Boddie et al v. Axiant, LLC

Filing 47

ORDER re modification of CMC and ADR Process re 46 Stipulation filed by Accretive, LLC Initial Case Management Conference set for 6/4/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 4/6/2010. (be, COURT STAFF) (Filed on 4/6/2010)

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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

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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, on January 29, 2010 Accretive filed a motion to dismiss Plaintiffs' complaint and a hearing date of March 19, 2010 had been set for argument on Accretive's motion to dismiss; WHEREAS, on February 24, 2010 Plaintiffs and Accretive filed a Stipulation and [Proposed] Order re: Modification of the Case Management Conference Date and Deadline to File Stipulation to ADR Process; WHEREAS, on February 25, 2010 the Court entered the Order modifying the case management conference date and deadline to file a stipulation to ADR process or notice of need for ADR phone conference to April 9, 2010; WHEREAS, on March 4, 2010 Cheryl E. Rose, Esquire, filed a Notice of Case in Receivership on behalf of Mann Bracken. The case is now pending in the Circuit Court for Montgomery County, Maryland; WHEREAS, on March 5, 2010 the Plaintiffs and Accretive filed their Joint Case Management Statement; WHEREAS, on March 19, 2010 the Court granted Accretive's motion to dismiss the first amended complaint with leave to amend the complaint within 20 days; WHEREAS, on March 25, 2010 Plaintiffs filed their Second Amended Complaint alleging violations of the Worker Adjustment and Retraining Notification Act (the "WARN Act"); WHEREAS, Accretive will shortly file a motion to dismiss the Second Amended Complaint and it is feasible to set a date to hear argument on Accretive's planned motion to dismiss prior to June 4, 2010; WHEREAS, Accretive and Plaintiffs have conferred and agree that it would be premature and not otherwise fruitful to engage in an ADR process or hold a case management conference prior to this Court ruling on Accretive's motion to dismiss the Second Amended Complaint; and IT IS HEREBY STIPULATED by the parties, by and through their undersigned counsel, that: 2
STIPULATION AND [PROPOSED] ORDER RE: MODIFICATION OF CASE MANAGEMENT CONFERENCE DATE CASE NO. CV-09 5553 (CRB)

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(1)

The case management conference previously scheduled for April 9, 2010, at 8:30 a.m., is adjourned to June 4, 2010, at 8:30 a.m.

(2)

The deadline to file a Stipulation to ADR Process or Notice of Need for ADR Phone Conference, is adjourned to June 4, 2010.

Dated: April 6, 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: April 6, 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.

UNIT ED

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S DISTRICT TE C TA

HONORABLE CHARLES R. BREYER
har Judge C les R. B reyer

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PA151627.1

CERTIFICATE OF SERVICE I declare that I am over the age of eighteen (18) years and not a party to this action. My business address is: Dewey & LeBoeuf LLP, 1950 University Avenue, Suite 500, East Palo Alto, California 94303. On April 6, 2010, the foregoing STIPULATION AND [PROPOSED] ORDER RE: MODIFCATION OF CASE MANAGEMENT CONFERENCE DATE was filed with the Clerk of the Court using the Official Court Electronic Case Filing System ("ECF System"). The ECF System is designed to automatically generate an e-mail message, with a link to the filed document(s), to all parties in the case registered for electronic filing, which constitutes service. The ECF system will send notification of such filing to the following: Birgit Dachtera Stuart J. Wynne Herron Laura Herron Weber [e-mail] [e-mail], [e-mail] [e-mail]

A copy was caused to be served upon the following party by U.S. First Class Mail, postage prepaid, and by electronic transmission: Cheryl E. Rose, Esq. 12154 Darnestown Road, Box 623 Gaithersburg, MD 20878 E-mail: [e-mail] DATED: April 6, 2010 at East Palo Alto, California. /s/ Sandy Holstrom Sandy Holstrom

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CERTIFICATE OF SERVICE CASE NO. CV-09 5553 (CRB)