Desrys v. Buenrostro et al

Filing 27

STIPULATION and ORDER signed by Senior Judge Lawrence K. Karlton on 7/28/2011 23 ORDERING that Initial Scheduling Conference is CONTINUED to 11/14/2011 at 10:00 AM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. The parties shall file their status reports fourteen (14) days prior to the status conference.(Duong, D)

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WILKE, FLEURY, HOFFELT, GOULD & BIRNEY, LLP
THOMAS G. REDMON (SBN 047090)
DANIEL L. BAXTER (SBN 203862)
400 Capitol Mall, Twenty-Second Floor
Sacramento, CA 95814
Telephone:
Facsimile:

[phone]
[phone]

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WILLIAMS & CONNOLLY LLP
ENU MAINIGI (to apply pro hac vice)
JENNIFER G. WICHT (to apply pro hac vice)
HOLLY M. CONLEY (to apply pro hac vice)
725 Twelfth Street, N.W.
Washington, DC 20005
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
MEDCO HEALTH SOLUTIONS, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DESRYS, as an Individual and
on Behalf of All Others Similarly Situated,

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Plaintiff,
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v.

Case No. 11-CV-01626-LKK-DAD
STIPULATION AND ORDER
CONTINUING INITIAL STATUS
(PRETRIAL SCHEDULING)
CONFERENCE

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MEDCO HEALTH SOLUTIONS, INC., a
Delaware Corporation, FEDERICO
BUENROSTRO, Individually, KURATO
SHIMADA, Individually, CHARLES
VALDES, Individually, and DOES 1-100,
Inclusive,

Complaint Filed:
Date Removed:
Trial Date:

March 17, 2011
June 16, 2011
Not Yet Set

Defendants.

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RECITALS

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Currently on the Court’s calendar for September 6, 2011 is the Initial Status (Pretrial

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Scheduling) Conference in this action. The pendency of that Conference means, among other

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things, that the parties face imminent deadlines relative to meeting and conferring and crafting a

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discovery plan in accordance with Federal Rule of Civil Procedure 26(f). In light of certain

W ILKE , F LEU RY ,
H OFFELT , G OULD &
B IRNEY , LLP
ATTORNEYS AT LAW
SACRAMENTO

692666.1

-1STIPULATION AND ORDER (CASE NO. 2:11-CV-01626 LKK DAD)

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recent occurrences in this action (described below), the parties wish to continue the September 6,

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2011 Conference to a date of the Court’s choosing on or after November 14, 2011.

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The parties have recently filed—and the Court has entered—a stipulation and order under

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which Plaintiff has twenty days to submit an amended complaint, and Defendants have thirty days

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thereafter to respond. (CM/ECF Doc. No. 15.) The parties would ideally like to have the case “at

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issue” before holding the Conference and complying with the various requirements attendant

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thereto. Continuance of the Conference to a date on or after November 14 will significantly

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increase the likelihood that the case will have achieved at-issue status, such that the parties can

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undertake their obligations under Rule 26 with the benefit of having the pleadings settled.

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STIPULATION

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In light of the above, the parties HEREBY STIPULATE AND AGREE that the Initial

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Status (Pretrial Scheduling) Conference shall be continued from September 6, 2011 to a date of

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the Court’s choosing on or after November 14, 2011.

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DATED:

July 27, 2011

WILKE, FLEURY, HOFFELT,
GOULD & BIRNEY, LLP

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By:

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DATED:

July 27, 2011

/s/Daniel L. Baxter
DANIEL L. BAXTER
Attorneys for Defendant
MEDCO HEALTH SOLUTIONS, INC.

HACKARD LAW, a Professional Corporation

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By:

/s/ Michael A. Hackard
MICHAEL A. HACKARD
Attorneys for Plaintiff
MICHAEL DESRYS et al.

By:

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/s/ Charles Valdes
CHARLES VALDES
Defendant

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DATED:

July 27, 2011

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W ILKE , F LEU RY ,
H OFFELT , G OULD &
B IRNEY , LLP
ATTORNEYS AT LAW
SACRAMENTO

692666.1

-2STIPULATION AND ORDER (CASE NO. 2:11-CV-01626 LKK DAD)

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Given the above, IT IS HEREBY ORDERED that the Initial Scheduling Conference,

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currently scheduled for September 6, 2011 is continued to November 14, 2011 at 10:00 a.m. in

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Courtroom 4. The parties shall file their status reports fourteen (14) days prior to the status

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conference.

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Dated: July 28, 2011

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W ILKE , F LEU RY ,
H OFFELT , G OULD &
B IRNEY , LLP
ATTORNEYS AT LAW
SACRAMENTO

692666.1

-3STIPULATION AND ORDER (CASE NO. 2:11-CV-01626 LKK DAD)

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PROOF OF SERVICE

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I, Teri Vargas, declare:

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I am a citizen of the United States and employed in Sacramento County, California. I am

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over the age of eighteen years and not a party to the within-entitled action. My business address

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is 400 Capitol Mall, Twenty-Second Floor, Sacramento, California 95814. On June 27, 2011, I

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served a copy of the within document(s):

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STIPULATION AND [PROPOSED] ORDER CONTINUING
INITIAL STATUS (PRETRIAL SCHEDULING)
CONFERENCE

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by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.

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by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mail at Sacramento, California addressed as set
forth below.

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by placing the document(s) listed above in a sealed
envelope and
affixing a pre-paid air bill, and causing the envelope to be delivered to a
agent for delivery.

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by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth below.

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Charles Valdes
4830 Kipling Drive
Carmichael, CA 95608

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Kurato Shimada
8880 Wine Valley Circle
San Jose, CA 95135

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I am readily familiar with the firm's practice of collection and processing correspondence

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for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same

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day with postage thereon fully prepaid in the ordinary course of business. I am aware that on

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motion of the party served, service is presumed invalid if postal cancellation date or postage

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meter date is more than one day after date of deposit for mailing in affidavit.
I declare that I am employed in the office of a member of the bar of this court at whose

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direction the service was made.

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///

W ILKE , F LEU RY ,
H OFFELT , G OULD &
B IRNEY , LLP
ATTORNEYS AT LAW
SACRAMENTO

692666.1

-4STIPULATION AND ORDER (CASE NO. 2:11-CV-01626 LKK DAD)

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Executed on June 27, 2011, at Sacramento, California.

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/s/ Teri Vargas________________________
Teri Vargas

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W ILKE , F LEU RY ,
H OFFELT , G OULD &
B IRNEY , LLP
ATTORNEYS AT LAW
SACRAMENTO

692666.1

-5STIPULATION AND ORDER (CASE NO. 2:11-CV-01626 LKK DAD)