Alves v. International Business Machines Corporation

Filing 11

STIPULATION and ORDER signed by District Judge John A. Mendez on 9/17/2019 CONTINUING deadlines as follows: Joint Mid-Litigation Statement due by 3/6/2020, Discovery cutoff 3/20/2020, Dispositive Motions filed by 4/21/2020, Last Day a Dispositive M otion may be Heard 5/19/2020 at 1:30 PM, Joint Pretrial Statement due by 6/19/2020, Final Pretrial Conference set for 6/26/2020 at 11:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez, and Jury Trial set for 8/17/2020 at 09:00 AM in Courtroom 6 (JAM) before District Judge John A. Mendez. (Huang, H)

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THYBERG LAW
Gregory A. Thyberg (SBN 102132)
3104 O Street #190
Sacramento, California 95816
Telephone: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
ANDRE ALVES

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JACKSON LEWIS P.C.
Samantha N. Hoffman (SBN 212135)
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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JACKSON LEWIS P.C.
Douglas M. Egbert (SBN 265062)
400 Capitol Mall, Suite 1600
Sacramento, California 95814
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Defendant
INTERNATIONAL BUSINESS MACHINES
CORPORATION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANDRE ALVES,

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CASE NO. 2:18-CV-03192-JAM-DB

Plaintiff,

JOINT STIPULATION AND ORDER
TO CONTINUE TRIAL AND
TRIAL- RELATED DATES

v.
INTERNATIONAL BUSINESS MACHINES
CORPORATION; and DOES 1-100, inclusive,

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Complaint Filed: November 8, 2018
Removal: December 12, 2018
Defendants.

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Case No.: 2:18-CV-03192-JAM-DB

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JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
TRIAL AND TRIAL-RELATED DATES

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ANDRE ALVES (“Plaintiff”) and INTERNATIONAL BUSINESS MACHINES

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CORPORATION (“Defendant”) (collectively, “the Parties”), by and through their undersigned

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counsel, hereby stipulate and agree as follows:

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WHEREAS, the Parties engaged in written discovery, exchanged documents, and
Defendant has taken the first day of Plaintiff’s deposition;
WHEREAS, the Parties believe now is an appropriate time to negotiate a potential
settlement of the case via private mediation;
WHEREAS, the Parties agreed to mediate this matter with Vivien Williamson, a wellrecognized and esteemed employment-law mediator;
WHEREAS, January 21, 2020 was the earliest mediation date the Parties could obtain based
on Ms. Williamson’s schedule, as well as the Parties’ and their counsels’ schedule;
WHEREAS, January 12, 2020 is after the discovery cutoff and the last day for a hearing on
any dispositive motions;
WHEREAS, the current dates and deadlines in this matter are as follows:

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

October 4, 2019: Joint Mid-Litigation Statement;

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

October 18, 2019: Discovery Cutoff;

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January 14, 2020: Last Day a Dispositive Motion May be Heard;

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February 28, 2020: Final Pretrial Conference;

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April 13, 2020: Trial.

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WHEREAS, in the event the case does not resolve at the January 21, 2020 mediation, the

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Parties will be irreparably harmed and prejudiced without a continuance of the above dates because

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additional time is needed to complete discovery, including Plaintiff’s deposition and the deposition

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of Defendant’s witnesses, and to file motions for summary judgment and/or adjudication, if needed;

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WHEREAS, the Parties agree and stipulate that good causes exists to support this

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stipulation, and that the relief requested herein will promote the fair, efficient, and just

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administration of the instant matter;

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WHEREAS, the Parties agree and stipulate that no parties will be prejudiced by the
requested continuance;
Case No.: 2:18-CV-03192-JAM-DB

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JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
TRIAL AND TRIAL-RELATED DATES

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IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES THAT THE

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TRIAL AND RELATED DATES SHOULD BE CONTINUED APPROXIMATELY FIVE

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MONTHS AND/OR TO DATES THEREAFTER CONVENIENT TO THE COURT. THE

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PARTIES

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CONSIDERATION:

PROPOSE

THE

FOLLOWING

DATES

FOR

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


March 18, 2020: Discovery Cutoff;

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

June 16, 2020: Last Day a Dispositive Motion May be Heard;

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

August 14, 2020: Final Pretrial Conference;

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

COURT’S

March 6, 2020: Joint Mid-Litigation Statement;

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THE

September 14, 2020: Trial.

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Dated: September 17, 2019

THYBERG LAW

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By: /s/ Gregory A. Thyberg (as authorized on 09/17/2019)
GREGORY A. THYBERG

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Attorneys for Plaintiff
ANDRE ALVES

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Dated: September 17, 2019

JACKSON LEWIS P.C.

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By: /s/ Douglas M. Egbert
SAMANTHA N. HOFFMAN
DOUGLAS M. EGBERT

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Attorneys for Defendant
INTERNATIONAL BUSINESS MACHINES
CORPORATION

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Case No.: 2:18-CV-03192-JAM-DB

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JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
TRIAL AND TRIAL-RELATED DATES

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ORDER
Based upon the foregoing stipulation of the Parties, and good cause appearing therefor,
IT IS HEREBY ORDERED AND MODIFIED AS FOLLOWS:
All current dates and deadlines are vacated and continued, as follows:

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

March 6, 2020: Joint Mid-Litigation Statement;

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

March 20, 2020: Discovery Cutoff;

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

April 21, 2020: Dispositive motion filing;

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May 19, 2020 at 1:30 p.m: Last Day a Dispositive Motion May be Heard;

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

June 19, 2020 Joint pretrial statement due:

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June 26, 2020 at 11:00 a.m.: Final Pretrial Conference;

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

August 17, 2020 at 9:00 a.m.: Trial.

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Dated: September 17, 2019

/s/ John A. Mendez_______________
HON. JOHN A. MENDEZ
JUDGE OF THE DISTRICT COURT

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Case No.: 2:18-CV-03192-JAM-DB

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JOINT STIPULATION AND
[PROPOSED] ORDER TO CONTINUE
TRIAL AND TRIAL-RELATED DATES