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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1 2 3 THYBERG LAW Gregory A. Thyberg (SBN 102132) 3104 O Street #190 Sacramento, California 95816 Telephone: (916) 204-9173 Email: greg@thyberglaw.com 4 5 Attorneys for Plaintiff ANDRE ALVES 6 7 8 9 JACKSON LEWIS P.C. Samantha N. Hoffman (SBN 212135) 200 Spectrum Center Drive, Suite 500 Irvine, CA 92618 Telephone: (949) 885-1360 Facsimile: (949) 885-1380 Email: samantha.hoffman@jacksonlewis.com 10 11 12 13 JACKSON LEWIS P.C. Douglas M. Egbert (SBN 265062) 400 Capitol Mall, Suite 1600 Sacramento, California 95814 Telephone: (916) 341-0404 Facsimile: (916) 341-0141 Email: douglas.egbert@jacksonlewis.com 14 15 Attorneys for Defendant INTERNATIONAL BUSINESS MACHINES CORPORATION 16 17 UNITED STATES DISTRICT COURT 18 EASTERN DISTRICT OF CALIFORNIA 19 20 ANDRE ALVES, 21 22 23 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, 24 25 Complaint Filed: November 8, 2018 Removal: December 12, 2018 Defendants. 26 27 28 Case No.: 2:18-CV-03192-JAM-DB 1 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND TRIAL-RELATED DATES 1 ANDRE ALVES (“Plaintiff”) and INTERNATIONAL BUSINESS MACHINES 2 CORPORATION (“Defendant”) (collectively, “the Parties”), by and through their undersigned 3 counsel, hereby stipulate and agree as follows: 4 5 6 7 8 9 10 11 12 13 14 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: 15  October 4, 2019: Joint Mid-Litigation Statement; 16  October 18, 2019: Discovery Cutoff; 17  January 14, 2020: Last Day a Dispositive Motion May be Heard; 18  February 28, 2020: Final Pretrial Conference; 19  April 13, 2020: Trial. 20 WHEREAS, in the event the case does not resolve at the January 21, 2020 mediation, the 21 Parties will be irreparably harmed and prejudiced without a continuance of the above dates because 22 additional time is needed to complete discovery, including Plaintiff’s deposition and the deposition 23 of Defendant’s witnesses, and to file motions for summary judgment and/or adjudication, if needed; 24 WHEREAS, the Parties agree and stipulate that good causes exists to support this 25 stipulation, and that the relief requested herein will promote the fair, efficient, and just 26 administration of the instant matter; 27 28 WHEREAS, the Parties agree and stipulate that no parties will be prejudiced by the requested continuance; Case No.: 2:18-CV-03192-JAM-DB 2 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND TRIAL-RELATED DATES 1 IT IS HEREBY STIPULATED AND AGREED BY THE PARTIES THAT THE 2 TRIAL AND RELATED DATES SHOULD BE CONTINUED APPROXIMATELY FIVE 3 MONTHS AND/OR TO DATES THEREAFTER CONVENIENT TO THE COURT. THE 4 PARTIES 5 CONSIDERATION: PROPOSE THE FOLLOWING DATES FOR 6   March 18, 2020: Discovery Cutoff; 8  June 16, 2020: Last Day a Dispositive Motion May be Heard; 9  August 14, 2020: Final Pretrial Conference; 10  COURT’S March 6, 2020: Joint Mid-Litigation Statement; 7 THE September 14, 2020: Trial. 11 12 Dated: September 17, 2019 THYBERG LAW 13 14 By: /s/ Gregory A. Thyberg (as authorized on 09/17/2019) GREGORY A. THYBERG 15 Attorneys for Plaintiff ANDRE ALVES 16 17 18 Dated: September 17, 2019 JACKSON LEWIS P.C. 19 20 By: /s/ Douglas M. Egbert SAMANTHA N. HOFFMAN DOUGLAS M. EGBERT 21 22 Attorneys for Defendant INTERNATIONAL BUSINESS MACHINES CORPORATION 23 24 25 26 27 28 Case No.: 2:18-CV-03192-JAM-DB 3 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND TRIAL-RELATED DATES 1 2 3 4 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: 5  March 6, 2020: Joint Mid-Litigation Statement; 6  March 20, 2020: Discovery Cutoff; 7  April 21, 2020: Dispositive motion filing; 8  May 19, 2020 at 1:30 p.m: Last Day a Dispositive Motion May be Heard; 9  June 19, 2020 Joint pretrial statement due: 10  June 26, 2020 at 11:00 a.m.: Final Pretrial Conference; 11  August 17, 2020 at 9:00 a.m.: Trial. 12 13 Dated: September 17, 2019 /s/ John A. Mendez_______________ HON. JOHN A. MENDEZ JUDGE OF THE DISTRICT COURT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 2:18-CV-03192-JAM-DB 4 JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL AND TRIAL-RELATED DATES

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