Paulsen et al v. Local No. 856 of International Brotherhood of Teamsters et al

Filing 42

STIPULATION AND ORDER CONTINUING Initial Case Management Conference to 3/3/2009 10:00 AM re 40 . Signed by Judge Elizabeth D. Laporte on 12/18/08. (lmh, COURT STAFF) (Filed on 12/18/2008)

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David M. Poore, SBN 192541 Scott A. Brown, SBN 177099 [e-mail] KAHN BROWN & POORE LLP 110 Kentucky Street Petaluma, California 94952 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and Proposed Class Andrew H. Baker [e-mail] Beeson, Tayer & Bodine 1404 Franklin Street, 5th Floor Oakland, CA 94612 Telephone: [phone] ext. 300 Facsimile: [phone] Attorneys for Defendants Teamsters Local 856, Joseph Martinelli Richard Gibson, Esq. [e-mail] International Brotherhood of Teamsters 25 Louisiana Ave., NW Washington, DC 20001 Telephone: [phone] Attorneys for IBT, Pro Hac Vice UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KATHLEEN PAULSEN; et al, on behalf themselves, and on behalf of all others similarly situated, Plaintiffs, v. LOCAL NO. 856 OF INTERNATIONAL BROTHERHOOD OF TEAMSTERS; INTERNATIONAL BROTHERHOOD OF TEAMSTERS; JOE MARTINELLI; and DOES 1 through 50, inclusive, Defendants. -1STIPULATION AND PROPOSED ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE PAULSEN V. LOCAL 856 OF INTERNATIONAL BROTHERHOOD OF TEAMSTERS, ET AL. C08-3109 EDL

Case No. C08-3109 EDL STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE

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IT IS HEREBY STIPULATED AND AGREED UPON by the parties and their respective counsel of record that the Initial Case Management Conference ("CMC"), presently set for December 23, 2008 at 10:00 a.m. be continued for a period of approximately ninety days to allow defendants an opportunity to respond to the recently amended complaint and provide the parties an opportunity to prepare an Initial CMC Statement and Discovery Plan once the Court rules upon defendants' anticipated Motion to Dismiss. Plaintiff's First Amended Complaint was filed with the court on December 5, 2008. Defendants intend to file a Motion to Dismiss, however it has not yet been filed and no hearing date has been set. Until the Court rules upon defendants' Motion to Dismiss, it would be difficult for the parties to separate the issues to address before the court in a Case Management Conference. The parties have also agreed to extend the time for filing initial disclosures in accordance with the new Case Management Conference date. Good cause exists to continue the Case Management Conference on the following grounds. First, the parties' attorneys previously attended a meet and confer conference to develop a Joint Case Management Conference. However, at the time, there was a motion to dismiss hearing pending and the attorneys were unable to complete the meet and confer conference as the status of the pleadings were unclear in light of the pending Motions to Dismiss. Since that time, plaintiffs have amended their complaint. Defendants' responsive pleading to the First Amended Complaint has not yet been filed, however defendants intend upon filing another Motion to Dismiss. As a result, the preparation of a Joint CMC Statement and Discovery Plan would be premature until defendants' the Court has ruled on defendants' Motion to Dismiss. Finally, the parties are not making this request for any improper purpose, including delay. Instead, the parties are making this request in order to promote judicial economy, including avoiding an unnecessary Initial CMC hearing in which the parties are unable to address the pertinent issues to develop a discovery plan and narrow the factual and legal issues for discovery and trial. The parties are requesting a 90-day extension so as to provide enough time to bring the case at issue and not burden the court with multiple stipulations. /// -2STIPULATION AND PROPOSED ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE PAULSEN V. LOCAL 856 OF INTERNATIONAL BROTHERHOOD OF TEAMSTERS, ET AL. C08-3109 EDL

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SO STIPULATED.

Dated: December 17, 2008

KAHN BROWN & POORE LLP

/s/ David M. Poore Attorneys for Plaintiff

Date: December 17, 2008

BEESON, TAYER & BODINE /s/ Andrew H. Baker Attorneys for Defendants Teamsters Local 856, Joseph Martinelli, and Local Counsel for IBT

Date: December 17, 2008

International Brotherhood of Teamsters

/s/ Richard Gibson Attorneys for Defendants International Brotherhood of Teamsters, Pro Hac Vice

-3STIPULATION AND PROPOSED ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE PAULSEN V. LOCAL 856 OF INTERNATIONAL BROTHERHOOD OF TEAMSTERS, ET AL. C08-3109 EDL

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[PROPOSED] ORDER

IT IS SO ORDERED. The Court finds that good cause exists to continue the Initial Case Management Conference. The Initial Case Management Conference is continued from 10:00 a March 3 December 23, 2008 to ___________________, 2009, at _____________.m. in Courtroom E, 15th Floor, San Francisco, California.

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12/18/08 Dated: _____________________

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