Brackett v. Hilton Hotels Corporation et al

Filing 43

ORDER - AMENDED/CORRECTED Order 42 Re Stipulated Request to Continue Settlement Conference. Signed by Magistrate Judge Edward M. Chen on 9/5/2008. (emcsec, COURT STAFF) (Filed on 9/5/2008)

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HANSON BRIDGETT LLP LAWRENCE A. CIRELLI - 114710 [e-mail] GARNER K. WENG - 191462 [e-mail] 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants KEVIN A. BARRY and KEVIN BARRY FINE ART ASSOCIATES UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION BERENICE BRACKETT, Plaintiff, v. HILTON HOTELS CORPORATION, et. al., Defendants. Case No. CV 08-02100 WHA (EMC) AMENDED/CORRECTED STIPULATED REQUEST TO CONTINUE SETTLEMENT CONFERENCE; [PROPOSED] AMENDED ORDER

STIPULATION WHEREAS, the parties in this action have been engaging in settlement discussions; WHEREAS, the Court referred this case to Magistrate Judge Edward M. Chen for mediation/settlement; WHEREAS, the parties are interested in scheduling the settlement conference early in the discovery phase of the proceedings; WHEREAS, on Friday, August 29, 2008, counsel for Defendants Kevin Barry and Kevin Barry Fine Art Associates inquired into the availability of dates for a settlement conference and was advised that September 8, 2008 was the only available date in September 2008; -1AMENDED/CORRECTED STIPULATED REQUEST TO CONTINUE SETTLEMENT CONFERENCE (CASE NO. CV 08-2100 WHA (EMC))
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WHEREAS, the counsel for the parties were available on that date and inquired into the availability of the appropriate client representatives; WHEREAS, confirming whether the appropriate client representatives were available took somewhat longer because of the Labor Day Weekend; WHEREAS, one of the client representatives needed for a settlement conference resides in Memphis, Tennessee--and was unable to clear his schedule to be present at a settlement conference in San Francisco, California on September 8, 2008; WHEREAS, on September 3, 2008, counsel for Defendants Kevin Barry and Kevin Barry Fine Art Associates inquired into the availability of alternative dates for a settlement conference and was advised that there had been a cancellation such that September 22, 2008 had become available; WHEREAS, the parties and their counsel have all confirmed their availability to attend a settlement conference on September 22, 2008; WHEREAS, the parties wish to participate in a settlement conference on September 22, 2008; NOW, THEREFORE, the parties to this action, through their undersigned counsel, stipulate and ask the Court to enter its order as follows: 1. 2. The settlement conference scheduled for September 8, 2008 is vacated. A settlement conference is scheduled for September 22, 2008, at 10:00

a.m., Courtroom C, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. 3. Settlement Conference statements shall be lodged by hard copy only with

Judge Chen's Chambers by September 15, 2008 (or such other date specified by the Court). Statements shall not be electronically filed. 4. No later than September 15, 2008, the parties shall meet and confer to

discuss who will attend and ensure compliance with the Court's Settlement Conference -------2AMENDED/CORECTED STIPULATED REQUEST TO CONTINUE SETTLEMENT CONFERENCE (CASE NO. CV 08-2100 WHA (EMC))
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Order regarding full authority.

DATED: September 5, 2008

THE BERNSTEIN LAW GROUP, P.C. By: /s/ Marc N. Bernstein

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Attorneys for Plaintiff BERENICE BRACKETT HOWREY LLP /s/ Robert N. Phillips

Attorneys for Defendants HILTON HOTELS CORPORATION and HILTON SUPPLY MANAGEMENT, INC. HANSON BRIDGETT LLP By: /s/ Garner K. Weng

Attorneys for Defendants KEVIN A. BARRY and KEVIN BARRY FINE ART ASSOCIATES

SIGNATURES UNDER GENERAL ORDER NO. 45 Pursuant to General Order No. 45 of the United States District Court, Northern District of California, I, Garner K. Weng--the ECF User whose User ID and Password are used in the filing of this document--hereby attest that the concurrence to the filing of this document has been obtained from each of the other signatories to this document. /s/ GARNER K. WENG

AMENDED/CORECTED STIPULATED REQUEST TO CONTINUE SETTLEMENT CONFERENCE (CASE NO. CV 08-2100 WHA (EMC))

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ORDER The settlement conference scheduled for September 8, 2008 is vacated. A settlement conference is scheduled for September 22, 2008, at 10:00

a.m., Courtroom C, 15th Floor, Federal Building, 450 Golden Gate Avenue, San Francisco, California 94102. 3. Settlement Conference statements shall be lodged by hard copy only with

Judge Chen's Chambers by September 15, 2008. Statements shall not be electronically filed. 4. No later than September 15, 2008, the parties shall meet and confer to

discuss who will attend and ensure compliance with the Court's Settlement Conference Order regarding full authority.

PURSUANT TO STIPULATION, IT IS SO ORDERED.
S DISTRICT TE C TA

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September 5 DATED: _____________, 2008

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