Bergman et al v. Thelen LLP et al

Filing 16

ORDER Granting re 9 Stipulation Continuing Date of Initial Case Management conference filed by Thelen LLP Initial Case Management Conference set for 3/24/2009 10:00 AM.. Signed by Judge Elizabeth D. Laporte on 2/26/09. (fj, COURT STAFF) (Filed on 2/26/2009)

1 2 3 4 5 6 Attorneys for Defendant Thelen LLP 7 8 9 10 11 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ATTO R N E Y S AT L A W LOS ANGELES

LATHAM & WATKINS LLP Wayne S. Flick (Bar No. 149525) Kimberly A. Posin (Bar No. 223091) David B. Hazlehurst (Bar No. 261043) 355 South Grand Avenue Los Angeles, California 90071-1560 Telephone: [phone] Facsimile: +1.213.891.8763 [e-mail]; [e-mail]

BLUM | COLLINS LLP Steven A. Blum (Bar No. 133208) Craig M. Collins (Bar No. 151582) 707 Wilshire Blvd., 48th Floor Los Angeles, California 90017 Telephone: [phone] Facsimile: +1.213.572.0401 [e-mail]; [e-mail] Attorneys for Plaintiffs

ADAM BERGMAN, KENDRICK PATTERSON, MICHAEL ATTIANESE, and ANDREA LEVY, each individually, and on behalf of all others similarly situated and the general public, Plaintiffs, v. THELEN LLP, a California limited liability partnership, THELEN, REID, BROWN, RAYSMAN & STEINER LLP, a California limited liability partnership, and DOES 1-500, Defendants.

CASE NO. CV-08-5322-EDL STIPULATION AND [PROPOSED] ORDER CONTINUING DATE OF INITIAL CASE MANAGEMENT CONFERENCE

[No Hearing Required]

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STIPULATION AND [PROPOSED] ORDER CONTINUING DATE OF INITIAL CMC

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ATTO R N E Y S AT L A W LOS ANGELES

TO THE HONORABLE ELIZABETH D. LAPORTE, UNITED STATES MAGISTRATE JUDGE, AND OTHER INTERESTED PARTIES:

Defendant Thelen LLP ("Defendant"), on the one hand, and Plaintiffs Adam Bergman, Kendrick Patterson, Michael Attianese and Andrea Levy ("Plaintiffs"), on the other, by and through their undersigned counsel, stipulate as follows: WHEREAS, on or about November 24, 2008, Plaintiffs filed a Complaint for (1) Violation of the WARN Act (29 U.S.C. § 2101 et seq.); (2) Breach of Contract; and (3) Promissory Estoppel in the above-captioned action. WHEREAS, pursuant to this Court's November 24, 2009 Order Setting Initial Case Management Conference and ADR Deadlines, the Initial Case Management Conference in this case is currently scheduled for March 3, 2009. WHEREAS, the parties have recently agreed to enter into a stipulation to permit Plaintiffs to file a First Amended Complaint ("FAC") naming additional plaintiffs and claims, and possibly naming additional defendants. The parties respectfully submit that it would be beneficial to them and to the Court to continue the Initial Case Management Conference for a short time in order to permit such stipulation to be submitted to the Court and, if approved, for the FAC to be filed. The parties intend to prepare and file this stipulation and the proposed FAC as promptly as possible. WHEREAS, Wayne S. Flick, lead counsel for Defendant, regrettably has an unavoidable scheduling conflict on March 3, 2009, the date currently set for the Initial Case Management Conference. The Ninth Circuit last week rescheduled the oral argument in a matter for which he has primary responsibility, requiring that he be in Pasadena, California on March 3, 2009 at 9:30 a.m.; and WHEREAS, subject to this Court's approval, the parties have agreed to continue the Initial Case Management Conference to March 24, 2009, at 10:00 a.m., or to the next date and time available on the Court's calendar.
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STIPULATION AND [PROPOSED] ORDER CONTINUING DATE OF CMC

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NOW THEREFORE THE PARTIES STIPULATE AS FOLLOWS: The March 3, 2009 Initial Case Management Conference shall be continued to March 24, 2009 at 10:00 a.m. or to the next date and time available on the Court's calendar.
Dated: February 18, 2009 Respectfully submitted, LATHAM & WATKINS LLP Wayne S. Flick Kimberly A. Posin David B. Hazlehurst By David B. Hazlehurst Attorneys for Defendant Thelen LLP Dated: February 18, 2009 BLUM | COLLINS LLP Steven A. Blum Craig M. Collins

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Steven A. Blum Attorneys for Plaintiffs

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ORDER This Court, having considered the Stipulation, and good cause and adequate notice appearing therefor, hereby ORDERS: 1. The Stipulation is approved. 2. The Initial Case Management Conference shall be continued from

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ATTO R N E Y S AT L A W LOS ANGELES

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March 3, 2009, at 10:00 a.m. to March 24, 2009, at 10:00 a.m. S DISTRICT February 26, 2009 TE _________________________________ 24 Dated:_____________ C TA
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Hon. Elizabeth D. Laporte UNITED STATES MAGISTRATE JUDGE

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