Opinion
Case No. 11-CV-3620 WHA
10-18-2011
INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 39 STATIONARY ENGINEERS, individually and on behalf of all others similarly situated, Plaintiff, v. THE BANK OF NEW YORK MELLON CORPORATION, THE BANK OF NEW YORK MELLON, THE BANK OF NEW YORK COMPANY, INC., THE BANK OF NEW YORK, and THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, Defendants.
Michael P. Lehmann (State Bar No. 77152) Christopher L. Lebsock (State Bar No. 184546) HAUSFELD LLP Richard M. Heimann (State Bar No. 063607) Lexi J. Hazam (State Bar No. 224457) Robert L. Lieff (State Bar No. 037568) (Of Counsel) LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Attorneys for Plaintiff and the Proposed Class Charles E. Davidow Attorneys for All Defendants
Michael P. Lehmann (State Bar No. 77152)
Christopher L. Lebsock (State Bar No. 184546)
HAUSFELD LLP
Richard M. Heimann (State Bar No. 063607)
Lexi J. Hazam (State Bar No. 224457)
Robert L. Lieff (State Bar No. 037568) (Of Counsel)
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
Attorneys for Plaintiff and the Proposed Class
STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES TO RESPOND TO DEFENDANTS' MOTION TO DISMISS
WHEREAS, Plaintiff filed a Class Action Complaint against Defendants on July 22, 2011 (Dkt. No. 1);
WHEREAS, on August 29, 2011, the parties stipulated pursuant to N.D. Cal. L. Rule 6.1 to extend the time for the Defendants to answer or otherwise respond to the Complaint until October 7, 2011 (Dkt. No. 11);
WHEREAS, Defendants moved to dismiss the Complaint on October 7, 2011 (Dkt. No. 29);
WHEREAS, Plaintiffs wish to have a similar additional amount of time to respond to the motion to dismiss as Defendants had in preparing it, given the issues raised in that motion, and
WHEREAS, the motion was noticed for a hearing on November 17, 2011, the same day on which the Clerk of the Court noticed an Initial Case Management Conference in this case (Dkt. No. 14);
IT IS HEREBY STIPULATED, pursuant to Civil Local Rule 6-2, that the parties to the above-referenced action agree and respectfully request that this Court order that the schedule related to the October 7, 2011, Motion to Dismiss the Class Action Complaint (Dkt. No. 28), filed by Defendants The Bank of New York, The Bank of New York Company, Inc., The Bank of New York Mellon, The Bank of New York Mellon Corporation, The Bank of New York Mellon Trust Company National Association be amended as follows:
• Responses due by November 4, 2011.
• Replies due by November 22, 2011.
• Motion Hearing requested for December 15, 2011 at 08:00 AM in Courtroom 8, 19th Floor, San Francisco before Hon. William Alsup, or at such other time ordered by the Court.
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
Charles E. Davidow
Attorneys for All Defendants
HAUSFELD LLP
Michael P. Lehmann
Attorneys for Plaintiff
Attestation: The filer of this document attests that the concurrence of the other signatory thereto has been obtained. PURSUANT TO STIPULATION, IT IS SO ORDERED.
William Alsup
UNITED STATES DISTRICT JUDGE