management Conference statement on or 4 before July 18, 2013; and
5. The time for completing the settlement conference stated in the Court's November 6 29, 2012 Order [Dkt. # 78] shall be extended to June 22, 2013, the day after the presently- 7 scheduled settlement conference with Magistrate Judge LaPorte , or the date following any such 8 settlement conference as continued by Magistrate Judge LaPorte due to the unavailability of 9 Defendant Webb on June 21, 2013.
Based on the parties' above-stated representations, and for good cause shown, it is hereby ordered:
1. The April 4, 2013 hearings on the Secretary's Motions to Strike the Defendants' Affirmative Defenses [Dkt. ## 49, 74, 76] and on Fidiam's, Gallucci's, and the ESOP's Motion to Correct Order [Dkt. # 66] shall be continued to July 25, 2013 at 1:30 p.m.
2. The Further Case Management Conference set for March 14, 2013 shall be continued to July 25, 2013 and follow the hearings on the above-described Motions;
3. The parties shall file a Further Case Management Conference statement on or before July 18, 2013; and
4. The parties shall complete the settlement conference in this matter on or before June 22, 2013 or as soon thereafter as Magistrate Judge LaPorte may reschedule the settlement conference due to the unavailability of Defendant Webb on June 21, 2013.
PURSUANT TO STIPULATION,
IT IS SO ORDERED:
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