Ikon Office Solutions, Inc. v. Rezente et al

Filing 126

STIPULATION AND ORDER signed by Judge William B. Shubb on 6/13/11 MODIFYING the 87 Status (Pretrial Scheduling) Order as follows: Mediation before Magistrate Judge Brennan on 7/28/2011; Discovery due by 11/28/2011; Designation of Expert Witnesses d ue by 9/12/2011; Motions filed by 1/6/2012; Final Pretrial Conference set for 3/19/2012 at 02:00 PM in Courtroom 5 (WBS) before Judge William B. Shubb; Jury Trial set for 5/8/2012 at 09:00 AM in Courtroom 5 (WBS) before Judge William B. Shubb. (Donati, J)

1 Richard L. Seabolt (SBN 67469)
Terrance J. Evans (SBN 227671)
2 DUANE MORRIS LLP
One Market Plaza, Spear Tower
3 Suite 2200
San Francisco, CA 94105-1127
4 T: 415.957.3000
F: 415.957.3001
5 Email: [e-mail]
[e-mail]
6
Thomas T. Loder (Pro Hac Vice)
7 Sean K. Burke (Pro Hac Vice)
DUANE MORRIS LLP
8 30 South 17th Street
Philadelphia, PA 19103
9 T: 215.979.1246/7352
F: 215.979.1020
10 Email: [e-mail]
[e-mail]
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Attorneys for Plaintiff
12 IKON OFFICE SOLUTIONS, INC.

Mark E. Ellis - 127159
Maria S. Rosenfeld - 186116
Grant A. Winter - 266329
ELLIS, LaVOIE, POIRIER,
STEINHEIMER & McGEE LLP

555 University Avenue, Suite 200 East
Sacramento, CA 95825
T: 916.283.8820
F: 916.283.8821
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
MICHAEL REZENTE AND CHRISTY FRIEND

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO

16 IKON OFFICE SOLUTIONS, INC.,

Case No.: 2:10-cv-01704-WBS-EFB (TEMP)

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STIPULATION AND [PROPOSED]
ORDER

Plaintiff,

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v.
Courtroom:
Judge:

19 MICHAEL REZENTE and CHRISTY FRIEND,
20

5, 14th Floor
Hon. William B. Shubb

Defendants.

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STIPULATION AND [PROPOSED] ORDER

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Plaintiff IKON Office Solutions, Inc. (“IKON”) and Defendants Michael Rezente

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24 (“Rezente”) and Christy Friend (“Friend”), by their respective counsel, hereby submit this
25 Stipulation and state as follows:
1.

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The parties have each/all agreed to seek a mediated resolution of the claims raised in

27 this proceeding.
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STIPULATION AND [PROPOSED] ORDER
DM1\2675635.1

CASE NO. 2:10-CV-01704-WBS-EFB (TEMP)

1

2.

Magistrate Judge Brennan has indicated his availability to conduct a mediation for

2 that purpose on July 28, 2011.
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3.

The parties believe that a successful mediation is more probable if all parties can be

4 spared all further expense pending mediation, including the suspension of all motions to compel,
5 further document production and inspection, depositions and other discovery pending mediation.
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4.

For this reason, and, because July 28, 2011 is Judge Brennan’s first availability to

7 conduct a mediation, the parties wish to extend the dates included in the Court’s “STATUS
8 (PRETRIAL SCHEDULING) ORDER,” dated December 12, 2010 (Docket #87), by three (3)
9 months, in most instances and, specifically, to extend them as follows:
a.

for the completion of all discovery, from August 26, 2011 to November 28,
2011;

b.

for all motions to be filed, in time to be heard by the Court, from Friday,
August 26, 2011 to Friday, December 2, 2011;

c.

for filing all motions, except for continuances, temporary restraining orders,
or other emergency applications, from Friday, October 7, 2011 to Friday,
January 6, 2012;

d.

for the Final Pretrial Conference, from Monday, December 12, 2011 at 2:00
p.m. to Monday, March 19, 2012 at 2:00 p.m.;

e.

for disclosure of experts and reports in accordance with Fed. R. Civ. P.
26(a)(2) from April 8, 2011 [sic] to September 12, 2011;

f.

for expert testimony intended solely for rebuttal, from May 6, 2011 [sic] to
October 11, 2011;

g.

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for a jury trial of all issues triable by jury from February 7, 2012 at 9:00 a.m.
to 9:00 a.m. on May 8, 2012 at 9:00 a.m.

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5.

Except as revised herein, all other requirements, dates and duties set forth in the

24 Court’s December 10, 2010 “STATUS (PRE-TRIAL SCHEDULING) ORDER,” (Docket #87),
25 shall remain in effect.
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STIPULATION AND [PROPOSED] ORDER
DM1\2675635.1

CASE NO. 2:10-CV-01704-WBS-EFB (TEMP)

1

6.

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Accordingly, the parties respectfully request that the Court:
a.

approve the parties’ stipulation and direct the parties to mediate on July 28,
2011, before Magistrate Judge Brennan, in accordance with Judge Brennan’s
pre-mediation and mediation procedures and instructions; and

b.

approve the revised scheduling dates as set forth above in Paragraph 4.

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Dated: June 10, 2011

Dated: June 10, 2011

7 IKON OFFICE SOLUTIONS, INC.

MICHAEL REZENTE and
CHRISTY FRIEND

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/s/ Terrance J. Evans
By its Counsel
Richard L. Seabolt (SBN 67469)
Terrance J. Evans (SBN 227671)
Duane Morris LLP
One Market Plaza, Spear Tower
Suite 2200
San Francisco, CA 94105-1127
T: 415.957.3000
F: 415.957.3001
Email: [e-mail]
[e-mail]

/s/ Mark E. Ellis
By its Counsel
Mark E. Ellis - 127159
Daniel D. McGee – 218947
Maria S. Rosenfeld - 186116
ELLIS, LaVOIE, POIRIER,
STEINHEIMER & McGEE LLP

555 University Avenue, Suite 200 East
Sacramento, CA 95825
T: 916.283.8820
F: 916.283.8821
Email: [e-mail]
[e-mail]
[e-mail]

16
Thomas T. Loder (Pro Hac Vice)
17 Sean K. Burke (Pro Hac Vice)
DUANE MORRIS LLP
18 30 South 17th Street
Philadelphia, PA 19103
19 T: 215-979-1246/7352
F: 215-979-1020
20 Email: [e-mail]
[e-mail]
21
Dated: June 13, 2011
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STIPULATION AND [PROPOSED] ORDER
DM1\2675635.1

CASE NO. 2:10-CV-01704-WBS-EFB (TEMP)