Wang et al v. City of Pleasanton et al

Filing 40

ORDER Granting 38 Administrative Motion. Signed by Judge Jeffrey S. White on March 5, 2010. (jswlc1, COURT STAFF) (Filed on 3/5/2010)

Case3:09-cv-05838-JSW Document38

Filed03/02/10 Page1 of 3

1 COOPER, WHITE & COOPER LLP STEPHEN KAUS (SBN 57454)
2

skaus(£cwclaw. com

JILL B. ROWE (SBN 197713)
3 jrowe(£cwclaw.com

EDWAR L. SEIDEL (SBN 200865)
4 eseidel(£cwclaw.com

201 California Street, 1 ih Floor
5 San Francisco, California 94111

Telephone: [phone] Facsimile: [phone]
7 Attorneys for Defendants Comcast
8 Inc. and City of

of California/ColoradolW ashington I, Pleasant on

9

10
11

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

12

13 ZHI G. WANG and XIANGHUI Y AN,
14 15
16 CITY OF PLEASANT

CASE NO. C 09-05838 JSW

Plaintiffs,
vs.

ADMINISTRA TIVE MOTION TO POSTPONE ADR DEADLINES AND CONFIRM CANCELLATION OF CASE MANAGEMENT CONFERENCE
Local Rule 7-11

ON; COMCAST

CABLE COMMUICATIONS, LLC,
17

Defendants.
18 19

Trial Date: None Set

Stephen Kaus declares in support of this motion pursuant to Local Rule 7-1 1 by
20
Defendants City of Pleasant

on and Comcast Cable Communications, LLC ("Defendants")

21
1.

Defendants request that this Court (1) postpone the ADR requirements under ADR

22

Local Rule 3-5, until twenty (20) days after this matter is at issue, and (2) confirm the
23
postponement of

the Case Management Conference that the Court's website and calendar indicate

24
is scheduled for March 26,2010 at 1:30 p.m.

25
2.

Defendants have fied a Motion to Dismiss and Plaintiffs have fied a Motion for

26

Summary Judgment. Those motions are fully briefed and the hearing on the both motions is set
27

for March 26,2010 at 9:00 a.m..
28
COOPER, WHITE & COOPER LLP
ATTORNEYS LAW AT 201 CALIFORNIASTREET SAN FRANCISCO, CA 94111

630610.3

C 09-05838 JSW

ADMINISTRATIVE MOTION TO POSTPONE ADR DEADLINES

Case3:09-cv-05838-JSW Document38

Filed03/02/10 Page2 of 3

1

3.

The Order Setting Initial Case Management Conference and ADR Deadlines

2 (Docket No.2) set an Initial Case Management Conference for March 26,2010 at 1 :30 p.m.. This
3 conference and the corresponding deadline for the fiing of a Case Management Statement remain
4 on the Court's website and calendar although the Court vacated the Case Management Conference
5 in its Amended Order Regarding Pending Motions (Docket No. 21) at 2: 1-2.
6

4.

The case is not yet at issue, in that no answer has been fied by Defendants. The

7 Court's ruling on the pending motions will impact the factual and legal issues in this case. The

8 parties cannot adequately ascertain their obligations and settlement posture until the Court has

9 ruled on the motions and the case becomes at issue.
10
5.

Defendants therefore request that the Court postpone the parties' ADR obligations

11 until twenty days after the case is at issue, i.e. Defendants fie an answer to the complaint and
12 confirm the cancellation of the Case Management Conference.
13
6.

No previous request to continue the ADR deadlines has been requested and the

14 postponement will not have any effect on any other court dates.
15
7.

Defendants attempted to obtain Plaintiffs agreement on a stipulation to the

16 postponements sought by this motion, but Plaintiffs refused to do so. The undersigned spoke with
17 Mr. Wang on the morning of

Friday February 26,2010, explained the ADR and Rule 26

18 requirements and proposed a stipulation to postpone those requirements. I also sent an e-mail to
19 Mr. Wang attaching a form of

this motion in the form of a stipulation. On Monday March 1,

20 2010, Mr. Wang rejected the proposal to stipulate in an e-mail response, stating that "plaintiffs
21 have no intention to agree on any stipulation with defendants at this time." I have assumed that

22 Plaintiff Mr. Wang speaks for his wife in this matter.
23

I declare that the forgoing is true under penalty of perjury under the laws of the State of

24 California and that this declaration was executed on March 2,2010 at San Francisco, California.
25 26 27 28
COOPER, WHITE & COOPER LLP
ATTORNEYS LAW AT 201 CALIFORNIASTREET SAN FRANCISCO, CA 94111

sf
Stephen Kaus, Declarant

630610.3

2
ADMINISTRATIVE MOTION TO POSTPONE ADR DEADLINES

C 09-05838 JSW

Case3:09-cv-05838-JSW Document38

Filed03/02/10 Page3 of 3

1

ORDER
FOR GOOD CAUSE SHOWN, the Court (1) orders the postponement the parties' ADR

2

3 obligations until twenty (20) days after the case is at issue, i.e. Defendants fie an answer to the
4 complaint and (2) orders that the Court's records reflect the cancellation of

the Case Management

5 Conference previously set for March 26,2010 at 1 :30 p.m..
6 7 8 9

Dated:

March 5

,2010

10
11

The Honorable Jeffrey S. White

United States District Judge
12 13 14 15 16 17 18 19

20
21

22 23 24 25 26 27 28
COOPER, WHITE & COOPER LLP
ATTORNEYS LAW AT 201 CALIFORNIA STREET SAN FRANCISCO, CA 94111

630610.3

3

C 09-05838 JSW

ADMINISTRATIVE MOTION TO POSTPONE ADR DEADLINES