Equal Employment Opportunity Commission v. Able Services Inc.

Filing 23

ORDER changing litigation schedule. See order for modifications made by Judge Illston. Signed by Judge Illston on 1/31/08. (ts, COURT STAFF) (Filed on 2/1/2008)

Equal Employment Opportunity Commission v. Able Services Inc.

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Case 3:07-cv-01776-SI

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WILLIAM R. TAMAYO -- #084965 (CA) JONATHAN T. PECK -- #12303 (VA) CINDY O'HARA -- #114555 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Equal Employment Opportunity Commission

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Event Case management conference Designation of experts STIPULATION AND REQUEST The parties to this action, by and through their counsel of record, hereby stipulate and request a two month continuance of the February 8, 2008 case management conference, and a three month continuance of all other case management dates in this matter. This request is based on the stipulation of the parties, and on the accompanying declaration of Cindy O'Hara in support thereof. The requested continued dates are as follows: Current date February 8, 2008 March 3, 2008 Proposed date April 11, 2008 June 2, 2008 EQUAL EMPLOYMENT OPPORTUNITY ) ) COMMISSION, ) ) Plaintiff, ) ) v. ) ) ABLE SERVICES, INC. dba ABLE BUILDING MAINTENANCE COMPANY, ) ) ) Defendant. _______________________________________ ) Civil Action No. C-07-1776 SI STIPULATION AND REQUEST TO CONTINUE CASE MANAGEMENT DATES; DECLARATION OF CINDY O'HARA; [proposed] ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Stipulation to Continue Case Management Conference; Declaration of Cindy O'Hara; Order

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Designation of rebuttal experts Non-expert and expert discovery cutoff Dispositive motions filed by Dispositive motion hearing by Pretrial conference date Jury trial date IT IS SO STIPULATED. Dated: January 29, 2008

March 21, 2008 April 4, 2008 April 11, 2008 May 16, 2008 June 17, 2008 June 30, 2008

June 20, 2008 July 7, 2008 July 11, 2008 August 15, 2008 September 16, 2008 September 29, 2008

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By: /S/ Cindy O'Hara For Plaintiff EEOC

Dated:_____________________ KAU FF McCLAIN & McGUIRE, LLP By:__/s/ _____ES _L. ____PSON, IV ___ CHARL__ __ THOM_ Charl es L. Thomson, IV Danielle Ellis For Defendant Able Services, Inc.

DECLARATION OF CINDY O'HARA I, Cindy O'Hara, declare: 1. I am an attorney at law licensed to practice in the state of California, a senior trial

attorney with Plaintiff Equal Employment Opportunity Commission (EEOC), and an attorney of record for Plaintiff EEOC in this action. 2. On November 16, 2007, Defendant Able Services's counsel Danielle Ellis and I,

as counsel for Plaintiff EEOC, attended a case management conference, at which we discussed with the Court our plans for Defendant obtaining some documents through subpoena, and Plaintiff EEOC conducting one deposition, and then returning to mediation. At said case management conference, Ms. Ellis informed me that she was leaving right after the case management conference for the Thanksgiving week. The following week I was in Chicago all
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week on depositions in another matter. I returned to the office on December 3, 2007, however on December 5, 2007 I commenced an unanticipated six week medical leave, from which I just returned on January 18, 2008. Nothing was done on the case in my absence. 3. Since my return to work, I have spoken with Ms. Ellis and the mediator, and we

are in the process of arranging a mediation and a date for Plaintiff EEOC's deposition. 4. Since the February 8, 2008 Case Management Conference was set anticipating

that the mediation would have taken place by then and it has not, the parties now request a two month continuance of that date to allow the parties to conduct the discovery they represented was necessary prior to mediation (subpoena of documents on the part of Defendant, one deposition on the part of Plaintiff), and the mediation session, prior to a Case Management Conference. 5. In addition, because of the unanticipated delay in this case due to my medical

leave, the parties request that all dates be continued as set forth in the proposed order below, to allow the parties to conduct and conclude discovery should they not be successful in settling the case at mediation. I declare under penalty of perjury that the foregoing is true and correct. Executed this 29th day of January, 2008, at San Francisco, California. /S/ Cindy O'Hara ORDER It is ordered that the case management dates in this matter be continued as follows: Event Case management conference Designation of experts Designation of rebuttal experts Non-expert and expert discovery cutoff Di sp os it iv e motions filed by Current date February 8, 2008 March 3, 2008 March 21, 2008 April 4, 2008 April 11, 2008 New date April 11, 2008 June 2, 2008 June 20, 2008 July 7, 2008 July 11, 2008
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Dispositive motion hearing by Pretrial conference date Jury trial date IT IS SO ORDERED.

May 16, 2008 9/30/08 June 17, 2008 June 30, 2008

August 15, 2008 10/14/08 September 16, 2008 September 29, 2008 10/27/08

Dated:_______________________

________________________________ Unit ed States District Court Judge

Stipulation to Continue Case Management Conference; Declaration of Cindy O'Hara; Order

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