Giosso v. Owens Corning

Filing 22

ORDER extending deadline to complete mediation and continuing the CMC re 20 Stipulation filed by Owens Corning Further Case Management Conference set for 10/22/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 9/10/2010. (be, COURT STAFF) (Filed on 9/13/2010)

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Giosso v. Owens Corning Doc. 22 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 SQUIRE, SANDERS & DEMPSEY L.L.P. 275 Battery Street, Suite 2600 San Francisco, California 94111 SQUIRE, SANDERS & DEMPSEY L.L.P. Ethan A. Miller (State Bar # 155965) Robert J. Guite (State Bar # 244590) Erinn M. Contreras (State Bar # 244563) 275 Battery Street, Suite 2600 San Francisco, CA 94111 Telephone: (415) 954-0200 Facsimile: (415) 393-9887 Email: eamiller@ssd.com rguite@ssd.com econtreras@ssd.com Attorneys for Defendant OWENS CORNING CORPORATION Joseph A. Motta, Esq. (State Bar # 133531) RUEB, MOTTA & MANOUKIAN A Professional Law Corporation 1401 Willow Pass Road, Suite 880 Concord, CA 94520 Telephone: (925) 602-3400 Facsimile: (925) 602-0622 Matthew P. Guichard (State Bar # 107450) GUICHARD, TENG & PORTELLO, APC 1800 Sutter Street, Suite 730 Concord, CA 9420 Telephone: (925) 459-8440 Facsimile: (925) 459-8445 Attorneys for Plaintiff MICHAEL GIOSSO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MICHAEL GIOSSO, Plaintiff, vs. OWENS CORNING, and DOES 1 through 50, Inclusive, Defendants. CASE NO. 3:09-CV-05834-CRB E-FILING STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINE TO COMPLETE MEDIATION, AND CONTINUING THE CASE MANAGEMENT CONFERENCE [Civil L.R. 6-2] -1- STIPULATION AND [PROPOSED] ORDER CASE NO. 3:09-C-05834-CRB Dockets.Justia.com 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 SQUIRE, SANDERS & DEMPSEY L.L.P. 275 Battery Street, Suite 2600 San Francisco, California 94111 Plaintiff Michael Giosso ("Plaintiff") and Defendant Owens Corning Corporation ("Owens Corning"), by and through their respective counsel, enter into the following Stipulation: WHEREAS, at the Initial Case Management Conference held on March 26, 2010, the Court ordered that a Further Case Management Conference be held on September 24, 2010 at 8:30 a.m.; WHEREAS, the Court also ordered that mediation be completed before the September 24, 2010 Further Case Management Conference; WHEREAS, on August 17, 2010, Owens Corning submitted a request to Magistrate Judge Elizabeth D. Laporte, pursuant to ADR Local Rule 6-10, that its representative, James Gibb, be allowed to participate by telephone in the mediation tentatively set for September 17, 2010; WHEREAS, Plaintiff did not oppose Owens Corning's request within the time period specified in ADR Local Rule 6-10(e), or at any time; WHEREAS, on September 7, 2010, Magistrate Judge Laporte issued an order denying Owens Corning's request that Mr. Gibb be allowed to participate telephonically in the mediation; WHEREAS, Magistrate Judge Laporte's September 7 order "strongly encourage[d] the parties to seek a date on which the key decision makers are available, even if it means seeking an extension of the deadline to complete the mediation;" WHEREAS, by the time Magistrate Judge Laporte issued the order on September 7, there were no dates before September 24, 2010 that all parties and the mediator were available to mediate this case; and WHEREAS, the parties have cooperated in rescheduling the mediation as suggested by Judge Laporte and have scheduled the mediation on October 13, 2010 at 10:00 a.m. before Michael Timpane of JAMS. NOW, THEREFORE, THE PARTIES HEREBY AGREE AND STIPULATE that the deadline to complete mediation is extended to and including October 13, 2010, and that the Further Case Management Conference is continued to a date after October 13, 2010 that is convenient to the Court, other than a date during the week of October 18. -2- STIPULATION AND [PROPOSED] ORDER CASE NO. 3:09-C-05834-CRB 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Dated: Dated: IT IS SO STIPULATED. Respectfully submitted, September 10, 2010 SQUIRE, SANDERS & DEMPSEY, L.L.P. By: / s / Robert J. Guite Robert J. Guite Attorneys for Defendant OWENS CORNING CORPORATION September 10, 2010 RUEB, MOTTA & MANUOKIAN By: / s / Joseph A. Motta Joseph A. Motta Attorneys for Plaintiff MICHAEL GIOSSO PURSUANT TO THE PARTIES' STIPULATION AND GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that the deadline to complete mediation is extended to and including October 15, 2010, and that the Further Case Management Conference is continued to ______________________________, 2010 at 8:30 a.m. October 22 20 21 22 23 24 25 26 27 28 SQUIRE, SANDERS & DEMPSEY L.L.P. 275 Battery Street, Suite 2600 San Francisco, California 94111 UNIT ED HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT JUDGE D E S 19 Dated: Sept. 10, 2010 S DISTRICT TE C TA RT U O ER N D IS T IC T R OF -3- STIPULATION AND [PROPOSED] ORDER CASE NO. 3:09-C-05834-CRB A C LI FO J arles R udge Ch . Breyer R NIA O IT IS S ORDER NO RT H

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