Milton et al v. Trueposition, Inc.

Filing 11

ORDER continuing litigation dates; cmc set 1/16/09. Signed by Judge Illston on 10/10/08. (ts, COURT STAFF) (Filed on 10/14/2008)

Case 3:08-cv-03616-SI

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Filed 10/09/2008

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Jared E. Peterson, State Bar No. 49700 [e-mail] LAW OFFICES OF JARED E. PETERSON 2017 Lincoln Street Berkeley, California 94709 Telephone: [phone] Facsimile: 510.841.4464 Attorneys for Plaintiffs VERSIL MILTON, CHRIS BEAGLE, ANDREW LORRICK, JAMIEL JAMIESON, ED ZELTMAN, AND JON HOLIDAY Rebecca Eisen, State Bar No. 96129 [e-mail] m MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, California 94105-1126 Telephone: [phone] Facsimile: 415.442.1001 Attorneys for Defendant TRUEPOSITION, INC.

J. Derek Bra ziel, TX Bar No. 00793380 Lee & Braziel, LLP 1801 N. Lamar Street, Suite 325 Dallas, Texas 75202 Telephone: [phone] Pro Hac Vice Pending

Brian L. Johnsrud, State Bar No. 184474 bjo [e-mail] m MORGAN, LEWIS & BOCKIUS LLP 2 Palo Alto Square 3000 El Camino Real, Suite 700 Palo Alto, California 94306-2122 Telephone: [phone] Facsimile: 650.843.4001

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

VERSIL MILTON, CHRIS BEAGLE, ANDREW LORRICK, JAMIEL JAMIESON, ED ZELTMAN, AND JON HOLIDAY, on behalf of themselves and those similarly situated, Plaint iffs,

CASE NO. C08-03616 SI COLLECTIVE ACTION/CLASS ACTION JOINT STIPULATION AND PROPOSED ORDER CONTINUING CERTAIN LITIGATION DEADLINES

21 v. 22 TRUEPOSITION, INC., 23 Defendant. 24 25 26 27 28
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Judge: Hon. Susan Illston Complaint Filed: July 29, 2008 Trial Date: Not set.

JOINT STIPULATION AND PROPOSED ORDER CONTINUING CERTAIN LITIGATION DEADLINES
CASE NO. C08-03616 SI

Case 3:08-cv-03616-SI

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JOINT STIPULATION Plaint iffs Versil Milton, Chris Beagle, Andrew Lorrick, Jamiel Jamieson, Ed Zeltman and Jon Holiday ("Plaint iffs") and Defendant TruePosition, Inc. ("Defendant" or "TruePosition"), by and through their respective counsel o f record named herein, hereby stipulate as follows: WHEREAS, Plaintiffs filed their Complaint on July 29, 2008; WHEREAS, the Court set certain litigation deadlines based on the July 29, 2008 filing date, including the last day to meet and confer regarding initial disclosures, ADR process selection, and the discovery plan; WHEREAS, Plaint iffs served the Complaint on TruePosition on September 24, 2008; WHEREAS, TruePosit ion's response to Plaintiff's Complaint is currently due on October 14, 2008; WHEREAS, TruePosition's responsive pleading deadline is just three days before the existing deadline to meet and confer regarding initial disclosures, ADR process selection, and the discovery plan; WHEREAS, the parties have stipulated to a short continuance of the deadline for TruePosition's responsive pleading as well as certain existing (and corresponding) litigation deadlines; WHEREAS, neither party has been or will be prejudiced by the short continuation of these certain lit igat ion deadlines, and no prior extensions have been sought; THEREFORE, the parties, through their undersigned respective counsel, stipulate and request that the Court approve the following litigation deadlines: Event Last day for Defendant to file a responsive pleading: Last day to: · meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan · file ADR Certification signed by Parties and Counsel
JOINT STIPULATION AND PROPOSED ORDER CONTINUING CERTAIN LITIGATION DEADLINES
CASE NO. C08-03616 SI

Old deadline 10/14/2008 10/17/2008

New deadline 11/13/2008 12/15/2008

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(form available at http://www.cand.uscourts.gov) file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference (form available at http://www.cand.uscourts.gov) Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contents of Joint Case Management Statement (also available at http://www.cand.uscourts.gov) Init ial Case Management Conference in Ctrm. 10, 19th Floor at 11/7/2008 1/16/09 10/31/2008 1/9/2009

11 2:00 PM 12 IT IS SO STIPULATED. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Dated: October 8, 2008

Respect fully Submitted: PLAINTIFFS By their attorneys, LEE & BRAZIEL By: /s/ J. Derek Braziel J. Derek Braziel

Dated: October 8, 2008

Defendant TRUEPOSITION, INC. By its attorneys, MORGAN, LEWIS & BOCKIUS, LLP By: /s/ Brian L. Johnsrud Brian L. Johnsrud

ORDER AS STIPULATED BY THE PARTIES, IT IS SO ORDERED. Dated: ___________, 2008 _______________________________ Hon. Susan Illston United States District Court Judge 3
JOINT STIPULATION AND PROPOSED ORDER CONTINUING CERTAIN LITIGATION DEADLINES
CASE NO. C08-03616 SI