Kirbyson v. Tesoro Corporation et al

Filing 85

STIPULATION AND ORDER Jury Selection set for 12/5/2011 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Jury Trial set for 12/5/2011 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Pretrial Conference set for 11/18/2011 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 4/21/11. (tdm, COURT STAFF) (Filed on 4/22/2011)

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M ORENO & R IVERA, LLP

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1451 River Park Drive, Suite 145
Sacramento, California 95815

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Tel: [phone] Fax: [phone]

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Jesse M. Rivera, CSN 84259
Shanan L. Hewitt, CSN 200168
Jonathan B. Paul, CSN 215884

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Attorneys for Plaintiff,
GEORGE KIRBYSON

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GEORGE L. KIRBYSON,
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Plaintiff,
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vs.
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TESORO REFINING AND MARKETING
COMPANY, BRUCE SMITH, DAN
PORTER, WILLIAM BODNAR, BILL
REITZEL, DANIEL CARLSON, RICK
RIOS, TAMMY MEAMBER, DIANE
DANIELS, LARRY ANGEL, UNITED
STEELWORKERS INTERNATIONAL
UNION LOCAL 5, JEFF CLARK, STEVE
ROJEK, and DOES 1 through 200, inclusive,

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Defendants.
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CASE NO. C09-03990 SC
STIPULATED REQUEST TO CONTINUE
TRIAL DATE; DECLARATION OF
SHANAN L. HEWITT IN SUPPORT
THEREOF

IT IS HEREBY STIPULATED by all parties to this action and the parties have agreed to

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request a continuance of the trial date as set forth in the Court’s order of April 19, 2011. The

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parties have stipulated to continue the current trial date of August 24, 2011 to December 2011,

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and that a pretrial conference be set accordingly.

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Date: April 20, 2011

MORENO & RIVERA, LLP

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_/s/ Shanan L. Hewitt
SHANAN L. HEWITT
Attorney for Plaintiff,
George Kirbyson

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Date: April 20, 2011

FULBRIGHT & JAWORSKI, LLP

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/s/ Amy McGinnis Gillinger

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AMY MCGINNIS GILLINGER,
Attorney for Defendant,
Tesoro Refining and Marketing Company

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Date: April 20, 2011

WEINBERG, ROGER & ROSENFELD

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/s/ Kristina L. Hillman

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KRISTINA L. HILLMAN,
Attorney for Defendant,
United Steelworkers International Union,
Local 5

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Stipulated Request to Continue Trial Date
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DECLARATION OF SHANAN L. HEWITT IN SUPPORT OF

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STIPULATED REQUEST TO CONTINUE TRIAL DATE

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I, Shanan L. Hewitt, declare that:
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I am attorney of record for Plaintiff GEORGE KIRYBSON and have personal

knowledge of each and all of the facts stated in this Declaration.
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I am an attorney authorized to practice law in the State of California and the U.S.

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District Courts for the Eastern and Northern Districts of California, the Ninth Circuit Court of

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Appeals and the United States Supreme Court.

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3.

On April 19, 2011, Plaintiff’s counsel received an order from the Court resetting

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the trial date from June 6, 2011 to August 24, 2011. Plaintiff’s counsel will be unavailable for

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trial of this matter on August 24, 2011, as they will be preparing for a four (4) to six (6) week

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trial commencing on September 13, 2011 in Sallie, et al. v. County of Sacramento, Sacramento

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County Superior Court Case No. 34-2008-00014747-CU-OE-GDS. Due to the extensive

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allegations in the Sallie case by four (4) plaintiffs, the sizeable volume of documents/exhibits

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involved (in excess of approximately 75,000 pages of documents), large number of witnesses,

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and anticipated expert testimony from at least seven (7) experts, it is anticipated that the

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preparation for the Sallie trial will be extensive and take approximately 4-6 weeks to complete.

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4.

On April 19, 2011, the undersigned spoke with Court Clerk Ms. De Martini who

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informed the undersigned to file a stipulation and order to continue the August 24, 2011 trial date

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and advised the undersigned that December 2011 (probably December 5, 2011) was available for

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trial of this matter.

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5.

Plaintiff’s counsel has conferred with defense counsel Amy McGinnis Gillinger

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and Kristina L. Hillman, and the parties have stipulated to continue the current August 24, 2011

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trial date to December 2011, and a pretrial conference date to be set accordingly.

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6.

Counsel is not bringing this request to cause any undue delay or for any dilatory

purpose.
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Counsel respectfully requests that this Honorable Court grant the parties’ request

and continue the trial date to December 2011 with a pretrial conference to be set accordingly.
Stipulated Request to Continue Trial Date
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I declare under penalty of perjury that the foregoing is true and correct.

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Executed on this 20th day of April 2011, at Sacramento, California.

