Blake Smith v. Pacific Bell Telephone Company, Inc. et al

Filing 142

STIPULATION and ORDER to continue trial, pretrial conference and related forthcoming deadlines due to pending summary judgment motions. The Pretrial Conference currently set for 1/26/2009 is continued to 3/9/2009 at 11:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. The Jury Trial currently set for 3/10/2009 is continued to 4/21/2009 at 09:00 AM in Courtroom 3 (OWW) before Judge Oliver W. Wanger. Order signed by Judge Oliver W. Wanger on 1/22/2009. (Timken, A)

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JUSTIN THOMAS ALLEN (SB# 238195) [e-mail]) LAW OFFICES OF JUSTIN THOMAS ALLEN 601 E. Main Street Turlock, CA 95380 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff BLAKE SMITH J. AL LATHAM, JR. (SB# 071605) [e-mail] PAUL, HASTINGS, JANOFSKY & WALKER LLP 515 South Flower Street Twenty-Fifth Floor Los Angeles, CA 90071-2228 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants PACIFIC BELL TELEPHONE COMPANY, INC., SHANE SPENCER and ALAN BROWN [Additional Attorneys on next page] UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BLAKE SMITH, Plaintiff, vs. PACIFIC BELL TELEPHONE COMPANY, INC., AT&T COMMUNICATIONS OF CALIFORNIA, INC., SBC TELECOM, INC., COMMUNICATIONS WORKERS OF AMERICA LOCAL 9333 UNION, AFL-CIO, COMMUNICATIONS WORKERS OF AMERICA DISTRICT 9 UNION AFL-CIO, SHANE SPENCER, an individual, ALAN BROWN, an individual and DOES 1-100, Defendants.

CASE NO. 1:06-CV-01756-OWW-LJO

JOINT STIPULATION TO CONTINUE TRIAL, PRETRIAL CONFERENCE, AND RELATED FORTHCOMING DEADLINES DUE TO PENDING SUMMARY JUDGMENT MOTIONS; ORDER
Judge: Honorable Oliver W. Wanger Court: Courtroom 3 Pretrial Conference: January 26, 2009 Trial Date: March 10, 2009

LEGAL_US_W # 60843194.1

JOINT STIPULATION TO CONTINUE TRIAL, PRETRIAL CONFERENCE ETC.; [PROPOSED] ORDER

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DAVID A. ROSENFELD (SB# 058163) ([e-mail]) CAREN P. SENCER (SB# 233488) WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501-1091 Telephone: [phone] Facsimile: [phone] STEVEN J. JOFFE, (SB# 108419) CRAIG C. HUNTER (SB# 71299) ([e-mail]) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 555 South Flower Street, Suite 2900 Los Angeles, CA 90071 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant COMMUNICATIONS WORKERS OF AMERICA DISTRICT 9 UNION AFL-CIO THOMAS MICHAEL SHARPE (SB# 69697) ([e-mail]) BENNETT & SHARPE, INC. 2444 Main Street, Suite 110 Fresno, CA 93721 Telephone: [phone] Facsimile: ([phone]) Attorneys for Defendant COMMUNICATIONS WORKERS OF AMERICA LOCAL 9333 UNION AFL-CIO

LEGAL_US_W # 60843194.1

JOINT STIPULATION TO CONTINUE TRIAL, PRETRIAL CONFERENCE ETC.; [PROPOSED] ORDER

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All parties join in respectfully requesting that the Court continue the March 10, 2009, trial; the January 26, 2009, final pretrial conference; and all other forthcoming pretrial deadlines to the Court's next available dates in 2009, subject to the Court's ruling on Defendants' pending summary judgment motions. On November 6, 2008, this Court entered an order, pursuant to an allparty stipulation, continuing the trial and pretrial dates, pending the Court's ruling on Defendants' summary judgment motions. As the summary judgment motions remain under submission, the parties now respectfully seek a continuance of the dates set in the November 6 order. The Court heard Defendants' motions for summary judgment on September 29, 2008. Following the hearing, Plaintiff filed a supplemental brief, and Defendants filed responses thereto. The matter stands submitted. The parties' counsel would like to avoid imposing on their respective clients the costs of trial preparation, including final preparation of the joint pretrial statement and appearance at the final pretrial conference, while the summary judgment motions are pending. This stipulated request addresses only the trial, final pretrial conference, and other forthcoming pretrial deadlines; it does not affect any previous deadlines. This stipulated request is not presented for purposes of delay. Defendants' summary judgment motions were filed on December 28, 2007, well in advance of the trial date. The initially noticed hearing date of January 28, 2008, was postponed several times --- first in order to afford Plaintiff additional time for discovery, and then on the Court's own motion due to the press of the Court's
JOINT STIPULATION TO CONTINUE TRIAL, PRETRIAL CONFERENCE ETC.; [PROPOSED] ORDER

LEGAL_US_W # 60843194.1

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business. There has been only one previous request to vacate or extend the trial date. IT IS SO STIPULATED.
DATED: January 13, 2009 PAUL, HASTINGS, JANOFSKY & WALKER LLP

By:

/s/ J. Al Latham, Jr. J. AL LATHAM, JR.

Attorneys for Defendants PACIFIC BELL TELEPHONE COMPANY, SHANE SPENCER AND ALAN BROWN DATED: January 13, 2009 WEINBERG, ROGER & ROSENFELD

By:

/s/ Caren P. Sencer as authorized on 1/13/09 CAREN P. SENCER

Attorneys for Defendants COMMUNICATIONS WORKERS OF AMERICA DISTRICT 9 UNION AFL-CIO DATED: January 13, 2009 WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP

By:

/s/ Craig C. Hunter as authorized on 1/13/09 CRAIG C. HUNTER

Attorneys for Defendants COMMUNICATIONS WORKERS OF AMERICA DISTRICT 9 UNION AFL-CIO DATED: January 13, 2009 BENNETT & SHARPE

By:

/s/ Thomas Michael Sharpe as authorized on 1/13/09 THOMAS MICHAEL SHARPE

Attorneys for Defendants COMMUNICATIONS WORKERS OF AMERICA LOCAL 9333 UNION AFL-CIO
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JOINT STIPULATION TO CONTINUE TRIAL, PRETRIAL CONFERENCE ETC.; [PROPOSED] ORDER

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DATED: January 13, 2009

LAW OFFICES OF JUSTIN THOMAS ALLEN

By:

/s/ Justin Thomas Allen as authorized on 1/13/09 JUSTIN THOMAS ALLEN

Attorneys for Plaintiff BLAKE SMITH

ORDER Pursuant to the Stipulation of the parties, and good cause appearing therefor, the Court hereby continues the trial date currently set for March 10, 2009 to April 21, 2009; the Final Pretrial Conference is continued from January 26, 2009 to March 9, 2009; and all corresponding pretrial deadlines not yet past as of the date of the parties' Stipulation are continued in accordance with the Federal and Eastern District Court rules.

IT IS SO ORDERED:

DATED: January 22, 2009

/s/ OLIVER W. WANGER Honorable Oliver W. Wanger United States District Judge

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JOINT STIPULATION TO CONTINUE TRIAL, PRETRIAL CONFERENCE ETC.; [PROPOSED] ORDER

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