Field v. American Mortgage Express Corporation et al

Filing 46

STIPULATION AND ORDER amending deposition deadlines and briefing schedules; Motion Hearing and/or Further Case Managment Conference set for 2/14/2011 02:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 10/18/2010. (awb, COURT STAFF) (Filed on 10/19/2010)

1 Lorraine P. Ocheltree (SBN 151791) Allegra A. Jones (SBN 236518) 2 DUANE MORRIS LLP One Market, Spear Tower, Suite 2200 3 San Francisco, CA 94105-1127 Telephone: [phone] Facsimile: 415.957.3001 E-Mail: [e-mail] [e-mail] 5 6 Eric P. Berezin (Admitted Pro Hac Vice) 7 DUANE MORRIS LLP Atlantic Center Plaza 8 1180 West Peachtree Street NW, Suite 700 Atlanta, GA 30309-3448 9 Telephone: [phone] Facsimile: 404.253.6901 [e-mail] 10 E-mail: 11 Attorneys for Defendant GEVITY HR, INC. 12 Harry G. Lewis (SBN 157705) 13 Gordon W. Renneisen (SBN 129794) Julie A. Marquis (SBN 178466) 14 CORNERSTONE LAW GROUP 595 Market Street, Suite 2360 15 San Francisco, CA 94105 Telephone: [phone] [phone] 16 Facsimile: 17 Attorneys for Plaintiff MARSHALL FIELD and all other similarly situated persons 18 19 20 21 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No.: C 09-05972 MHP JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DEPOSITION AND MOTION FOR SUMMARY JUDGMENT SCHEDULE

MARSHALL FIELD, individually and on behalf of 22 all other similarly situated persons, 23 24 v. Plaintiffs,

25 AMERICAN MORTGAGE EXPRESS CORP., a Pennsylvania Corporation and GEVITY HR, INC., a 26 Florida Corporation, 27 28
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Defendants.

JOINT STIPULATION AND [PROPOSED] ORDER

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Plaintiff Marshall Field (`Field"), by and through his undersigned counsel, and Defendant

2 Gevity HR, Inc. ("Gevity"), by and through its undersigned counsel, hereby enter into the following 3 Joint Stipulation: 4 WHEREAS a Case Management Conference was held on August 30, 2010 after which the

5 Court ordered that depositions of Marshall Field and Marla Barr be completed by October 15, 2010 6 and set forth a briefing schedule for motions for summary judgment; 7 WHEREAS counsel for Field and Gevity have worked with their clients and each other to

8 schedule the requisite depositions of Field and Barr, but are unable to complete them before the 9 October 15, 2010 deadline; 10 WHEREAS Field and Gevity have reached agreement and confirmed with their clients

11 availability for the depositions of Field and Barr after the October 15, 2010 deadline; 12 13 14 15 NOW, THEREFORE, Field and Gevity hereby stipulate and agree as follows: 1. 2. 3. The deposition of Marshall Field shall take place on October 22, 2010; The deposition of Marla Barr shall take place on November 8, 2010; The parties agree to continue the October 15, 2010 deadline to complete these

16 depositions if the Court is in agreement; 17 4. In light of the dates of the depositions, which are relevant to the motions for summary

18 judgment, Field and Gevity agree to continue the deadlines to file and serve and hold a hearing on 19 the motions for summary judgment, if the Court is in agreement, to the following: 20 21 22 23 24 25 26 /// 27 /// 28 ///
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(a)

The deadline to file any motion for summary judgment is continued to January 10, 2011;

(b)

The deadline to file any opposition to any motion for summary judgment is continued to January 24, 2011; and

(c)

The deadline to file any reply to any opposition to any motion for summary judgment is January 31, 2011.

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JOINT STIPULATION AND PROPOSED ORDER

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(d)

The hearing on the motions will be continued to February 14, 2011

3 Dated: October 13, 2010 4 5 6 7 8 Dated: October 13, 2010 9 10 11 12 13 14 15 16 17 18 18 Dated: October ___, 2010 19 20 21 22 23 24 25 26 27 28
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DUANE MORRIS LLP By: /s/ Lorriane P. Ocheltree Eric P. Berezin Lorraine P. Ocheltree Allegra A. Jones Attorneys for Defendant GEVITY HR, INC. CORNERSTONE LAW GROUP By: /s/ Harry G. Lewis Harry G. Lewis Attorneys for Plaintiff MARSHALL FIELD and all other similarly situated persons

ORDER IT IS SO ORDERED.

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JOINT STIPULATION AND PROPOSED ORDER

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_________________________________ DERED SO OR IT I Marilyn H. Patel Honorable Judge S Judge of the United States District Court l H. Pate Marilyn Judge

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GENERAL ORDER 45 CERTIFICATION I, Allegra A. Jones, hereby attest pursuant to N.D. Cal. General Order No. 45 that the

3 concurrence to the filing of this document has been obtained from each signatory hereto. 4 5 Dated: October 13, 2010 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DUANE MORRIS LLP By: /s/ Allegra A. Jones Allegra A. Jones Attorneys for Defendant GEVITY HR, INC.

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JOINT STIPULATION AND PROPOSED ORDER