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/s/ Shanan L. Hewitt

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SHANAN L. HEWITT

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Stipulated Request to Continue Trial Date
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George L. Kirbyson v. Tesoro Refining and Marketing Company, et al.
U.S. District Court, Northern District Sacramento
Case Number C 09-03990 SC
PROOF OF SERVICE

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I am a citizen of the United States, employed in the City and County of Sacramento. My
business address is 1451 River Park Dr., Suite 145, Sacramento, California, 95815. I am over the
age of 18 years and not a party to the above-entitled action.

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I am familiar with MORENO & RIVERA, LLP's practice whereby the mail is sealed, given the
appropriate postage and placed in a designated mail collection area. Each day's mail is collected
and deposited in a U.S. mailbox after the close of each day's business.

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On the following date, I served the attached:
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STIPULATED REQUEST TO CONTINUE TRIAL DATE; DECLARATION OF
SHANAN L. HEWITT IN SUPPORT THEREOF

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X

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___

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on the parties below in this action via electronic mail.
(By Express Mail pursuant to Code of Civil Procedure section 1013.) I deposited each
sealed envelope, with the postage prepaid, to be delivered via Federal Express to the
party(ies) so designated on the service list.

addressed as follows:
Attorneys for Tesoro
Michael S. Chamberlin
Fulbright & Jaworski, L.L.P.
555 South Flower Street, 41st Floor
Los Angeles, CA 90071
[e-mail]

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I declare under penalty of perjury that the foregoing is true and correct and that this declaration is
executed on April 20, 2011 at Sacramento, California.

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/s/ Shanan L. Hewitt

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SHANAN L. HEWITT

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Stipulated Request to Continue Trial Date
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M ORENO & R IVERA, LLP

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1451 River Park Drive, Suite 145
Sacramento, California 95815

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Tel: [phone] Fax: [phone]

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Jesse M. Rivera, CSN 84259
Shanan L. Hewitt, CSN 200168
Jonathan B. Paul, CSN 215884

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Attorneys for Plaintiff,
GEORGE KIRBYSON

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IN THE UNITED STATES DISTRICT COURT

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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GEORGE L. KIRBYSON,
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Plaintiff,
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vs.
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TESORO REFINING AND MARKETING
COMPANY, BRUCE SMITH, DAN
PORTER, WILLIAM BODNAR, BILL
REITZEL, DANIEL CARLSON, RICK
RIOS, TAMMY MEAMBER, DIANE
DANIELS, LARRY ANGEL, UNITED
STEELWORKERS INTERNATIONAL
UNION LOCAL 5, JEFF CLARK, STEVE
ROJEK, and DOES 1 through 200, inclusive,

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Defendants.
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CASE NO. C09-03990 SC
[PROPOSED] ORDER ON STIPULATED
REQUEST TO CONTINUE TRIAL DATE

The parties have stipulated to continue the current trial date of August 24, 2011, as set

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forth in the Court order of April 19, 2011, to December 2011, and that a pretrial conference be

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set accordingly.

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IT IS HEREBY ORDERED that the trial of this matter is continued to December ___,

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2011 at 10:00 a.m./p.m. before the Honorable Samuel Conti. The pretrial conference is set for
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11/18/11 at 10:00 a.m./p.m.
________ _____

ER

O ORD

IT IS S

R NIA

THE HONORABLE U.S. DISTRICT
JUDGE SAMUEL CONTI
ti
uel Con
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Judge S

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_____________________________
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UNIT
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4/21/11

Date: _______________

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[Proposed] Order on Stipulation to Continue Trial Date
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George L. Kirbyson v. Tesoro Refining and Marketing Company, et al.
U.S. District Court, Northern District Sacramento
Case Number C 09-03990 SC
PROOF OF SERVICE

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I am a citizen of the United States, employed in the City and County of Sacramento. My
business address is 1451 River Park Dr., Suite 145, Sacramento, California, 95815. I am over
the age of 18 years and not a party to the above-entitled action.

6
7

I am familiar with MORENO & RIVERA, LLP's practice whereby the mail is sealed, given the
appropriate postage and placed in a designated mail collection area. Each day's mail is collected
and deposited in a U.S. mailbox after the close of each day's business.

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On the following date, I served the attached:
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[PROPOSED] ORDER ON STIPULATED REQUEST TO CONTINUE TRIAL
DATE

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X

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___

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on the parties below in this action via electronic mail.
(By Express Mail pursuant to Code of Civil Procedure section 1013.) I deposited each
sealed envelope, with the postage prepaid, to be delivered via Federal Express to the
party(ies) so designated on the service list.

addressed as follows:
Attorneys for Tesoro
Michael S. Chamberlin
Fulbright & Jaworski, L.L.P.
555 South Flower Street, 41st Floor
Los Angeles, CA 90071
[e-mail]

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I declare under penalty of perjury that the foregoing is true and correct and that this declaration
is executed on April 20, 2011 at Sacramento, California.

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/s/ Shanan L. Hewitt

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SHANAN L. HEWITT

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[Proposed] Order on Stipulation to Continue Trial Date
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