Blankenship v. Alaska Airlines, Inc.

Filing 36

STIPULATION and ORDER signed by Judge John A. Mendez on 10/12/10 ORDERING the date for filing dispositional documents is EXTENDED through 11/19/10. (Carlos, K)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CHRISTOPHER E. GRELL (NO. 88498) RICHARD F. RESCHO (NO. 108086) LAW OFFICES OF CHRISTOPHER E. GRELL The Leamington 1814 Franklin Street, Suite 501 Oakland, California 94612 Telephone: (510) 832-2980 Facsimile: (510) 832-2986 Attorneys for Plaintiff ETHAN BLANKENSHIP ROBERT E. DAVIES (NO. 106810) MARY A. STEWART (NO. 106758) CAULFIELD, DAVIES & DONAHUE, LLP P. O. Box 277010 Sacramento, CA 95827 Telephone: (916) 817-2900 Facsimile: (916) 817-2644 Attorneys for Defendant ALASKA AIRLINES, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ETHAN BLANKENSHIP, Plaintiff, vs. ALASKA AIRLINES, INC., et al., Defendants. I. INTRODUCTION The parties herein, Plaintiff ETHAN BLANKENSHIP and Defendant ALASKA AIRLINES, INC., hereby jointly apply to the Court for an Order extending the time for filing of dispositional papers from the current date of October 18, 2010 through November 19, 2010. Case No.: 2:09-CV-01377-JAM-GGH JOINT APPLICATION FOR ORDER EXTENDING TIME FOR FILING OF DISPOSITIONAL PAPERS Judge: The Hon. John A. Mendez -1PDF created Joint Application for Order Extending Time for Filing of Dispositional Papers with pdfFactory trial version www.pdffactory.com 2:09-CV-01377-JAM-GGH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Joint Application is made pursuant to the provisions of Federal Rule of Civil Procedure ("FRCivP"), Rule 16 and Local Rules of the United States District Court, Eastern District of California ("Civil L. R."), Rule 160(b), and on the grounds the requested extension is necessary in order to allow sufficient time for execution of a Release and Settlement Agreement by the parties, and payment of the settlement amount to Plaintiff by Defendant. II. STATEMENT OF FACTS Trial herein is set for February 7, 2011. On September 1, 2010, the parties and their counsel conduct a voluntary mediation with a private mediator, at which time a settlement agreement was reached whereby Plaintiff ETHAN BLANKENSHIP will dismiss the entire action against Defendant ALASKA AIRLINES, INC., upon payment of the agreed-upon settlement amount. At the time the settlement agreement was reached, it was agreed that a formal document setting forth the terms of the settlement would be prepared and executed by the parties. Defendant represented that it would make reasonable efforts to secure payment of the settlement amount within 30-60 days. The Court's Order setting October 18, 2010 as the date for filing dispositional documents was entered September 27, 2010. Defendant's counsel has prepared a Release and Settlement Agreement and provided the Agreement to Plaintiff's counsel for execution by the Plaintiff. Upon receipt of the executed Agreement, Defendant's counsel will tender the settlement payment to Plaintiff's counsel. //// //// //// //// //// //// //// //// -2PDF created Joint Application for Order Extending Time for Filing of Dispositional Papers with pdfFactory trial version www.pdffactory.com 2:09-CV-01377-JAM-GGH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III. REQUEST FOR EXTENSION In order to allow sufficient time for execution of the Release and Settlement Agreement and tender of the settlement amount by Defendant, the parties respectfully request that the date for filing of the dispositional documents be extended to November 19, 2010, or such other date as the Court may determine. Respectfully submitted, Date: October ___, 2010 LAW OFFICES OF CHRISTOPHER E. GRELL By: ______________________________________ RICHARD F. RESCHO Attorneys for Plaintiff ETHAN BLANKENSHIP Date: October ____, 2010 CAULFIELD, DAVIES & DONAHUE, LLP By: ____________________________________ MARY A. STEWART Attorneys for Defendant ALASKA AIRLINES, INC. ORDER Joint Application having been made by the parties herein, and good cause appearing therefor, IT IS ORDERED that the date for filing of dispositional documents herein is extended through November 19, 2010. IT IS SO ORDERED. Date: October 12, 2010 /s/ John A. Mendez__________________ THE HONORABLE JOHN A. MENDEZ Judge of the United States District Court, Eastern District of California -3PDF created Joint Application for Order Extending Time for Filing of Dispositional Papers with pdfFactory trial version www.pdffactory.com 2:09-CV-01377-JAM-GGH

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