Equal Employment Opportunity Commission v. ABM Industries Inc.

Filing 16

ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND TO EXTEND DEALINE FOR FILING JOINT CASE MANAGEMENT STATEMENT AND INTIAL DISCLOSURES re 15 Stipulation filed by Equal Employment Opportunity Commission. Signed by Magistrate Judge Bernard Zimmerman on 2/5/2010. (ahy, COURT STAFF) (Filed on 2/5/2010)

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WILLIAM R. TAMAYO, Bar No. 084965 (CA) JONATHAN T. PECK, Bar No. 12303 (VA) DAVID OFFEN-BROWN, Bar No. 63321 (CA) CINDY O'HARA, Bar No. 114555 (CA) DEBRA A. SMITH, Bar. No. 147863 (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. ABM INDUSTRIES, INC., Defendant.

Civil Action No. CV9-4593 BZ STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND TO EXTEND DEADLINE FOR FILING JOINT CASE MANAGEMENT STATEMENT AND INITIAL DISCLOSURES Present Date for Case Management Conference: February 22, 2010 Proposed Date: March 22, 2010 Present Filing Date for Case Management Statement: February 15, 2010 Proposed Date: March 15, 2010 Complaint Filed: September 29, 2009 .

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND DEADLINE FOR FILING JOINT CASE MANAGEMENT STATEMENT

CASE NO. CV 09-4593 BZ

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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ("Plaintiff") and ABM JANITORIAL SERVICES--NORTHERN CALIFORNIA ("Defendant") allegedly erroneously sued as ABM Industries Inc., by and through their respective counsel, hereby stipulate and request the Court to change the date for the parties' Initial Case Management Conference, currently set for February 22, 2010 and the deadline for filing their Joint Case Management Statement and Initial Disclosures. Plaintiff will amend its original Complaint as a matter of right pursuant to Federal Rule of Civil Procedure 15(a)(1) no later than February 5, 2010. Defendant agrees to withdraw its pending Motion to Dismiss, currently set for March 3, 2010. Given that an amended complaint is being filed, the Parties are unable to fully discuss all issues in the Joint Case Management Conference and/or the required Initial Disclosures before the current deadlines. The Parties by and through this stipulation hereby request the following schedule: Date: March 15, 2010 Date: March 22, 2010 Last day to file Joint Case Management Statement and Rule 26 Report and complete Initial Disclosures Initial Case Management Conference

E-filing certification: I, Cindy O'Hara, certify that I have obtained the concurrence of Matthew Marca, counsel for Defendant, for the filing of this Stipulation and [Proposed] Order to Continue Initial Case Management Conference and to Extend Deadline for Filing Joint Case Management Statement and Initial Disclosures. DATED: February 4, 2010 LITTLER MENDELSON By: /S/ Matthew D. Marca MATTHEW D. MARCA SARAH R. NICHOLS

Attorneys for Defendant ABM JANITORIAL SERVICES--NORTHERN CALIFORNIA DATED: February 4, 2010 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION By: /S/ Cindy O'Hara CINDY O'HARA Attorney for Plaintiff EEOC -2STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND DEADLINE FOR FILING JOINT CASE MANAGEMENT STATEMENT CASE NO. CV 09-4593 BZ

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND DEADLINE FOR FILING JOINT CASE MANAGEMENT STATEMENT CASE NO. CV 09-4593 BZ

ORDER IT IS SO ORDERED AND THE NEW SCHEDULE IS AS FOLLOWS: Date: March 15, 2010 Last day to file Joint Case Management Statement and Rule 26 Initial Disclosures Date: March 22, 2010 at 4:00 p.m. Initial Case Management Conference Report and complete

February 5 Dated: ________________, 2010

_____________________________________ Magistrate Judge Bernard Zimmerman