Brackett v. Hilton Hotels Corporation et al

Filing 50

STIPULATION AND ORDER TO EXTEND DEADLINES TO ADD PARTIES OR CLAIMS. Signed by Judge Alsup on September 23, 2008. (whalc1, COURT STAFF) (Filed on 9/23/2008)

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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 HANSON BRIDGETT LLP LAWRENCE A. CIRELLI - 114710 lcirelli@hansonbridgett.com GARNER K. WENG - 191462 gweng@hansonbridgett.com 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: (415) 777-3200 Facsimile: (415) 541-9366 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) SECOND STIPULATED REQUEST TO AMEND CASE MANAGEMENT ORDER TO EXTEND DEADLINE TO ADD PARTIES OR CLAIMS BY THREE WEEKS; [PROPOSED] ORDER STIPULATION WHEREAS, the trial date in this action is set for June 15, 2009 (per the Court's Case Management Order dated June 30, 2008); WHEREAS, the non-expert discovery cut-off date in this action is February 6, 2009 (per the Court's Case Management Order dated June 30, 2008); WHEREAS, the deadline to seek leave to add new parties or otherwise to amend the pleadings is October 21, 2008 (per the Court's Order dated July 14, 2008); WHEREAS, the Court referred this case to Magistrate Judge Edward M. Chen for mediation/settlement; WHEREAS, a settlement conference was held on September 22, 2008, at which the parties reached a binding settlement entered on the record in Judge Chen's -1SECOND STIPULATED REQUEST TO AMEND CASE MANAGEMENT ORDER (CASE NO. CV 08-2100 WHA (EMC)) 1600013.1 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 courtroom; WHEREAS, the settlement reached by the parties requires certain acts to be performed within six weeks of September 22, that is, by November 3, 2008, upon the completion of which the plaintiff will dismiss all of her claims with prejudice; WHEREAS, the settlement agreement provides that pending the completion of these acts the parties will freeze all further discovery activity, and will request the Court to extend by three weeks plaintiff's October 21, 2008 deadline for adding claims or parties; and WHEREAS, the settlement agreement further provides that it may be set aside and the case be reinstituted, in the discretion of the plaintiff, if the steps required to be taken within six weeks are not completed in six weeks, i.e. by November 3, 2008; NOW, THEREFORE, the parties to this action, through their undersigned counsel, stipulate and ask the Court to enter its order as follows: The deadline for seeking leave to add new parties or otherwise to amend the pleadings is extended by three weeks, to and including November 11, 2008. DATED: September 23, 2008 THE BERNSTEIN LAW GROUP, P.C. By: /s/ Marc N. Bernstein Attorneys for Plaintiff BERENICE BRACKETT DATED: September 23, 2008 HOWREY LLP By: /s/ Robert Phillips Attorneys for Defendants HILTON HOTELS CORPORATION and HILTON SUPPLY MANAGEMENT, INC. -2SECOND STIPULATED REQUEST TO AMEND CASE MANAGEMENT ORDER (CASE NO. CV 08-2100 WHA (EMC)) 1600013.1 1 2 DATED: September 23, 2008 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 -3SECOND STIPULATED REQUEST TO AMEND CASE MANAGEMENT ORDER (CASE NO. CV 08-2100 WHA (EMC)) 1600013.1 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 ORDER The deadline for seeking leave to add new parties or otherwise to amend the pleadings is extended to and including November 11, 2008. PURSUANT TO STIPULATION, IT IS SO ORDERED. UNIT ED S DISTRICT TE C TA RT U O S N F D IS T IC T O R A The Honorable William Alsup ER C LI FO September 23 DATED: _____________, 2008 By: Judge W illiam A lsup R NIA IT IS S O ORD ERED NO RT H

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