Opinion
Case No. C-11-03828 EMC
11-21-2011
JOHN SENDER, Plaintiff, v. FRANKLIN RESOURCES, INC. and DOES 1-15, Defendant.
R. Bradford Huss, No. 71303 Charles M. Dyke, No. 183900 Virginia H. Perkins, No. 215832 TRUCKER + HUSS A Professional Corporation Attorneys for Defendant FRANKLIN RESOURCES, INC. GOLD BENNETT CERA & SIDENER LLP Solomon B. Cera (SBN 99467) Attorneys for Plaintiff, JOHN SENDER
R. Bradford Huss, No. 71303
Charles M. Dyke, No. 183900
Virginia H. Perkins, No. 215832
TRUCKER + HUSS
A Professional Corporation
Attorneys for Defendant
FRANKLIN RESOURCES, INC.
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
This Stipulation is made by and between plaintiff John Sender ("Plaintiff") and defendant Franklin Resources, Inc. ("Defendant") by and through their respective counsel of record, with respect to the following facts:
WHEREAS, on August 17, 2011, the Court ordered that an initial case management conference would be held in this case on Friday, December 2, 2011 at 9:00 a.m.;
WHEREAS, on October 20, 2011, the Court entered an Order denying Plaintiff's motion to remand and granting Defendant's motion to dismiss based on ERISA preemption and gave Plaintiff until November 9, 2011 to file an amended complaint;
WHEREAS, by stipulation and Order signed by the Court on November 7, 2011, Plaintiff now has until November 30, 2011 to plead in response to the October 20, 2011 Order; and
WHEREAS, there is currently no operative complaint on record and Plaintiff is currently examining the issues and determining how to proceed;
NOW THEREFORE, the parties hereby stipulate and agree, and respectfully request that the Court order that the case management conference currently set for December 2, 2011 be continued until January 27, 2012.
TRUCKER + HUSS
R. Bradford Huss
Attorneys for Defendant
FRANKLIN RESOURCES, INC.
GOLD BENNETT CERA & SIDENER LLP
Solomon B. Cera (SBN 99467)
Attorneys for Plaintiff, JOHN SENDER
I attest that my firm has obtained Mr. Cera's concurrence in the filing of this document.
TRUCKER + HUSS
R. Bradford Huss
Attorneys for Defendant
FRANKLIN RESOURCES, INC.
ORDER
Pursuant to the parties' Stipulation, the case management conference currently scheduled for December 2, 2011 is rescheduled for January 27, 2012 at 9:00 a.m., in Courtroom 5, 17th Floor, 450 Golden Gate Avenue, San Francisco, California. A Joint CMC statement shall be filed by January 20, 2012.
IT IS SO ORDERED.
Honorable Edward M. Chen, Judge of the
United States District Court