Bookhamer et al v. Sunbeam Products, Inc.

Filing 56

ORDER SETTING CMC re 55 Notice (Other), filed by Mary DiSilvestro, Charles Thomas Martin, Jr., Anthony Bookhamer, Carl DiSilvestro, Lena J. Tryon Case Management Statement due by 1/13/2012. Case Management Conference set for 1/20/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 12/28/11. (bpf, COURT STAFF) (Filed on 12/28/2011)

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MARY E. ALEXANDER, ESQ. (SBN: 104173)
JENNIFER L. FIORE, ESQ. (SBN: 203618)
SOPHIA M. ASLAMI, ESQ. (SBN: 262712)
Mary Alexander & Associates, P.C.
44 Montgomery Street, Suite 1303
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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16.
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ANTHONY BOOKHAMER, a minor, by and ) Case No. 09-CV-06027 EMC (DMR)
))
through his Guardian ad Litem, LENA J.
) PLAINTIFFS' REQUEST FOR A
TRYON; LENA J. TRYON, as Personal
) FURTHER CASE MANAGEMENT
Representative of the Estate of Victoria
CONFERENCE
)
DiSilvestro; CHARLES THOMAS MARTIN,)
JR.; CARL DISILVESTRO, a minor, by and )
through his Guardian ad Litem, MARY
)
DISILVESTRO,
)
)
)
Plaintiffs,
)
)
vs.
)
)
SUNBEAM PRODUCTS, INC.,
)
)
Defendant.
)
)
)
This action was filed on December 23, 2009 and initially assigned to the Honorable
Marilyn Hall Patel (now retired). The action was reassigned to this Court on June 6, 2011.
On June 21, 2011, the parties filed a Joint Further Case Management Conference

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Statement in accordance with the June 6, 2011 Order. Plaintiffs requested that a further

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conference be set at that time. Defendant requested that a case management conference be set no
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PLAINTIFFS' REQUEST FOR A FURTHER CASE MANAGEMENT CONFERENCE
09-CV-06027-EMC (DMR)

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earlier than October 2011.
On December 21, 2011, Plaintiffs' counsel requested that Defendant Sunbeam Products

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Inc. stipulate to the setting of a case management conference since it had been some time since the

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case was reassigned. (A true and correct copy of the stipulation presented to Sunbeam's counsel,

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Garrett Sanderson III, is attached as Exhibit 1.)

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On December 22, 2011, defense counsel, Stephen Moffett, advised that they were unable
to consent to the setting of a conference at this time.
Plaintiffs respectfully request that a case management conference be set so that pretrial and
trial dates can be set in order to move this matter (which has been pending for two years) more
expeditiously.

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Respectfully submitted,
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DATED: December 23, 2011

MARY ALEXANDER & ASSOCIATES, P.C.

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/s/
Mary E. Alexander, Esq.
Jennifer L. Fiore, Esq.

Attorneys for Plaintiffs

By:

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PLAINTIFFS' REQUEST FOR A FURTHER CASE MANAGEMENT CONFERENCE
09-CV-06027-EMC (DMR)

EXHIBIT 1

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MARY. E. ALEXANDER, ESQ. (SBN: 104173)
JENNIFER L. FIORE, ESQ. (SBN: . 203618)
SOPHIA M. ASLAMI, ESQ. (SBN: 262712)
Mary Alexander & Associates, P.C.
44 Montgomery Street, Suite 1303
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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S. MARK VARNEY - 121129
GARRETT SANDERSON, III — 131026
Carroll, Burdick & Mcdonough, LLP
44 Montgomery Street, Suite 400
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Email: [e-mail]

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Attorneys for Defendant

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY BOOKHAMER, a minor, by and ) Case No. 09-CV-06027 EMC (DMR)
through his Guardian ad Litem, LENA J.
)) STIPULATION AND [PROPOSED]
TRYON; LENA J. TRYON, as Personal
) ORDER SETTING CASE
Representative of the Estate of Victoria
\ MANAGEMENT CONFERENCE
DiSilvestro; CHARLES THOMAS MARTIN, )
JR.; CARL DISILVESTRO, a minor, by and )
through his Guardian ad Litem, MARY
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DISILVESTRO,
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Plaintiffs,
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vs.
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SUNBEAM PRODUCTS, INC.,
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Defendant.
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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT CONFERENCE

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It is hereby stipulated by and between the parties, Plaintiffs, Anthony Bookhamer; Lena J.

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Tryon, as Personal Representative of the Estate of Victoria DiSilvestro; Charles Thomas Martin,

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Jr.; and Carl DiSilvestro; and Defendant Sunbeam Products, Inc. that a Case Management

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Conference be set.

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IT IS SO STIPULATED.
DATED: December

, 2011

MARY ALEXANDER & ASSOCIATES, P.C.

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By:

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Mary E. Alexander, Esq.
Jennifer L. Fiore, Esq.

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Attorneys for Plaintiffs'

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DATED: December

, 2011

CARROLL, BURDICK & MCDONOUGH, LLP

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B:

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S. Mark Varney, Esq.
Garrett Sanderson, III, Esq.

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Attorneys for Defendant

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1/20/12

A case management conference is set for

9:00 a.m. A joint CMC Statement shall be filed by 1/13/12.

, 2011

UNIT
ED

THE HONORABLE EDWARD M. CHEN

. Chen

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12/28

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DATED:

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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STIPULATION AND [PROPOSED] ORDER SETTING CASE MANAGEMENT CONFERENCE