Nork et al v. Designed Cookies, Inc.

Filing 56

ORDER continuing CMC and ADR deadlines e 55 Stipulation filed by Designed Cookies, Inc.. Signed by Judge Charles R. Breyer on 2/16/2010. (be, COURT STAFF) (Filed on 2/16/2010)

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

JOEL D. SIEGEL (SBN 171919) SONNENSCHEIN NATH & ROSENTHAL LLP 601 South Figueroa Street, Suite 1500 Los Angeles, California 90017-5704 Telephone: [phone] Facsimile: [phone] [e-mail] KAREN C. MARCHIANO (SBN 233493) SONNENSCHEIN NATH & ROSENTHAL LLP 525 Market Street, 26th Floor San Francisco, CA 94105-2708 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant DESIGNED COOKIES, INC.

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Case No. CV 09-5336 CRB

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

DEBORAH NORK, LEE ROBERTS and BAKER'S BOUQUET, Plaintiffs, vs. DESIGNED COOKIES, INC., Defendants.

No. CV 09-5336 CRB STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES Current Initial Case Management Conference Date: March 12, 2010 Time: 8:30 a.m. Courtroom No. 8 Proposed New Initial Case Management Conference Date: April 23, 2010 Time: 8:30 a.m. Courtroom No. 8 Honorable Charles R. Breyer

-1Stipulation To Continue Initial Case Management and ADR Deadlines

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

Pursuant to Civil Local Rules 6-1(b) and 6-2 of the United States District Court for the Northern District of California, Plaintiffs Deborah Nork, Lee Roberts, and Baker's Bouquet ("Plaintiffs") and Defendant Designed Cookies, Inc. ("DCI"), by and through their respective counsel, hereby stipulate and agree to the following: On November 10, 2009, this Court issued an Order Setting Initial Case Management Conference And ADR Deadlines [Docket No. 3], which set deadlines to "meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan"; "file ADR Certification signed by Parties and Counsel"; "file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference"; and "to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement". By Clerk's Notice dated December 16, 2009 [Docket No. 18], this Court scheduled the Initial Case Management Conference for March 12, 2010 at 8:30 a.m. The parties are currently engaged in settlement discussions. The parties agree that in the interests of judicial economy, to preserve the parties' resources, and to facilitate settlement discussions, the deadlines from the Order Setting Initial Case Management Conference And ADR Deadlines [Docket No. 3] and the Clerk's Notice dated December 16, 2009 [Docket No. 18] should be continued approximately 45 days so that the deadlines in the following chart apply. This is the first stipulation to modify the schedule set by the Order Setting Initial Case Management Conference And ADR Deadlines [Docket No. 3] or the Clerk's Notice dated December 16, 2009 [Docket No. 18]. Deadline Last day to · meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; · file ADR Certification signed by Parties and Counsel; · file either Stipulation to ADR Process or
Case No. CV 09-5336 CRB -2Stipulation To Continue Initial Case Management and ADR Deadlines

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April 1, 2010

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

Notice of Need for ADR Phone Conference Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement Initial Case Management Conference April 23, 2010 at 8:30 a.m. in Courtroom 8 Respectfully submitted, Dated: February 11, 2010 SONNENSCHEIN NATH & ROSENTHAL LLP KAREN C. MARCHIANO, ESQ. April 15, 2010

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Case No. CV 09-5336 CRB

By:____________/S/ Karen C. Marchiano _______ Karen C. Marchiano Attorneys for Defendants DESIGNED COOKIES, INC. Dated: February 11, 2010 ZARCO EINHORN SALKOWSKI & BRITO, P.A. ROBERT ZARCO, ESQ.

By:____________/S/ Robert Zarco__________________ Attorneys for Plaintiffs DEBORAH NORK, LEE ROBERTS AND BAKER'S BOUQUET ATTESTATION CLAUSE I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories.

By:____________/S/ Karen C. Marchiano KAREN C. MARCHIANO

___

-3Stipulation To Continue Initial Case Management and ADR Deadlines

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

DECLARATION OF KAREN C. MARCHIANO I, Karen C. Marchiano, declare as follows: 1. I am an attorney at law duly admitted to practice before this Court and am an

associate of the law firm of Sonnenschein Nath & Rosenthal LLP, counsel of record for Defendant Designed Cookies, Inc. ("DCI"). I make this declaration in support of the attached Stipulation and [Proposed] Order Continuing Initial Case Management Conference And ADR Deadlines. I have personal knowledge of the matters set forth herein and could competently testify to them if called upon to do so. 2. On November 10, 2009, this Court issued an Order Setting Initial Case

Management Conference And ADR Deadlines [Docket No. 3]. The November 10, 2009 order set a deadline of February 15, 2010 to "meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan"; "file ADR Certification signed by Parties and Counsel"; and "file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference." The November 10, 2009 order set a deadline of March 1, 2010 "to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement". 3. By Clerk's Notice dated December 16, 2009 [Docket No. 18], this Court scheduled

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·

the Initial Case Management Conference for March 12, 2010 at 8:30 a.m. 4. The parties are currently engaged in settlement discussions. The parties agree that

in the interests of judicial economy, to preserve the parties' resources, and to facilitate settlement discussions, the current deadlines should be continued approximately 45 days so that the following deadlines apply: Deadline Last day to · meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan file ADR Certification signed by Parties
Case No. CV 09-5336 CRB -4Stipulation To Continue Initial Case Management and ADR Deadlines

April 1, 2010

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

and Counsel · file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement Initial Case Management Conference April 23, 2010 at 8:30 a.m. in Courtroom 8 April 15, 2010

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This is the first stipulation to modify the schedule set by the Order Setting Initial

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Case Management Conference And ADR Deadlines [Docket No. 3] or the Clerk's Notice dated December 16, 2009 [Docket No. 18]. This Court previously extended the hearing date on DCI's Motion To Compel Arbitration, and the deadline for DCI to respond to the complaint. I declare under penalty of perjury that the foregoing is true and correct. Executed this 11th day of February, 2010 in San Francisco, California. By:______________/S/ Karen C. Marchiano_________________ Karen C. Marchiano

Case No. CV 09-5336 CRB

-5Stipulation To Continue Initial Case Management and ADR Deadlines

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SONNENSCHEIN NATH & ROSENTHAL LLP 525 MARKET STREET, 26TH FLOOR SAN FRANCISCO, CALIFORNIA 94105-2708 [phone]

[PROPOSED] ORDER Pursuant to the parties' stipulation and Local Rule 6-1(b) and 6-2 and good cause appearing, it is hereby ordered that the deadlines set forth in the Order Setting Initial Case Management Conference And ADR Deadlines [Docket No. 3] and the December 16, 2009 Clerk's Notice [Docket No. 18] shall be continued so that the following deadlines apply: Deadline Last day to · meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan · file ADR Certification signed by Parties and Counsel · file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement Initial Case Management Conference April 23, 2010 at 8:30 a.m. in Courtroom 8 April 15, 2010 April 1, 2010

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IT IS SO ORDERED.

UNIT ED

Feb. 16, 2010 Dated: ______________

_______________________________________________ HONORABLE CHARLES R. BREYER ED UNITED STATES DISTRICT COURT JUDGE ORDER

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