O'Donovan v. Cashcall, Inc.

Filing 10

ORDER EXTENDING CASE MANAGEMENT DEADLINES. Signed by Judge Maria-Elena James on 9/26/2008. (mejlc1, COURT STAFF) (Filed on 9/26/2008)

Case 3:08-cv-03174-MEJ

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JAMES C. STURDEVANT (SBN 94551) ([e-mail]) MONIQUE OLIVIER (SBN 190385) ([e-mail]) WHITNEY HUSTON (SBN 234863) ([e-mail]) THE STURDEVANT LAW FIRM A Professional Corporation 354 Pine Street, Fourth Floor San Francisco, California 94104 Telephone:[phone] Facsimile: [phone] Attorneys for Plaintiff KRISTA O'DONOVAN BRAD W. SEILING (SBN 143515) ([e-mail]) MANATT, PHELPS & PHILLIPS, LLP 11355 W. Olympic Blvd. Los Angeles, CA 90064 Telephone:[phone] Facsimile: [phone] Attorneys for Defendant CASHCALL, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KRISTA O'DONOVAN, an individual, Plaintiff, v. CASHCALL, INC., a California corporation, and DOES 1 through DOE 50, inclusive, Defendants.

Case No.: C 08-03174 MEJ STIPULATION AND [proposed] ORDER FOR EXTENSION OF DEADLINES; DECLARATION OF WHITNEY HUSTON Magistrate Judge: Maria-Elena James Complaint filed: June 1, 2008

STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES; DECL. OF WHITNEY HUSTON CASE NO.: C 08-03174 MEJ

Case 3:08-cv-03174-MEJ

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WHEREAS, Plaintiff Krista O'Donovan and Defendant CashCall, Inc. filed a Stipulation and [proposed] Order for Extension of Deadlines on September 11, 2008 [Docket # 6], in which the parties requested extension to the deadlines set forth in the June 1, 2008 Order Setting Initial Case Management Conference and ADR Deadlines ("CMC Order") [Docket # 4]. WHEREAS the Court granted this request on September 9, 2008 [Docket # 8]. WHEREAS, the parties inadvertently requested in their Stipulation that the deadline to file the Rule 26(f) Report, complete initial disclosures or state objections in the Rule 26(f) Report, and to file the Joint Case Management Statement, be the same date as the conference of the parties pursuant to Federal Rules of Civil Procedure, rule 26, i.e., November 14, 2008. WHEREAS, pursuant to Rule 26(f)(2) and the CMC Order, the deadline for: (1) filing the Rule 26(f) Report, (2) completing initial disclosures or stating an objection in the Rule 26(f) Report, and (3) filing the Joint Case Management Statement is 7 days prior to the Initial Case Management Conference. NOW, THEREFORE, Plaintiff and Defendant, through their respective counsel, hereby stipulate, subject to the approval of this Court, that deadline to file the Rule 26(f) Report, complete initial disclosures or state objections in the Rule 26(f) Report, and to file the Joint Case Management Statement be extended to November 26, 2008. DATED: September 26, 2008 THE STURDEVANT LAW FIRM A Professional Corporation By: /s/ Whitney Huston WHITNEY HUSTON Attorneys for Plaintiff

DATED: September 26, 2008

MANATT, PHELPS & PHILLIPS, LLP By: /s/ Brad W. Seiling BRAD W. SEILING Attorneys for Defendant

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. By: /s/ Whitney Huston WHITNEY HUSTON

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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES; DECLARTION OF WITNEY HUSTON CASE NO.: C 08-03174 MEJ

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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES; DECLARTION OF WITNEY HUSTON CASE NO.: C 08-03174 MEJ

PURSUANT TO STIPULATION, IT IS SO ORDERED. The last day for parties to file the Rule 26(f) Report, complete initial disclosures or state objections in the Rule 26(f) Report, and to file the Joint Case Management Statement shall be extended to November 26, 2008. September 26 DATED: ________________, 2008 _______________________________________ MARIA-ELENA JAMES United States Magistrate Judge

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DECLARATION OF WHITNEY HUSTON I, Whitney Huston, declare as follows: 1. I am a member of the State Bar of California and admitted to practice law in all the

courts of the State of California and in the United States District Court for the Northern District of California. I am in good standing with the Bar and with this Court. I am employed by The Sturdevant Law Firm, counsel for plaintiffs in the above-entitled action. 2. I make this declaration of my own personal knowledge, and if called as a witness,

could and would testify competently to the matters stated herein. 3. On September 11, 2008, the parties, through their respective counsel, filed a

Stipulation and [proposed] Order for Extension of Deadlines on September 11, 2008 [Docket # 6], in which the parties requested extension to the deadlines set forth in the June 1, 2008 Order Setting Initial Case Management Conference and ADR Deadlines ("CMC Order") [Docket # 4]. The Court granted this request on September 9, 2008 [Docket # 8]. 4. However, after the September 9, 2008 Order was issued, I noticed that the parties had

inadvertently requested that the deadline to file the Rule 26(f) Report, complete initial disclosures or state objections in the Rule 26(f) Report, and to file the Joint Case Management Statement, be the same date as the conference of the parties pursuant to Federal Rules of Civil Procedure, rule 26, i.e., November 14, 2008. 5. On September 25, 2008, the parties, through their respective counsel, conferred

regarding this inadvertent error. As such, Plaintiff's and Defendant's counsel agreed that to seek to correct this error, subject to the Court's approval. I declare under penalty of perjury that the foregoing is true and correct. Executed this 26th day of September, 2008, at San Francisco, California.

By:
Z:\434 - CashCall, Inc\Pleadings\Stip re Extension of deadlines-amended.doc

/s/ Whitney Huston WHITNEY HUSTON

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STIPULATION AND [PROPOSED] ORDER FOR EXTENSION OF DEADLINES; DECLARTION OF WITNEY HUSTON CASE NO.: C 08-03174 MEJ

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