Boddie et al v. Axiant, LLC

Filing 33

ORDER re 28 Stipulation filed by Accretive, LLC. Signed by Judge Charles R. Breyer on 2/25/2010. (be, COURT STAFF) (Filed on 2/26/2010)

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MARGARET A. KEANE (State Bar No. 255378) [e-mail] SEBASTIAN L. MILLER (State Bar No. 265793) [e-mail] DEWEY & LEBOEUF LLP 1950 University Avenue, Suite 500 East Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant Accretive, LLC IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KENYA BODDIE AND RAMONDA CARLOS, ) ) individually and on behalf of others similarly ) situated, ) ) Plaintiffs, ) ) v. ) ) AXIANT, LLC; ACCRETIVE, LLC; MANN ) BRACKEN, LLP, and DOES 1 through 25, ) inclusive, ) ) Defendants. )

CASE NO.: CV-09-5553 (CRB) STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF THE CASE MANAGEMENT CONFERENCE DATE AND DEADLINE TO FILE STIPULATION TO ADR PROCESS

WHEREAS, on November 20, 2009, Defendant Axiant, LLC ("Axiant") filed for chapter 11 bankruptcy; WHEREAS, on November 23, 2009, Plaintiffs filed a complaint against Axiant alleging that Axiant violated the Worker Adjustment and Retraining Notification Act (the "WARN Act"); WHEREAS, on November 23, 2009, the Court ordered that a case management conference in this matter be held on March 5, 2010, at 8:30 a.m.; WHEREAS, on December 7, 2009, Plaintiffs filed an amended complaint naming Accretive, LLC ("Accretive") and Mann Bracken, LLP ("Mann Bracken") as defendants and seeking to hold
STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF CASE MANAGEMENT CONFERENCE DATE

CASE NO. CV-09 5553 (CRB)

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them liable for the lack of WARN Act notice provided by the original defendant and Chapter 11 Debtor, Axiant; WHEREAS, in January of 2010, Birgit Stuart, counsel for Mann Bracken, telephonically informed counsel for Accretive that Mann Bracken was contemplating filing for bankruptcy protection by months-end; WHEREAS, other media sources have also reported that Mann Bracken is likely to wind down its operations and file for bankruptcy; WHEREAS, on January 29, 2010 Accretive filed a motion to dismiss Plaintiffs' complaint and a hearing date of March 19, 2010 has been set for argument on Accretive's motion to dismiss; WHEREAS, on February 12, 2010, Birgit Stuart sent an e-mail to counsel for Plaintiffs and counsel for Accretive informing them that she had been terminated by Mann Bracken effective February 9, 2010 and that she would file a motion to withdraw; WHEREAS, on February 23, 2010, Birgit Stuart filed with this Court a notice of termination of representation; WHEREAS, on February 24, 2010, Birgit Stuart filed with this Court a letter from Mann Bracken indicating that Mann Bracken has ceased operations and will be in a Chapter 7 bankruptcy proceeding as soon as its bankruptcy counsel completes preparation of the relevant documents; WHEREAS, it appears unlikely that Mann Bracken will participate in the creation of a Case Management Statement or in the Case Management Conference that is scheduled for March 5, 2010; WHEREAS, neither Accretive nor Plaintiffs are aware of Mann Bracken having filed a bankruptcy petition; WHEREAS, whether Mann Bracken files for bankruptcy will have a substantial effect on the ADR options elected as well as the nature and extent of the disclosures, discovery and motions that are sought and filed in this litigation by Accretive and Plaintiffs; WHEREAS, Accretive and Plaintiffs have conferred and agree that, in light of the uncertainty concerning whether Mann Bracken will file for bankruptcy, it would be most efficient and equitable to adjourn the case management conference pending further clarification of Mann
STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF CASE MANAGEMENT CONFERENCE DATE

CASE NO. CV-09 5553 (CRB)

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Bracken's status and the continued role of Mann Bracken's counsel with respect to this litigation; WHEREAS, Accretive and Plaintiffs have conferred and agree that it would be premature and not otherwise fruitful to engage in an ADR process prior to this Court ruling on Accretive's motion to dismiss; and WHEREAS, Accretive and Plaintiffs agree to submit a Case Management Statement by March 5, 2010 that will be supplemented as necessary according to Mann Bracken's participation in the case.

IT IS HEREBY STIPULATED by the parties, by and through their undersigned counsel, that: (1) The case management conference previously scheduled for March 5, 2010, at 8:30 a.m., is adjourned to April 9, 2010, at 8:30 a.m. (2) Plaintiffs and Accretive will file a Joint Case Management Statement with this Court by March 5, 2010. (3) The deadline to file a Stipulation to ADR Process or Notice of Need for ADR Phone Conference, is adjourned to April 9, 2010.

STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF CASE MANAGEMENT CONFERENCE DATE

CASE NO. CV-09 5553 (CRB)

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STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF CASE MANAGEMENT CONFERENCE DATE

Dated: February 24, 2010

DEWEY & LEBOEUF LLP By: /s/ Sebastian L. Miller Margaret A. Keane (SBN 255378) [e-mail] Sebastian L. Miller (SBN 265793) [e-mail] 1950 University Avenue, Suite 500 East Palo Alto, CA 94303 Tel: [phone] Fax: [phone] Attorneys for Defendant Accretive, LLC

Dated: February 24, 2010

HERRON & HERRON By: /s/ Laura Herron Weber J. Wynne Herron (SBN 71192) Laura Herron Weber (SBN 226934) [e-mail] 18360 Sonoma Highway Sonoma, CA 95476 Tel: [phone] Fax: [phone] Attorneys for Plaintiffs Kenya Boddie and Ramonda Carlos

PURSUANT TO STIPULATION, IT IS SO ORDERED.

HONORABLE CHARLES R. BREYER

UNIT ED

Feb. 25 Dated:______________, 2010

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CASE NO. CV-09 5553 (CRB)

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