Byrd v. Superior Court of California, County of Marin et al

Filing 24

STIPULATION AND ORDER: Further Case Management Conference reset for 3/16/2009 04:00 PM; Signed by Judge Marilyn Hall Patel on 12/22/2008. (awb, COURT-STAFF) (Filed on 12/22/2008)

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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 Wiley Price & Radulovich, LLP DAVID M. POORE KAHN, BROWN & POORE LLP 110 Kentucky Street Petaluma, CA 94952 (707) 763-7100 FAX (707) 763-7180 Attorneys for Plaintiff SHEYANNE BYRD IAN P. FELLERMAN (State Bar No. 119725) JOAN PUGH NEWMAN (State Bar No. 148562) WILEY PRICE & RADULOVICH, LLP 1301 Marina Village Parkway, Suite 310 Alameda, California 94501 (510) 337-2810 FAX (510) 337-2811 Attorneys for Defendants SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN; IRENE MARIANI; FRANCES KENNEDY; SCOTT BESEDA; CHERI BRANNON; SHERI MCCONNELL; and KIM TURNER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SHEYANNE BYRD, Plaintiff, v. SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN; TOBY OLSEN; IRENE MARIANI; FRANCES KENNEDY; SCOTT BESEDA; CHERI BRANNON; SHERI MCCONNELL; KIM TURNER; and DOES 1 through 50, inclusive, Defendants. Case No.: C 08 4387 MHP STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE; EXTENDING TIME TO SERVE INITIAL DISCLOSURES; AND EXTENDING TIME TO FILE JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND RULE 26(f) REPORT; AND PROPOSED ORDER_________________________ IT IS HEREBY STIPULATED AND AGREED by Plaintiff Sheyanne Byrd and Defendants, through their respective counsel of record, that: (i) the Case Management Conference be continued to a date after the February 9, 2009 hearing on Defendants' Motion to Dismiss the First Amended Complaint; and (ii) the deadline for serving Initial Disclosures, filing a Joint Case Management Statement and filing a Rule 26(f) Report be extended until 10 days 1 Stip. Continuing CMC; Extending Time to Serve Initial Disclosures; and Extending Time to File Jt. CMC Case No. C 08 4387 MHP E-filing 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 Wiley Price & Radulovich, LLP prior to the rescheduled Case Management Conference date. The parties request the abovereferenced continuance and extension because Defendants' Motion to Dismiss the First Amended Complaint will be scheduled for hearing on February 9, 2009, and the parties want to know what claims if any will be at issue prior to serving their Initial Disclosures, filing the Joint Case Management Conference Statement, and filing a Rule 26(f) report. Date: December 19, 2008 KAHN, BROWN & POORE LLP By: /s/ DAVID M. POORE Attorneys for Plaintiff SHEYANNE BYRD Date: December 19, 2008 WILEY, PRICE & RADULOVICH, LLP By: /s/ IAN P. FELLERMAN JOAN PUGH NEWMAN Attorneys for Defendants SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN; IRENE MARIANI; FRANCES KENNEDY; SCOTT BESEDA; CHERI BRANNON; SHERI MCCONNELL; AND KIM TURNER 2 Stip. Continuing CMC; Extending Time to Serve Initial Disclosures; and Extending Time to File Jt. CMC Case No. C 08 4387 MHP E-filing 1 2 3 4 5 6 7 ORDER Based on the parties' Stipulation, and for good cause showing, IT IS HEREBY ORDERED that: (i) the Case Management Conference is continued from January 5, 2009 to March 16, 2009 at 4:00 p.m. February __, 2009; and (ii) the deadline for the parties to serve Initial Disclosures, file a Joint Case Management Conference Statement and file a Rule 26(f) Report shall be 10 days prior to the new Case Management Conference date. Date: December ___, 2008 22 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Wiley Price & Radulovich, LLP UNIT ED 8 By: Hon. Marilyn Hall Patel ED United States O ORDER Judge S District Court S S DISTRICT TE C TA RT U O ER N D IS T IC T R OF 3 Stip. Continuing CMC; Extending Time to Serve Initial Disclosures; and Extending Time to File Jt. CMC Case No. C 08 4387 MHP E-filing A C LI FO arilyn Judge M l H. Pate R NIA IT IS NO RT H 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 Wiley Price & Radulovich, LLP PROOF OF SERVICE I am a citizen of the United States, employed in the County of Alameda, California, over the age of 18 years, and am not a party to the within-entitled action. My business address is 1301 Marina Village Parkway, Suite 310, Alameda, California 94501. On the date set forth below, I served the following document(s) by the method indicated below: STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE; EXTENDING TIME TO SERVE INITIAL DISCLOSURES; AND EXTENDING TIME TO FILE JOINT CASE MANAGEMENT CONFERENCE STATEMENT AND RULE 26(f) REPORT; AND PROPOSED ORDER Facsimile by transmitting via facsimile on this date from fax number (510) 337-2811 the document(s) listed above to the fax number(s) set forth below. The transmission was completed before 5:00 p.m. and was reported complete and without error. The transmission report, which is attached to this proof of service, was properly issued by the transmitting fax machine. Service by fax was made by agreement of the parties, confirmed in writing pursuant to California Code of Civil Procedure 1013(e). The transmitting fax machine complies with California Code of Civil Procedure 1013(e). First Class Mail by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Alameda, California addressed as set forth below pursuant to California Code of Civil Procedure 1013(a). I am readily familiar with the business practice at Wiley Price & Radulovich, LLP for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. Messenger by placing the document(s) listed above in a sealed envelope(s) and by causing personal delivery of the envelope(s) to the person(s) at the address(es) set forth below. A signed proof of service by the process server or delivery service will be filed shortly. Personal Delivery by personally hand delivering the document(s) listed above in a sealed envelope(s) to the person(s) at the address(es) set forth below pursuant to California Code of Civil Procedure 1011. Overnight Delivery by placing the document(s) listed above in a sealed envelope(s) and consigning it to an express service carrier for guaranteed delivery on the next business day following the date of consignment to the address(es) set forth below pursuant to California Code of Civil Procedure 1013I. A copy of the consignment slip is attached to this proof of service. David M. Poore Kahn, Brown & Poore LLP 110 Kentucky Street Petaluma, CA 94952 Tel. No.: (707) 763-7100 Fax No.: (707) 763-7180 I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed December 19, 2008 at Alameda, California. /s/ Eileen O'Rourke Stip. Continuing CMC; Extending Time to Serve Initial Disclosures; and Extending Time to File Jt. CMC Case No. C 08 4387 MHP E-Filing

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