Bates, et al v. United Parcel Serv

Filing 613

ORDER continuing the Case Management Conference to 2/2/2009 at 01:30 PM. Signed by Judge Thelton E. Henderson on 12/02/08. (rbe, COURT STAFF) (Filed on 12/3/2008)

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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 DISABILITY RIGHTS ADVOCATES LAURENCE W. PARADIS, SBN 122336 KEVIN KNESTRICK, SBN 229620 KATRINA CORBIT, SBN 237931 2001 Center St., Fourth Floor Berkeley, CA. 94704 Telephone: (510) 665-8644 Fax: (510) 665-8511 TTY: (510) 665-8716 SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP TODD SCHNEIDER, SBN 158253 180 Montgomery Street, Suite 2000 San Francisco, CA. 94104 Telephone: (415) 421-7100 Fax: (415) 421-7105 TTY: (415) 421-1655 Attorneys for Plaintiffs GIBSON, DUNN & CRUTCHER LLP CHRISTOPHER J. MARTIN, SBN 82456 MARK A. PERRY, SBN 212532 RACHEL S. BRASS, SBN 219301 One Montgomery Street, Suite 3100 San Francisco, California 94104 Telephone: (415) 393-8200 Facsimile: (415) 986-5309 Attorneys for Defendant UNITED PARCEL SERVICE, INC. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ERIC BATES, BERT ENOS, BABARANTI OLOYEDE, ERIC BUMBALA, and EDWARD WILLIAMS on behalf of themselves, and on behalf of all other similarly situated, Plaintiffs v. UNITED PARCEL SERVICE, INC. (d.b.a. UPS), Defendant. CASE NO. C-992216 (TEH) JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND [PROPOSED] ORDER Date: December 8, 2008 Time: 1:30 p.m. Courtroom: 12 Judge: The Honorable Thelton E. Henderson JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER, CASE NO. C-99-2216 (TEH) 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 On January 22, 2008, this matter was remanded to this Court from the Ninth Circuit. On January 30, 2008, this Court scheduled a Case Management Conference in the above captioned matter for March 24, 2008, and ordered the parties to submit a joint case management conference statement seven days prior to the Case Management Conference. That case management conference was continued to afford the parties time to explore settlement. On July 21, 2008, the parties submitted a joint case management statement updating the Court on the status of their settlement negotiations. At that time, the Case Management Conference was again continued to afford the parties time to explore settlement. Since the Ninth Circuit's remand order, the parties have engaged in settlement discussions, including a lengthy in-person meeting and a two-day mediation with mediator Tony Piazza. The parties are hopeful of reaching a negotiated resolution of this lawsuit. The parties have made significant progress on key issues, but additional issues remain unresolved. Mediation efforts with Mr. Piazza are continuing as are direct settlement discussions. The parties incorporate by reference the description of the case contained in the July 21, 2008 Joint Case Management Conference Statement. Since that submission, the parties' settlement discussions have continued. The parties have agreed on many key terms. Among other things, the parties agreed to involve (Retired) Justice Edward Panelli in seeking to resolve the injunctive relief issue. The remaining issues concern damages, fees, and releases. The parties have agreed to a meeting of counsel in early December to further negotiate the remaining issues and an in-person meeting at which a UPS client representative is expected to be present on Friday, December 19, 2008, for purposes of hopefully finalizing the terms of a settlement agreement. That December 19 meeting will take place simultaneously with a session scheduled with (Retired) Justice Edward Panelli that hopefully will resolve the injunctive relief issue. The parties are hopeful that they will reach a full negotiated resolution of this litigation in the December 19, 2008 meeting. Thus, in order to facilitate the resolution of the above captioned matter, the parties respectfully jointly request that: 1 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER, CASE NO. C-992216 (TEH) 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 Case Management Conference scheduled for December 8, 2008 be taken off calendar. A new Case Management Conference be set for approximately (60) days later (i.e. February 2, 2008); The parties further agree to the following interim dates: Finalize Settlement Agreement: December 19, 2008 Motion for Preliminary Approval Filed: January 12, 2009 Hearing on Motion for Preliminary Approval: February 2, 2009 New Case Management Conference: If the parties fail to finalize a settlement, the parties will appear for a Case Management Conference February 2, 2008 and file a Joint Case Management Statement no fewer than 7 (seven) days prior to that Conference. Respectfully submitted, DATED: December 1, 2008 DISABILITY RIGHTS ADVOCATES LAURENCE W. PARADIS By: s/Laurence W. Paradis Laurence W. Paradis SCHNEIDER WALLACE COTTRELL BRAYTON KONECKY LLP TODD SCHNEIDER Attorneys for Plaintiffs DATED: December 1, 2008 GIBSON, DUNN & CRUTCHER LLP CHRISTOPHER J. MARTIN MARK A. PERRY RACHEL S. BRASS By: s/Christopher J. Martin Christopher J. Martin Attorneys for Defendant UNITED PARCEL SERVICE, INC. IT IS SO ORDERED. 1. calendar. 2 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER, CASE NO. C-992216 (TEH) The Case Management Conference scheduled for December 8, 2008 is taken off 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 2. A new Case Management Conference is scheduled for February 2, 2009. The parties shall file a Joint Case Management Conference Statement 7 days before this new Conference date if the case has not settled. 3. If the parties file a Joint Motion for Preliminary Approval of a Settlement Agreement on January 12, 2009, the Court will hold a hearing on the motion on February 2, 2009. 12/02 DATED: _______________, 2008 100481018_1.DOC UNIT ED CT ES _______________________________ C AT T The Honorable Thelton E. Henderson United States District Court DISTRI RT U O S ER N F D IS T IC T O R 3 JOINT CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER, CASE NO. C-992216 (TEH) A C LI FO He elton E. udge Th J nderson R NIA NO RT H

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