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Harris v. Northwestern Inv. Mgmt. Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Jan 11, 2012
Case No. CV 10-01763 CW (N.D. Cal. Jan. 11, 2012)

Opinion

Case No. CV 10-01763 CW

01-11-2012

LAURIE GIBBS HARRIS, Plaintiff, v. NORTHWESTERN INVESTMENT MANAGEMENT COMPANY, LLC, NORTHWESTERN MUTUAL LIFE INSURANCE, LLC, and DOES 1 through 20, inclusive Defendants.

John A. McGuinn, Esq. (State Bar No. 036047) Carolyn A. Leary, Esq. (State Bar No. 226845) McGUINN, HILLSMAN & PALEFSKY Attorneys for Plaintiff, LAURIE GIBBS HARRIS MELINDA S. RIECHERT, State Bar No. 65504 MORGAN, LEWIS & BOCKIUS LLP MEGAN BARRY BOROVICKA, State Bar No. 241205 MORGAN, LEWIS & BOCKIUS LLP Attorneys for Defendants, NORTHWESTERN INVESTMENT MANAGEMENT COMPANY, LLC, ET AL.


John A. McGuinn, Esq. (State Bar No. 036047)

Carolyn A. Leary, Esq. (State Bar No. 226845)

McGUINN, HILLSMAN & PALEFSKY

Attorneys for Plaintiff,

LAURIE GIBBS HARRIS

MELINDA S. RIECHERT, State Bar No. 65504

MORGAN, LEWIS & BOCKIUS LLP

MEGAN BARRY BOROVICKA, State Bar No. 241205

MORGAN, LEWIS & BOCKIUS LLP

Attorneys for Defendants,

NORTHWESTERN INVESTMENT MANAGEMENT COMPANY, LLC, ET AL.

STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT CONFERENCE

JUDGE: Hon. Claudia Wilken

DEPT: Courtroom 2,4th Floor

Complaint filed: March 19, 2010

Trial date: October 3, 2011

Plaintiff Laurie Gibbs Harris ("Plaintiff) and Defendants Northwestern Investment Management Company, LLC and Northwestern Mutual Life Insurance Company ("Defendants"), the parties to the above-entitled action (collectively, the "Parties), submit this stipulation to the Court:

STIPULATION

The Parties reached an oral agreement to settle this matter on September 17, 2011;

On September 19, 2011, this Court issued a Conditional Order of Dismissal, dismissing this matter with prejudice, but providing that if the agreed consideration for settlement was not delivered by December 19, 2011 the Conditional Order of Dismissal would be vacated and the matter restored to the Court's calendar to be set for trial.

On December 19, 2011, Plaintiff certified to the Court that consideration for the settlement of this matter had not yet been delivered. Plaintiff further notified the Court that the Parties were at an impasse in their negotiations concerning the issues of allocation and timing of payment of the settlement funds.

On December 21, 2011, this Court issued an Order extending the conditional dismissal for an additional ninety days and requiring the Parties to return to private mediation for further settlement discussions by January 20, 2012.

The Parties agree that settlement of this matter is best facilitated by a mandatory settlement conference before a United States Magistrate Judge. The Parties also agree that Defendants, which are headquartered in Wisconsin, may appear at such a mandatory settlement conference through their attorneys of record. In such case, a representative with settlement authority will be available by phone.

This matter was previously referred to Magistrate Judge Laurel Beeler for settlement purposes.

THEREFORE, the Parties, through their respective counsel of record, hereby STIPULATE to request that the Court vacate its prior Order mandating private mediation of this matter and issue an order referring this matter to a settlement conference before Magistrate Judge Laurel Beeler:

IT IS SO STIPULATED.

C.arnlvn A. Learv

John A. McGuinn

McGuinn, Hillsman & Palefsky

Attorneys for Plaintiff, Laurie Gibbs Harris

Mevan Barrv Bnrnvicka

Melinda S. Riechert

Morgan, Lewis & Bockius

Attorneys for Defendants,

Northwestern Investment Management Company,

LLC and Northwestern Mutual Life Insurance

Company

PURSUANT TO STIPULATION, IT IS SO ORDERED.

The Court's Order of December 21, 2011 is vacated to the extent that it requires Plaintiff Laurie Gibbs Harris and Defendants Northwestern Investment Management Company, LCC and Northwestern Mutual Life Insurance Company (the "Parties") to return to private mediation for further settlement discussions.

The Parties are referred to a settlement conference with Magistrate Judge Laurel Beeler at a date to be set by Judge Beeler.

__________________________

The Honorable Claudia Wilken

United States District Judge

ATTESTATION

Pursuant to General Order 45(X), I attest that concurrence in the filing of this document has been obtained from the other signatory.

By: Carolyn A. Leary

Carolyn A. Leary


Summaries of

Harris v. Northwestern Inv. Mgmt. Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION
Jan 11, 2012
Case No. CV 10-01763 CW (N.D. Cal. Jan. 11, 2012)
Case details for

Harris v. Northwestern Inv. Mgmt. Co.

Case Details

Full title:LAURIE GIBBS HARRIS, Plaintiff, v. NORTHWESTERN INVESTMENT MANAGEMENT…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Date published: Jan 11, 2012

Citations

Case No. CV 10-01763 CW (N.D. Cal. Jan. 11, 2012)