Opinion
Case No. 08-04058 EMC
11-21-2011
QUILLER BARNES, Plaintiff, v. AT&T PENSION BENEFIT PLAN - NONBARGAINED PROGRAM, Defendant.
R. Joseph Barton, CA Bar No. 212340 Bruce F. Rinaldi, CA Bar No. 55133 Robyn M. Swanson, Admitted Pro Hac Vice COHEN MILSTEIN SELLERS & TOLL P LLC Attorneys for Plaintiff & the Class Patrick W. Shea, Admitted Pro Hac Vice, NY Bar No. 4587176 PAUL, HASTINGS, JANOFSKY & WALKER LLP Attorneys for Defendant [Additional counsel listed on the next page] Michelle L. Roberts, CA Bar No. 239092 Claire Kennedy-Wilkins, CA Bar No. 231897 SPRINGER-SULLIVAN & ROBERTS LLP Attorneys for Plaintiff & the Class QUILLER BARNES Stephen H. Harris, CA Bar No. 184608 M'Alyssa C. Mecenas, CA Bar No. 272075 PAUL, HASTINGS, JANOFSKY & WALKER LLP Regan A.W. Herald, CA Bar No. 251879 PAUL, HASTINGS, JANOFSKY & WALKER LLP Attorneys for Defendant AT&T PENSION BENEFIT PLAN - NONBARGAINED PROGRAM
R. Joseph Barton, CA Bar No. 212340
Bruce F. Rinaldi, CA Bar No. 55133
Robyn M. Swanson, Admitted Pro Hac Vice
COHEN MILSTEIN SELLERS & TOLL P LLC
Attorneys for Plaintiff & the Class
Patrick W. Shea, Admitted Pro Hac Vice, NY Bar No. 4587176
PAUL, HASTINGS, JANOFSKY & WALKER LLP
Attorneys for Defendant
[Additional counsel listed on the next page]
JOINT STIPULATION AND [PROPOSED]
ORDER RE CASE SCHEDULE
Judge Edward M. Chen
Michelle L. Roberts, CA Bar No. 239092
Claire Kennedy-Wilkins, CA Bar No. 231897
SPRINGER-SULLIVAN & ROBERTS LLP
Attorneys for Plaintiff & the Class
QUILLER BARNES
Stephen H. Harris, CA Bar No. 184608
M'Alyssa C. Mecenas, CA Bar No. 272075
PAUL, HASTINGS, JANOFSKY & WALKER LLP
Regan A.W. Herald, CA Bar No. 251879
PAUL, HASTINGS, JANOFSKY & WALKER LLP
Attorneys for Defendant
AT&T PENSION BENEFIT PLAN - NONBARGAINED PROGRAM
Plaintiff Quiller Barnes and Defendant AT&T Pension Benefit Plan - NonBargained Program (collectively the "Parties") through their respective counsel stipulate as follows:
WHEREAS, on July 25, 2011, the Court ordered that the parties submit a stipulation regarding the new briefing schedule on the cross motions for summary judgment (to follow shortly after completion of settlement conference.) (Dkt. No. 265);
WHEREAS, the Parties completed a settlement conference with Magistrate Judge Maria-Elena James on November 16, 2011 but were unable to settle the case (Dkt. No. 281);
WHEREAS the Court also ordered the Parties to submit a Joint Stipulation setting forth a briefing schedule for summary judgment by no later than November 21, 2011 (Dkt. No. 277);
WHEREAS, the Parties have met and conferred regarding the briefing schedule on cross motions for summary judgment;
WHEREAS, the parties previously requested in their joint case management statement of June 22, 2011 (Dkt. No. 258), that the Court increase the number of allowable pages in light of the proposed consolidated briefing schedule to:
• 50 pages for Defendant's combined Cross-Motion and Opposition (the total number of combined pages Defendant normally would have available under Civil Local Rules 7-2(b) and 7-4(b) for both a Motion for Summary Judgment and an Opposition), and
• 40 pages for Plaintiff's combined Opposition and Reply (the total number of combined pages Plaintiff normally would have available under Civil Local Rule 7-4(b) for both an Opposition and a Reply).
IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES that the following summary judgment briefing schedule shall apply:
1. Plaintiff's Motion for summary judgment on the question of Plan interpretation and standard of review to be filed by no later than January 13, 2012;
2. Defendant's combined Cross-Motion and Opposition to be filed by no later than February 3, 2012;
3. Plaintiff's combined Opposition and Reply to be filed by no later than February 28, 2012;
4. Defendant's Reply to be filed by no later than March 13, 2012; and
5. Hearing on Motions will be held on March 30, 2012.
6. The following page limitations apply for the parties combined briefing:
a. 40 pages for Defendant's combined Cross-Motion and Opposition, and
b. 25 pages for Plaintiff's combined Opposition and Reply.
COHEN MILSTEIN SELLERS & TOLL PLLC
By: _______________
R. Joseph Barton
Attorneys for Plaintiff & Class
PAUL, HASTINGS, JANOFSKY & WALKER LLP
By: _______________
Patrick W. Shea
Attorneys for Defendant
PURSUANT TO STIPULATION, IT IS SO ORDERED. (as modlfied above - Lines 4-6)
SIGNATURE ATTESTATION
I, Michelle L. Roberts, hereby attest that concurrence in the filing of the document has been obtained from the other signatories on this document.
_______________
MICHELLE L. ROBERTS