Opinion
MORGAN, LEWIS & BOCKIUS LLP,
D. WARD KALLSTROM, State Bar No. 76937.
NICOLE A. DILLER, State Bar No. 154842.
DONALD P. SULLIVAN, State Bar No. 191080, San Francisco, CA, Attorneys for Defendants.
SCHLICHTER BOGARD & DENTON, By/S/ Daniel Conlisk (as authorized on 01/11/06), Daniel Conlisk, Attorneys for Plaintiff.
STIPULATION AND [PROPOSED] ORDER CONTINUING DEPOSITION, FURTHER CASE MANAGEMENT CONFERENCE AND HEARINGS ON DEFENDANTS' MOTION TO DISMISS AND PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
CHARLES R. BREYER, District Judge.
WHEREAS, Defendants Bechtel Corporation ("Bechtel"), the Bechtel Trust & Thrift Plan Committee ("Committee"), Peggi Knox ("Knox"), and Pat Damsgaard (erroneously sued as "Pam Damsgaard") ("Damsgaard"), (collectively, "Defendants"), filed a Motion to Dismiss Plaintiffs' First Amended Complaint for Breach of Fiduciary Duty and to Strike Plaintiffs' Demand for a Jury Trial and Defective Allegations of Fraudulent Concealment ("Motion to Dismiss") in this action on December 11, 2006, with a noticed hearing date of February 16, 2007;
WHEREAS, Plaintiffs Beverly Kanawi and Salvador Aquino ("Plaintiffs") filed a Motion for Class Certification on December 14, 2007, with a noticed hearing date of January 19, 2007;
WHEREAS, at the December 15, 2007 Case Management Conference in this action, the Court ordered that the depositions of Plaintiffs be completed during the week of January 8, 2007, and that the hearing on Plaintiffs' Motion for Class Certification be continued from January 19, 2007 to February 16, 2007;
WHEREAS, also at the December 15, 2007 Case Management Conference, the Court set a Further Case Management Conference for February 16, 2007;
WHEREAS, Defendants have taken the deposition of Plaintiff Aquino, but have not been able to take the deposition of Plaintiff Kanawi due to her inability to obtain time off work; and,
WHEREAS, Defendants need to complete class discovery and obtain the transcripts from the depositions of the proposed class representatives before responding to Plaintiffs' Motion for Class Certification.
NOW THEREFORE, FOR GOOD CAUSE SHOWN, THE PARTIES HEREBY STIPULATE and AGREE that:
(a) Plaintiff Beverly Kanawi's deposition may be taken anytime on or before January 18, 2007;
(b) The February 16, 2007 Further Case Management Conference shall be continued to March 2, 2007;
(c) The February 16, 2007 hearings on Defendants' Motion to Dismiss and Plaintiffs' Motion for Class Certification shall be continued to March 2, 2007;
(d) Plaintiffs shall file any brief in opposition to Defendants' Motion to Dismiss on or before January 19, 2007;
(e) Defendants shall file any brief in reply to Plaintiffs' opposition to Defendants' Motion to Dismiss on or before February 16, 2007;
(f) Defendants shall file any brief in opposition to Plaintiffs' Motion for Class Certification on or before February 9, 2007; and
(g) Plaintiffs shall file any brief in reply to Defendants' opposition to Plaintiffs' Motion to Class Certification on or before February 16, 2007.
IT IS SO STIPULATED:
[PROPOSED] ORDER
Having reviewed the parties' Stipulation and [Proposed] Order Continuing Deposition, Further Case Management Conference and Hearings on Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint and Plaintiffs' Motion For Class Certification, and GOOD CAUSE APPEARING for the relief requested therein, it is hereby Ordered that:
(a) Plaintiff Beverly Kanawi's deposition may be taken anytime on or before January 18, 2007;
(b) The February 16, 2007 Further Case Management Conference shall be continued to March 2, 2007;
(c) The February 16, 2007 hearings on Defendants' Motion to Dismiss and Plaintiffs' Motion for Class Certification shall be continued to March 2, 2007;
(d) Plaintiffs shall file any brief in opposition to Defendants' Motion to Dismiss on or before January 19, 2007;
(e) Defendants shall file any brief in reply to Plaintiffs' opposition to Defendants' Motion to Dismiss on or before February 16, 2007;
(f) Defendants shall file any brief in opposition to Plaintiffs' Motion for Class Certification on or before February 9, 2007; and
(g) Plaintiffs shall file any brief in reply to Defendants' opposition to Plaintiffs' Motion to Class Certification on or before February 16, 2007.
IT IS SO ORDERED: