Martin et al v. Starcon International Inc

Filing 34

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND STAYING LAWSUIT PENDING COMPLETION OF MEDIATION AS MODIFIED BY THE COURT. Case Management Conference set for 6/9/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco.Signed by Judge Richard Seeborg on 3/21/11. (cl, COURT STAFF) (Filed on 3/22/2011)

*E-Filed 3/22/11* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Defendant. 19 20 21 22 23 24 25 26 27 28
LIT T LE R ME NDE LSO N
A P R O F E S S I ON A L C O RP O R AT I O N 650 C a lifornia Stre e t 20th F loor Sa n F ra ncisco, C A 94108. 2693 415. 433. 1940

MICHELLE R. BARRETT, Bar No. 197280 [e-mail] ROSSANA S. ELTANAL, Bar No. 221145 [e-mail] APRIL N. LOVE, Bar No. 255527 [e-mail] LITTLER MENDELSON A Professional Corporation 650 California Street - 20th Floor San Francisco, CA 94108.2693 Telephone: [phone] Fax No.: 415.399.8490 Attorneys for Defendant STARCON INTERNATIONAL, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DANIEL MARTIN and ROBEL KELLY, individually and on behalf of all others similarly situated, Plaintiffs, v. STARCON INTERNATIONAL, INC.; and DOES 1 through 10, inclusive, Case No. 10-CV-03676 RS UPDATED JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND STAYING LAWSUIT PENDING COMPLETION OF MEDIATION AS MODIFIED BY THE COURT Date: March 31, 2011 Time: 10:00 a.m. Courtroom: Three (17th Floor) Complaint Filed: 1st Am. Complaint Filed: April 20, 2010 July 15, 2010

UPDATED JOINT STIP. & [PROPOSED] ORD. TO CONT. CMC & STAY LAWSUIT PENDING COMPLETION OF MEDIATION

Case No. 10-CV-03676 RS

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
LIT T LE R ME NDE LSO N
A P R O F E S S I ON A L C O RP O R AT I O N 650 C a lifornia Stre e t 20th F loor Sa n F ra ncisco, C A 94108. 2693 415. 433. 1940

WHEREAS, on December 3, 2010, Plaintiffs Daniel Martin, et al. and Defendant STARCON International, Inc. (collectively referred to herein as the "parties") stipulated to seek a stay of the above-captioned lawsuit in its entirety in an effort to conserve the resources of both the Court and the parties pending the completion of mediation; WHEREAS, the parties likewise agreed that their December 9, 2010 Case Management Conference would be reset following the completion of mediation, if necessary; WHEREAS, the parties' December 3, 2010 stipulation indicated that the parties would voluntarily mediate this lawsuit before mediator Mark S. Rudy, Esq. on March 15, 2011; WHEREAS, this Court entered an Order approving the parties' stipulation on December 3, 2010; WHEREAS, consistent with the stipulation, this Court continued the parties' December 9, 2010 Case Management Conference to March 31, 2011; and WHEREAS, the parties have since agreed to postpone the scheduled March 15, 2011 mediation until May 23, 2011; THEREFORE, the parties stipulate and agree as follows: 1. The above-captioned lawsuit shall remain stayed, in its entirety, pending

completion of the May 23, 2011 mediation; 2. The Court's ruling on Plaintiffs' motion to remand shall remain stayed

pending completion of mediation; 3. The parties' December 2, 2010 deadline to serve initial disclosures shall

remain stayed pending completion of mediation; 4. The March 31, 2011 Case Management Conference shall be continued to June

8, 2011, or a date thereafter convenient for this Court; and 5. The parties will submit an update to the Court within 10 days of after the

completion of the mediation session. IT IS SO STIPULATED.

UPDATED JOINT STIP. & [PROPOSED] ORD. TO CONT. CMC & STAY LAWSUIT PENDING COMPLETION OF MEDIATION

1.

Case No. 10-CV-03676 RS

1 2 3 4 5 6

Dated: March 18, 2011

MICHELLE R. BARRETT LITTLER MENDELSON A Professional Corporation Attorneys for Defendant STARCON INTERNATIONAL, INC. Dated: March 18, 2011

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LIT T LE R ME NDE LSO N
A P R O F E S S I ON A L C O RP O R AT I O N 650 C a lifornia Stre e t 20th F loor Sa n F ra ncisco, C A 94108. 2693 415. 433. 1940

ERIC A. GROVER KELLER GROVER LLP Attorneys for Plaintiffs DANIEL MARTIN, et al.

UPDATED JOINT STIP. & [PROPOSED] ORD. TO CONT. CMC & STAY LAWSUIT PENDING COMPLETION OF MEDIATION

2.

Case No. 10-CV-03676 RS

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
LIT T LE R ME NDE LSO N
A P R O F E S S I ON A L C O RP O R AT I O N 650 C a lifornia Stre e t 20th F loor Sa n F ra ncisco, C A 94108. 2693 415. 433. 1940

ORDER Based upon the joint stipulation of all parties in the above-captioned case, and good cause appearing, it is hereby ordered that the case remain stayed, in its entirety, pending the parties' completion of mediation. Specifically, this Court's ruling on Plaintiffs' motion to remand shall remain stayed pending completion of mediation scheduled on May 23, 2011; the parties' December 2, 2010 deadline to serve initial disclosures shall remain stayed pending completion of mediation; June 9, and the parties' March 31, 2011 Case Management Conference shall be continued to June 8, 2011, or a date thereafter convenient for this Court, if necessary. The parties will submit a status update to this Court within 10 days of the completion of the mediation session. IT IS SO ORDERED.

3/21/11 DATED: ___________________

_________________________________________________ JUDGE OF THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

UPDATED JOINT STIP. & [PROPOSED] ORD. TO CONT. CMC & STAY LAWSUIT PENDING COMPLETION OF MEDIATION

3.

Case No. 10-CV-03676 RS