Lopez v. United Parcel Services, Inc.

Filing 32

ORDER extending mediation deadline (tf, COURT STAFF) (Filed on 9/8/2009)

Case3:08-cv-05396-SI Document31

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PAUL, HASTINGS, JANOFSKY & WALKER LLP E. JEFFREY GRUBE (Cal. State Bar No. 167324) RISHI N. SHARMA (Cal. State Bar No. 239034) RYAN C. HESS (Cal. State Bar No. 263079) 55 Second Street, 24th Floor San Francisco, California 94105-3441 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Attorneys for Defendant UNITED PARCEL SERVICE, INC. MARK C. PETERS (Cal. State Bar No. 160611) DUCKWORTH · PETERS · LEBOWITZ LLP 235 Montgomery Street, Suite 1010 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] [e-mail] JOHN A. FURUTANI (Cal. State Bar No. 161757) FURUTANI & PETERS LLP 350 West Colorado Boulevard, Suite 200 Pasadena, California 91105 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff BEN LOPEZ

UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 22 BEN LOPEZ, 23 Plaintiff, 24 vs. 25 26 27 28
LEGAL_US_W # 62298745.2

No. C-08-5396 SI STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE

UNITED PARCEL SERVICE, INC., and DOES 1 through 25, inclusive, Defendants.

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE

Case3:08-cv-05396-SI Document31

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STIPULATION On March 6, 2009, following the initial case management conference, the Court ordered

the parties to complete mediation with 150 days, or August 3, 2009. On June 19, 2009, the parties appeared for the further case management conference and requested the Court continue the deadline to October 5, 2009, which the Court granted following the case management conference. 2. The parties have participated in several telephone conferences with the Court's ADR staff

and the court-appointed mediator. During these conversations, it has been difficult to schedule the mediation given the parties' conflicting trial schedules and the pendency of 53 other individual wageand-hour lawsuits against United Parcel Service, Inc. alleging the same causes of action Plaintiff alleges in this action. The parties believe that until further cases proceed to trial, they will be unable to mediate a compromised valuation of Plaintiff's claim. In addition, scheduling is made more difficult by the pendency of Rhinehart v. United Parcel Service, Inc., No. C-09-0741 SI, and Kline v. United Parcel Service, Inc., No. C-09-0742 SI, which are both before this Court, involve the same parties and legal claims, and have the same deadline to complete mediation. 3. Based on their trial schedules, the progress of discovery, and the desire to mediate this

case in conjunction with its related cases, the parties agree to continue the deadline to complete mediation to December 31, 2009, and ask the Court adopt the parties' stipulation. 4. The parties also stipulate to continue discovery deadlines to permit further exchanges in

advance of mediation and with an eye towards potential settlement as follows: Non-expert discovery cut-off to November 15, 2009; designation of experts to November 15, 2009; designation of rebuttal experts to November 30, 2009; and expert discovery cut-off to December 31, 2009. All other pre-trial dates, including those related to dispositive motions, the pre-trial conference, and the trial date are to remain unchanged. /// /// /// /// ///
LEGAL_US_W # 62298745.2

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE

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Dated: September 3, 2009.

PAUL, HASTINGS, JANOFSKY & WALKER LLP E. JEFFREY GRUBE RISHI N. SHARMA RYAN C. HESS

By: 5 6 7 8 9 By: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: September 3, 2009.

/s/ Rishi N. Sharma

Rishi N. Sharma Attorneys for Defendant UNITED PARCEL SERVICE, INC. DUCKWORTH · PETERS · LEBOWITZ LLP FURUTANI & PETERS LLP

/s/ Mark C. Peters

MARK C. PETERS Attorneys for Plaintiff BEN LOPEZ

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE

Case3:08-cv-05396-SI Document31

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LEGAL_US_W # 62298745.2

[PROPOSED] ORDER Good causing appearing, the Court adopts the parties' stipulation as the order of the Court. The deadline to complete mediation is extended from October 5, 2009, to December 31, 2009, and the discovery deadlines are modified according to the parties' stipulation. IT IS SO ORDERED. Dated: September __, 2009. __________________________________________ Susan Illston United States District Judge

STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE