Kemper v. Bayside Boatworks, Inc.

Filing 7

ORDER CONTINUING CMC re 6 Stipulation filed by Bayside Boatworks, Inc.. Signed by Judge Maria-Elena James on 6/8/2010. (mejlc1, COURT STAFF) (Filed on 6/8/2010)

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OX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: [phone] FAX: [phone]

COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP Terence S. Cox (SBN 076142) Marc T. Cefalu (SBN 203324) 190 The Embarcadero San Francisco, CA 94105 Telephone No.: 415-438-4600 Facsimile No.: 415-438-4601 Attorneys for Defendant BAYSIDE BOATWORKS, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (E-Filing) ROBERT C. KEMPER, ) ) Plaintiff, ) ) v. ) ) BAYSIDE BOATWORKS, INC., ) ) Defendant. ) ) __________________________________ ) Case No.: C 10-0242MEJ STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE CASE MANAGEMENT CONFERENCE SCHEDULED FOR JUNE 17, 2010

STIPULATION AND REQUEST The parties to this action, by and through their attorneys of record, hereby respectfully request and submit that good cause exists to continue the Case Management Conference currently scheduled for June 17, 2010, by approximately sixty-days to a date convenient to the Court's calendar the week of August 16, 2010, in the interests of judicial economy. The parties to this action, their counsel, counsel for Defendant in a related California State Workers' Compensation Action, counsel for Plaintiff in a related U.S. Longshore and Harborworkers' Compensation Action, and perhaps one additional entity (whom is not yet a party to any of the actions, but may become one) are attempting to schedule a mediation for all parties and counsel to participate in over the next forty-five days. At the anticipated mediation, the parties will attempt to reach a global settlement of all actions, including the
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE Case No.:C 10-0242 MEJ

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BAY.Kemper/2733/

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OX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP
190 THE EMBARCADERO SAN FRANCISCO, CA 94105 TEL: [phone] FAX: [phone]

one currently pending before this Court. If the parties are successful a global settlement would result in a dismissal of this action with no further proceedings in this Court. The parties therefore submit that good cause exists to continue the Case Management Conference scheduled for June 17, 2010 for approximately sixty-days to allow the parties to schedule and participate in a mediation in attempt to reach a resolution of this action and the companion workers' compensation cases.

Dated: June 8, 2010

BRODSKY MICKLOW BULL & WEISS LLP Attorneys for Plaintiff ROBERT KEMPER By: ____/S/ Edward M. Bull III___________ Edward M. Bull III

Dated: June 8, 2010

COX, WOOTTON, GRIFFIN, HANSEN & POULOS, LLP Attorneys for Defendant BAYSIDE BOATWORKS, INC. By: ___/S/ Marc T. Cefalu______________ Marc T. Cefalu

[PROPOSED] ORDER BASED UPON THE STIPULATION OF THE PARTIES, IT IS ORDERED THAT the Case Management Conference Currently scheduled for June 17, 2010, is hereby September 2 continued to __________________________, 2010.

8 Dated: June ____, 2010

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By: __________________________________ Magistrate Maria-Elena James

BAY.Kemper/2733/

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