Gundersen v. Lennar Associates Management, LLC et al

Filing 29

ORDER to continue ADR dealine and the further CMC re 27 Stipulation and Proposed Order selecting Mediation, filed by Lennar Corporation, Lennar Associates Management, LLC Further Case Management Conference set for 4/9/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 11/10/09. (be, COURT STAFF) (Filed on 11/12/2009)

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Aaron L. Agenbroad (CA State Bar No. 242613) [e-mail] Amanda M. Ose (CA State Bar No. 251757) [e-mail] JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Ted Meyer (TX State Bar No. 13997500) (admitted pro hac vice) [e-mail] Julia L. Nye (CA State Bar No. 160092) [e-mail] JONES DAY 717 Texas, Suite 3300 Houston, TX 77002-2712 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants LENNAR ASSOCIATES MANAGEMENT, LLC; LENNAR CORPORATION DBA LENNAR HOMES

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ERIC GUNDERSEN, on behalf of himself and all others similarly situated, Plaintiff, v. LENNAR ASSOCIATES MANAGEMENT, LLC; LENNAR CORPORATION dba LENNAR HOMES, and DOES 1 ­ 10, inclusive, Defendants. Case No. CV-09-2270 CRB STIPULATION AND [Proposed] ORDER TO CONTINUE THE ADR DEADLINE AND THE FURTHER CASE MANAGEMENT CONFERENCE

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Stip. and [Proposed] Order to Continue the ADR Deadline and Further CMC Case No. CV-09-2270 CRB

HUI-120456v2

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Subject to the approval of the Court, Plaintiff Eric Gundersen ("Plaintiff") and defendants Lennar Associates Management, LLC, and Lennar Corporation dba Lennar Homes ("Defendants"), through their respective counsel of record, hereby stipulate to the following: 1. 2. The parties agreed to private mediation of this matter. The Court ordered the parties to hold their ADR session by December 28, 2009, which is 140 days from entry of the Court's Order dated August 10, 2009 (Docket # 19). The Court also ordered a Further Case Management Conference at 8:30 a.m. on January 8, 2010. (Docket # 26.) 3. At the time of the Court's Order, the parties were working on selecting a mediator. The parties have since agreed to use David Rotman for mediation. 4. All parties, including the mediator, Mr. Rotman, are available for mediation on March 8, 2010. 5. Accordingly, the parties respectfully request a continuation of the ADR deadline to March 10, 2010, or a date thereafter, to provide them with an opportunity to complete mediation. 6. The parties have been engaged in the limited pre-mediation discovery that was agreed upon in the parties' Joint Case Management Statement (Docket # 23). To date Plaintiff has not been satisfied that the pre-mediation discovery agreed to will produce information sufficient to allow him to negotiate a class-wide settlement in good faith. Accordingly, Plaintiff has propounded further discovery. Defendants disagree and reserve their defenses and objections. Defendants have offered alternatives to Plaintiff in an attempt to resolve the matter, and the parties will meet and confer regarding such discovery. Accordingly, an extension of the ADR deadline will allow the parties to hopefully resolve any discovery disputes and be better prepared to engage in a meaningful mediation process.

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Stip. and [Proposed] Order to Continue the ADR Deadline and Further CMC Case No. CV-09-2270 CRB

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Dated:

7.

The parties also respectfully request a continuation of the Further Case Management Conference to 8:30 a.m. on April 9, 2010, or a date thereafter that is available to the Court.

Dated: November 2, 2009

Jones Day

By: /s/ Aaron L. Agenbroad Aaron L. Agenbroad Counsel for Defendants Lennar Associates Management, LLC and Lennar Corporation dba Lennar Homes Dated: November 2, 2009 Hinton, Alfert & Summer Bruckner Burch PLLC

By: /s/ Aaron D. Kaufmann Aaron D. Kaufman Richard J. (Rex) Burch Counsel for Plaintiff Eric Gundersen

ORDER PURSUANT TO STIPULATION, IT IS ORDERED. hold The parties shall old the ADR session by March 10, 2010, or the following later date: _________________________________________________________. The Further Case Management Conference presently set for January 28, 2010, is continued to 8:30 a.m. on April 9, 2010, or the following later date and time: ___________________________________________, 2010, at ________________ a.m. / p.m.
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