Byers et al v. Service Employees International Union et al

Filing 62

STIPULATION AND ORDER re Filing of Fourth Amended Complaint, and setting Case Management Conference for 7/9/09 at 10:00 a.m. Signed by Judge Samuel Conti on 2/25/09. (tdm, COURT STAFF) (Filed on 2/25/2009)

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Robert M. Weinberg (admitted pro hac vice) Leon Dayan (admitted pro hac vice) BREDHOFF & KAISER, PLLC 805 Fifteenth Street, NW, Tenth Floor Washington, D.C. 20008 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Glenn Rothner (CSB No. 67353) ROTHNER, SEGALL & GREENSTONE 510 South Marengo Avenue Pasadena, CA 91101 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

Attorneys for Defendants 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Stipulation and [Proposed] Order re Filing of Fourth Amended Complaint Case No. 08- 1870 SC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BYERS et al., ) ) Plaintiffs, ) ) v. ) SERVICE EMPLOYEES INTERNATIONAL ) UNION, et al., ) ) Defendants. ) ) ) ) ) CASE NO. CV 08 1870 (SC) STIPULATION AND [PROPOSED] ORDER RE FILING OF FOURTH AMENDED COMPLAINT

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This case was originally filed on April 8, 2008, and was transferred to this Courtroom on July 1, 2008. On January 6, 2009, plaintiffs filed their Third Amended Complaint, seeking injunctive relief and other forms of relief as well. The plaintiffs allege that, since the filing of the Third Amended Complaint, certain of the parties to this action have taken actions that the plaintiffs believe warrant further amendments to the Third Amended Complaint. Without comment on the merits of any allegation, counsel for all parties are willing to stipulate that plaintiffs may file a Fourth Amended Complaint before this Court hears any motion challenging the merits of the Third Amended Complaint. The Initial Case Management Conference is set for April 17, 2009, and the terms of the stipulation set forth below will not require that Conference date to change, unless the court so orders. Thus, the parties, by and through their counsel, agree and request an Order as follows: (1) Complaint. (2) The motion to dismiss currently calendared for April 17, 2009 is taken off On or before March 13, 2009, the Plaintiffs will file a Fourth Amended

calendar by defendants, without prejudice to re-filing appropriate motions after being served with the Fourth Amended Complaint. (3) Defendants' motion to dismiss or other responsive pleading to the Fourth

Amended Complaint will be filed on or before April 10, 2009, and, as applicable, will be set for hearing on May 29, 2009 at 10:00 a.m., or the next available date. The Initial Case Management Conference will be set for the first available date after the hearing on the motion to dismiss, and the Rule 26(f) report of the parties shall be due one week before the Initial Case Management Conference.

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IT IS SO STIPULATED

2 Stipulation and [Proposed] Order re Filing of Fourth Amended Complaint Case No. 08- 1870 SC

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Dated: February 24, 2009

BREDHOFF & KAISER By: /s/Leon Dayan

Attorneys for All Defendants

Dated: February 24, 2009 6

SIEGEL & LEWITTER By:____/s/Latika Malkani_____

7 Attorneys for All Plaintiffs 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
3 Stipulation and [Proposed] Order re Filing of Fourth Amended Complaint Case No. 08- 1870 SC

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[PROPOSED] ORDER Purusuant to the stipulation of the parties; (1) Complaint. (2) The motion to dismiss currently calendared for April 17, 2009 is taken off On or before March 13, 2009, the Plaintiffs will file a Fourth Amended

calendar by defendants, without prejudice to re-filing appropriate motions after being served 6 7 8 9 10 11 12 13 14
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with the Fourth Amended Complaint. (3) Defendants' motion to dismiss or other responsive pleading to the Fourth

Amended Complaint will be filed on or before April 10, 2009, and, as applicable, will be set for hearing on ___5/29 ___, 2009. ____ The Initial Case Management Conference will be set for the first available date after the hearing on the motion to dismiss, and the Rule 26(f) report of the parties shall be due on or

6/ _ 9 before ____1_____, 2009. The Case Management Conference is set for 7/19/09 at 10:00 a.m.
IT IS SO ORDERED:
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Dated: __2_2_____, 2009 _ / _5

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4 Stipulation and [Proposed] Order re Filing of Fourth Amended Complaint Case No. 08- 1870 SC

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__________I__O _RDE__D __________ _O__ RE _ IT S S The Honorable Samuel Conti
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