Scheller v. American Medical Response, Inc. et al
Filing
130
STIPULATION and ORDER RE: Settlement and Disposition signed by Judge Oliver W. Wanger on 7/15/2011. Dispositional document due by 8/19/2011. (Jessen, A)
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Scott M. Mahoney (State Bar No. 122254)
Jennifer K. Achtert (State Bar No. 197263)
FISHER & PHILLIPS LLP
One Embarcadero Center, Suite 2340
San Francisco, CA 94111-3712
Telephone: (415) 490-9000
Facsimile: (415) 490-9001
Attorneys for Defendant
AMERICAN MEDICAL RESPONSE, INC.
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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KAREN SCHELLER,
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Case No.: 1:08-CV-00798 OWW DLB
Plaintiff,
v.
AMERICAN MEDICAL RESPONSE, INC., a
foreign corporation, CINDY WOOLSTON,
et al.,
STIPULATION AND ORDER RE:
SETTLEMENT AND DISPOSITION
Complaint Filed: February 20, 2008
Defendants.
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Plaintiff Karen Scheller and Defendant American Medical Response, Inc., by and
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through their attorneys in this regard, upon stipulation hereby request an extension of time of
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twenty-nine (29) days to file their Stipulation of Dismissal. In support of this stipulation, the
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parties state as follows:
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On June 30, 2011, Plaintiff submitted a Notice of Settlement in this case,
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indicating that the parties anticipated filing a Stipulation for Dismissal within twenty-one (21)
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days, pursuant to Local Rule 160.
2.
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On June 30, 2011, this Court entered a Minute Order ordering that a Stipulation
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of Settlement and Proposed Order be filed within twenty-one (21) days.
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///
___________________________________________________________________________________________________________________
STIPULATION AND ORDER RE: SETTLEMENT AND DISPOSITION
SanFrancisco 116888.1
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The deadline to file dispositional documents is currently July 21, 2011.
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4.
Despite the parties’ diligence, the parties will not be prepared to file a
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Stipulation for Dismissal or other dispositional document by that date.
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AMR’s in-house counsel was unable to review the draft settlement agreement
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until July 11, 2011, due to his vacation schedule. Therefore, AMR’s counsel was not able to
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forward a draft agreement to Plaintiff’s counsel, Brett Dickerson, until July 13, 2011.
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6.
Under the terms of the Older Workers Benefit Protection Act, and because
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Plaintiff is over 40, Plaintiff will have twenty-one (21) days to consider the agreement once the
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final language is agreed to, and seven (7) days to revoke the agreement once it has been
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executed. See 29 U.S.C. section 626(f).
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The parties are working diligently to finalize the settlement agreement, and
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anticipate being able to file a Stipulation for Dismissal or other dispositional document no later
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than August 19, 2011.
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WHEREFORE, Plaintiff Karen Scheller and Defendant American Medical Response,
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Inc., respectfully submit their stipulation providing the parties with an extension of time until
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August 19, 2011, to submit their Stipulation of Settlement and Proposed Order or other
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dispositional document.
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IT IS SO STIPULATED:
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Dated: July 14, 2011
GIANELLI & ASSOCIATES
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By: _/s/ as authorized on 7/14/2011__
BRETT L. DICKERSON
Attorneys for Plaintiff KAREN SCHELLER
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Dated: July 14, 2011
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FISHER & PHILLIPS LLP
By: _/s/ _______________________
JENNIFER ACHTERT
Attorneys for Defendant
AMERICAN MEDICAL RESPONSE, INC.
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___________________________________________________________________________________________________________________
STIPULATION AND ORDER RE: SETTLEMENT AND DISPOSITION
SanFrancisco 116888.1
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ORDER
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Based upon the stipulation of the Parties, and good cause having been shown, it is
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hereby ORDERED that the Parties shall submit a Stipulation of Settlement and Proposed Order
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or other dispositional document in this case on or before August 19, 2011.
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IT IS SO ORDERED.
Dated:
July 15, 2011
/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
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DEAC_Signature-END:
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___________________________________________________________________________________________________________________
STIPULATION AND ORDER RE: SETTLEMENT AND DISPOSITION
SanFrancisco 116888.1
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