Castaneda v. Burger King Corporation et al

Filing 56

STIPULATION AND ORDER SHORTENING TIME RE PLAINTIFF'S MOTION TO COMPEL REMOVAL OF CONFIDENTIAL DESIGNATION. Signed by Judge William Alsup on 1/27/2009. (whasec, COURT STAFF) (Filed on 1/27/2009)

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Bill Lann Lee ­ CA State Bar No. 108452 Julia Campins ­ CA State Bar No. 238023 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. 1330 Broadway, Suite 1800 Oakland, CA 94612 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Timothy P. Fox - CA State Bar No. 157750 Amy Robertson (pro hac vice) FOX & ROBERTSON, P.C. 910 - 16th Street, Suite 610 Denver, CO 80202 Telephone:[phone] Facsimile:[phone] Email: [e-mail] [e-mail] Attorneys for Plaintiffs (additional counsel on next page)

IN THE UNITED STATES DISTRICT COURT 19 FOR THE NORTHERN DISTRICT OF CALIFORNIA 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER [CASE NO. C 08-4262] vs. BURGER KING CORPORATION, Defendants. MIGUEL CASTANEDA on behalf of himself and others similarly situated Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 08-4262 WHA STIPULATION AND [PROPOSED] ORDER TO SHORTEN TIME TO RESPOND TO AND SETTING BRIEFING SCHEDULE FOR PLAINTIFF'S MOTION TO COMPEL REMOVAL OF CONFIDENTIAL DESIGNATION

1 2 3 4 5 6 7 8 9 10 11 12 13 Attorneys for Plaintiff 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER [CASE NO. C 08-4262] Page 1 Attorneys for Defendant Michael D. Joblove (pro hac vice) Jonathan E. Perlman (pro hac vice) GENOVESE JOBLOVE & BATTISTA P.A. Bank of America Tower 100 Southeast 2nd Street, 44th Floor Miami, Florida 33131 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Clement L. Glynn, Bar No. 57117 Adam Friedenberg, Bar No. 205778 GLYNN & FINLEY, LLP One Walnut Creek Center 100 Pringle Avenue, Suite 500 Walnut Creek, CA 94596 Telephone: [phone] Facsimile: [phone] Email: [e-mail] [e-mail] Antonio M. Lawson, Bar No. 140823 LAWSON LAW OFFICES 160 Franklin Street, Suite 204 Oakland, CA 94607 Telephone: [phone] Facsimile: [phone] [e-mail] Linda D. Kilb, Bar No. 136101 DISABILITY RIGHTS EDUCATION & DEFENSE FUND 2212 Sixth Street Berkeley, CA 94710 Telephone:[phone] Facsimile:[phone] E-mail: [e-mail] Mari Mayeda, Bar No. 110947 P O Box 5138 Berkeley, CA 94705 Telephone: [phone] Facsimile: [phone] [e-mail]

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Plaintiff Miguel Castaneda and Defendant Burger King Corporation hereby stipulate as follows: WHEREAS, the stipulated protective order signed by both parties and approved by the Court on December 31, 2008 (Dkt. #41) requires all disputes regarding the propriety of confidentiality designations to be resolved by the Court if the dispute cannot be resolved; WHEREAS, pursuant to the protective order, Plaintiff desires to have the Court determine whether Burger King Corporation has properly designated the list of Burger King-leased restaurants as confidential; WHEREAS, on February 12, 2009, the parties will already be in front of the Court for Defendants' Motion to Dismiss and Motion for Stay, at 8:00 a.m. as well as the Case Management Conference, at 11:00 a.m.; WHEREAS, the parties desire to minimize counsel's need to travel and the inconvenience to the Court and to resolve issues in an expedient and efficient manner; WHEREAS, the parties recognize that a shortened briefing schedule does not give the Court many days to review the briefs before the hearing, but believe that, because the dispute only involves one document, it may be briefed and considered in a shortened time period; WHEREAS, the parties have agreed to a briefing schedule on the aforementioned motion to avoid inconvenience to the Court and parties; THEREFORE, IT IS HEREBY STIPULATED between the parties as follows: 1. Defendant's last day to file an opposition to Plaintiff's Motion to Compel Removal

of Confidential Designation is February 6, 2009. 2. Plaintiff's last day to file a reply in support of his Motion to Compel Removal of

Confidential Designation is February 10, 2009. 3. Subject to the Court's availability, Plaintiff's motion shall be heard by the

Honorable William Alsup on February 12, 2008 at 8:00 a.m., along with Defendant's Motion to Dismiss and Motion for Stay SO STIPULATED.

28 JOINT STIPULATION AND [PROPOSED] ORDER [CASE NO. C 08-4262] Page 2

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 JOINT STIPULATION AND [PROPOSED] ORDER [CASE NO. C 08-4262] Page 3 I, Julia Campins, hereby attest that, pursuant to General Order 45, Section XB, concurrence in the filing of this document has been obtained from each of the other signatories herein By /s/ Michael Joblove Michael D. Joblove Attorneys for Defendants Burger King Corporation and Burger King Holdings, Inc. ATTESTATION Dated: January 26, 2009 GENOVESE JOBLOVE & BATTISTA, P.A. MICHAEL D. JOBLOVE (pro hac vice) JONATHAN E. PERLMAN (pro hac vice) 100 SE Second Street, 44th Floor Miami, FL 33131 GLYNN & FINLEY, LLP CLEMENT L. GLYNN ADAM FRIEDENBERG One Walnut Creek Center 100 Pringle Avenue, Suite 500 Walnut Creek, CA 94596 By /s/ Julia Campins Julia Campins Attorneys for Plaintiff Dated: January 26, 2009 FOX & ROBERTSON TIMOTHY P. FOX AMY F. ROBERTSON (pro hac vice) 3801 East Florida Avenue, Suite 400 Denver, CO 80210 LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C. BILL LANN LEE JULIA CAMPINS 1330 Broadway, Suite 1800 Oakland, CA 94612

1 2 3 4 Dated: January 27, 2009.

[PROPOSED] ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.
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