Galli v. Pittsburg Unified School District

Filing 38

ORDER GRANTING 37 Stipulation on Case Scheduling. Signed by Judge JEFFREY S. WHITE on 3/1/10. (jjo, COURT STAFF) (Filed on 3/1/2010)

Case3:09-cv-03775-JSW Document37

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1 DAVID SCHER, California Bar No. 184562 THE EMPLOYMENT LAW GROUP, P.C. th 2 888 17 Street, NW, Suite 900 Washington, D.C. 20006 3 [e-mail] 4 [phone] [phone] (facsimile) 5 Counsel for Plaintiff Tim Galli 6 7 8 9 10 The Employment Law Group, P.C. 888 17th Street, NW, Suite 900 Washington, D.C. 20006 Ph: 202.331.2883 · Fax: [phone] TIM GALLI, 12 13 14 vs. Plaintiff, CASE NO. 3:09-cv-03775-JSW JOINT STIPULATION ON CASE SCHEDULING AND ORDER THEREON UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

PITTSBURG UNIFIED SCHOOL 15 DISTRICT, BARBARA WILSON and PERCY MCGEE, 16 Defendants. 17 18 19 21 23 24 25 26 27 28 SUBJECT TO THE APPROVAL OF THIS COURT, THE PARTIES HEREBY 20 STIPULATE TO THE FOLLOWING: 1. On October 9, 2009, the parties agreed to stipulate to various matters, including a 22 Case Management Conference on January 8, 2009, telephonically, subject to the Court's approval. 2. On October 10, 2009, the Court Ordered that a Case Management Conference will

be held, in person, on January 8, 2009. 3. Plaintiff was unavailable in person on January 8, 2009, the prior date set for the Case

Management Conference. The parties agreed, and the Court approved the agreement, to hold the Initial Case Management Conference on January 29, 2010, in person. 4. On December 11, 2009, all parties, through their respective counsel of record,
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1 engaged in the Rule 26 conference telephonically to discuss those items required by Rule 26(f) 2 including initial disclosures, early settlement, ADR process selection, and a discovery plan for the 3 above-referenced matter. 4 5. On December 18, 2009, all parties, through their respective counsel of record, 5 engaged in a follow-up teleconference to further discuss a discovery plan for the above-referenced 6 matter. 7 6. As part of the outcome of those two teleconferences and follow up correspondence 8 between the parties' counsel, the parties agreed to submit the instant matter to alternate dispute 9 resolution (specifically Early Neutral Evaluation ("ENE")) to attempt to resolve the matter, if 10 possible, in advance of the Case Management Conference. 11 7. Counsel for Defendants determined, through contact with the Court's ENE program, 12 that, with enough advanced notice, it may be possible to schedule ENE prior to the Case 13 14 Management Conference. 15 8. To accommodate Plaintiff's scheduling conflict and to allow for ENE and potential 16 early resolution if possible, the parties requested, and the Court granted their request, to extend the 17 Case Management Conference from January 29, 2010 to Friday, March 26, 2010. 18 20 22 23 24 25 26 27 28 9. The parties are pursuing claims related to this action in both state and federal court. 19 At present, the parties are briefing a motion on demurrer in Contra Costa County Superior Court. 10. The parties believe that having a ruling on the motion to demurrer, prior to ENE, will 21 greatly increase the effectiveness of ENE. 11. Thus, the parties request to move the Case Management Conference to May 7, 2010

The Employment Law Group, P.C. 888 17th Street, NW, Suite 900 Washington, D.C. 20006 Ph: 202.331.2883 · Fax: [phone]

and ENE to on or before May 6, 2010. The parties also request to move the deadline for their respective Case Management Statements to April 30, 2010. 12. 6, 2010. 8. Conference.
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The parties have notified their ENE coordinator and requested to move ENE to May

Discovery is ongoing, notwithstanding the delay in the Case Management

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1 2 3 4 5 6 7 8 9 10 The Employment Law Group, P.C. 888 17th Street, NW, Suite 900 Washington, D.C. 20006 Ph: 202.331.2883 · Fax: [phone] DATED: March 1, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 March 1, 2010 26 DATED:_______________ 27 28 3 __________________________ Hon. Jeffrey S. White UNITED STATES DISTRICT JUDGE [PROPOSED] ORDER IT IS HEREBY ORDERED, pursuant to the above Stipulation of the parties, that the case schedule be amended as outlined above. Respectfully submitted, FAGEN FRIEDMAN & FULFROST, LLP By: /s/ David Scher Attorneys for Plaintiff TIM GALLI SO STIPULATED. DATED: March 1, 2010 Respectfully submitted, THE EMPLOYMENT LAW GROUP, P.C.

By:

/s/ Roy A. Combs Attorneys for Defendants PITTSBURG UNIFIED SCHOOL DISTRICT, BARBARA WILSON AND PERCY MCGEE

JOINT STIPULATION ON CASE SCHEDULING AND THE SERVICE OF PLEADINGS

Case No. 3:09-cv-03775-JSW