Danielle Smith et al v. Pepsi Americas et al

Filing 39

ORDER granting request to continue motion for summary judgment to 10/16/09. Signed by Judge Illston on 8/11/09. (tf, COURT STAFF) (Filed on 9/2/2009)

Case3:08-cv-02742-SI Document37

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ATTO R N E Y S AT L A W SAN FRANCISCO

LATHAM & WATKINS LLP Ernest J. Getto (Bar No. 55662) [e-mail] Holly J. Tate (Bar No. 237561) [e-mail] 505 Montgomery Street, Suite 2000 San Francisco, California 94111-2562 Telephone: [phone] Facsimile: [phone] LATHAM & WATKINS LLP Collie F. James (Bar No. 192318) [e-mail] Charity M. Gilbreth (Bar No. 223504) [e-mail] 650 Town Center Drive, 20th Floor Costa Mesa, CA 92626 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants PepsiAmericas, Inc. and Pneumo Abex LLC (successor to Pneumo Abex Corporation) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA HARRY WHITLOCK, et. al., Plaintiffs, v. PEPSIAMERICAS; WHITMAN CORPORATION; PNEUMO ABEX CORPORATION; DOES 1-XX, Defendants. CASE NO. C-08-2742 SI STIPULATION AND [PROPOSED] ORDER TO AMEND BRIEFING SCHEDULE FOR MOTION FOR SUMMARY JUDGMENT ON STATUTE OF LIMITATIONS GROUNDS (Honorable Susan Illston)

STIPULATION AND [PROPOSED] ORDER CASE NO. C-08-2742 SI

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STIPULATION WHEREAS, Defendants' motion for summary judgment on statute of limitations grounds is currently due to be filed on September 4, 2009 and the hearing on such motion is scheduled for October 9, 2009; WHEREAS, based on these deadlines, the parties worked cooperatively to schedule all necessary depositions of plaintiffs prior to the filing deadline; WHEREAS, despite counsel's best efforts, three of the scheduled depositions had to be cancelled because either the plaintiff or plaintiff's counsel was ill; WHEREAS, due to plaintiffs' counsel vacation schedules, the parties are unable to find a mutually convenient time to reschedule these depositions before the week of August 31, 2009; WHEREAS, as a result of having to reschedule these depositions for that week, the parties need additional time for the briefing of the motion for summary judgment on statute of limitations grounds; WHEREAS, the parties now agree to extend the deadline for the filing of the motion for summary judgment on statute of limitations grounds by one week to September 11, 2009 and the hearing on this motion to October 16, 2009; THEREFORE, subject to Court approval, the parties STIPULATE that the deadline for Defendants' motion for summary judgment on statute of limitations ground will be moved from September 4, 2009 to September 11, 2009 and the hearing on this motion will be moved from October 9, 2009 to October 16, 2009. The parties further STIPULATE that plaintiffs' opposition to this motion will be due on September 25, 2009 and that Defendants' //// //// //// //// //// ////
STIPULATION AND [PROPOSED] ORDER CASE NO. C-08-2742 SI

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reply to plaintiffs' opposition to this motion will be due on October 2, 2009.

Dated: August 10, 2009

LATHAM & WATKINS By ______/s/____________ Holly J. Tate Attorneys for Defendants PNEUMO ABEX CORPORATION and WHITMAN CORPORATION _

Dated: August 10, 2009

WILLIAM SIMPICH, Esq.

By ______/s/ _____________________ William Simpich Attorneys for Plaintiffs Dated: August 10, 2009 TESFAYE W. TSADIK, ESQ.

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By ______/s/ _____________________ Tesfaye W. Tsadik Attorneys for Plaintiffs Pursuant to General Order 45.X.B., I, Holly Tate, certify that William Simpich and Tesfaye Tsadik have concurred in the filing of this stipulation and proposed order. IT IS SO ORDERED. DATED:________________, 2009 _______________________________________ Honorable Susan Illston UNITED STATES DISTRICT COURT JUDGE

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STIPULATION AND [PROPOSED] ORDER CASE NO. C-08-2742 SI