Rhinehart v. United Parcel Service, Inc.

Filing 19

ORDER continuing cmc to 7/10/09 @ 2:30 p.m. (ts, COURT STAFF) (Filed on 5/28/2009)

Case 3:09-cv-00741-SI

Document 18

Filed 05/26/2009

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PAUL, HASTINGS, JANOFSKY & WALKER LLP E. JEFFREY GRUBE (SB# 167324) RISHI N. SHARMA (SB# 239034) 55 Second Street, 24th Floor San Francisco, California 94105-3441 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendant UNITED PARCEL SERVICE, INC. MARK C. PETERS (SB#160611) DUCKWORTH PETERS LEBOWITZ LLP 235 Montgomery Street, Suite 1010 San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] [e-mail] JOHN A. FURUTANI (SB# 161757) FURUTANI & PETERS LLP 350 West Colorado Boulevard, Suite 200 Pasadena, California 91105 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff DANIEL KLINE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

KEITH RHINEHART, Plaintiff, vs. UNITED PARCEL SERVICE, INC., and DOES 1 through 25, inclusive, Defendants.

No. C-09-0741 SI STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE TO JUNE 19, 2009 7/10/09 Date: Time: Courtroom: Judge: June 5, 2009 2:30 p.m. 10, 19th Floor Hon. Susan Illston

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LEGAL_US_W # 61827148.1

STIPULATION & ORDER TO CONTINUE CMC U.S.D.C., N.D. Cal., No. C-09-0741 SI

Case 3:09-cv-00741-SI

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Plaintiff Keith Rhinehart and Defendant United Parcel Service, Inc. ("UPS"), appearing through their respective counsel of record, stipulate and request the Court enter an order as follows: STIPULATION 1. On February 19, 2009, UPS removed this Action ("Rhinehart") from the Superior Court

of California, County of Alameda, pursuant to diversity jurisdiction under 28 U.S.C. section 1332. UPS simultaneously removed Daniel Kline v. UPS, No. C-09-0742 ("Kline"). Previously, on December 1, 2008, UPS removed Ben Lopez v. UPS, Inc., No C-08-5396 ("Lopez"), to this Court. The plaintiffs in Lopez, Kline, and Rhinehart are represented by the same set of counsel; and the same set of counsel defends UPS in all of these cases. 2. On March 6, 2009, plaintiff Ben Lopez filed an administrative motion to relate his case

with Kline and Rhinehart pursuant to Civil Local Rule 3-12; UPS did not oppose the motion; and on March 11, 2009, the Court ordered Lopez, Kline, and Rhinehart related. As Lopez is the case with the lowest number, Kline and Rhinehart were transferred to Judge Illston, to whom Lopez was assigned following removal. 3. Following transfer, the Court set the initial case management conference in Kline and

Rhinehart for June 5, 2009, at 2:30 p.m. The parties had previously appeared on March 6, 2009, for the initial case management conference in Lopez, at which time the Court set a further case management conference for June 19, 2009, at 3:00 p.m. 4. Continuing the case management conferences in Kline and Rhinehart to June 19, 2009,

will further judicial economy and conserve the parties' resources by combining the parties' appearances into a single session. In addition, conducting the case management conferences in these related cases on the same day will allow the Court and the parties to consider the lawsuits, case management scheduling, and other issues together. 5. Also, lead trial counsel for plaintiff and UPS are unavailable on June 5, 2009, because of

a previously scheduled trial set to begin in Los Angeles on the following Monday, June 8, 2009. That case also has a Mandatory Settlement Conference scheduled for Thursday, June 4, 2009 in Los Angeles Superior Court.

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STIPULATION & ORDER TO CONTINUE CMC U.S.D.C., N.D. Cal., No. C-09-0741 SI

Case 3:09-cv-00741-SI

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6.

For these reasons, the parties stipulate to continue the initial case management conference

in Kline and Rhinehart to coincide with the further case management conference in Lopez on June 19, 2009, at 3:00 p.m., or a time that is convenient; and ask the Court to enter an order to that effect. Dated: May 23, 2009. PAUL, HASTINGS, JANOFSKY & WALKER LLP E. JEFFREY GRUBE RISHI N. SHARMA

By:

/s/ Rishi N. Sharma

Rishi N. Sharma Attorneys for Defendant UNITED PARCEL SERVICE, INC. Dated: May 23, 2009. DUCKWORTH · PETERS · LEBOWITZ LLP FURUTANI & PETERS LLP

By:

/s/ Mark C. Peters

MARK C. PETERS Attorneys for Plaintiff KEITH RHINEHART

[PROPOSED] ORDER Good cause appearing, the parties' stipulation to continue the case management conference in July 10 this Action is adopted by the Court. The parties are ordered to appear on June 19, 2009, 3:00 p.m., for the initial case management conference. Deadlines calculated from the date of the case management conference are accordingly reset.

Dated: May __, 2009.

__________________________________________ Susan Illston United States District Judge

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STIPULATION & ORDER TO CONTINUE CMC U.S.D.C., N.D. Cal., No. C-09-0741 SI