Equal Employment Opportunity Commission v. CVS Caremark Corp et al

Filing 9

STIPULATION AND ORDER RE 8 CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES AS MODIFIED BY THE COURT. Initial Case Management Conference set for 6/2/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 3/24/11. (cl, COURT STAFF) (Filed on 3/24/2011)

*E-Filed 3/24/11* 1 2 3 4 5 6 Attorneys for Defendants 7 8 9 10 11 12 Plaintiff, 13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Civil Local Rule 6-2, Plaintiff U.S. Equal Employment Opportunity Commission ("EEOC") and Defendants CVS Caremark Corp. ("CVS") and Longs Drug Stores California, LLC ("Longs") (collectively "Defendants"), by and through their respective counsel of record, hereby submit this Stipulation and Proposed Order seeking a continuance of the due date for the dates set forth in the February 3, 2011 Order Continuing Due Date For Defendants' Answer and Dates Listed In Order Setting Initial Case Management Conference and ADR Deadlines Setting Initial Case Management Conference and ADR Deadlines; WHEREAS, on December 10, 2010, the parties submitted a stipulation to continue dates set forth in the Court's Order setting Initial Case Management Conference and ADR Deadlines in order to allow time for the parties to engage in preliminary and informal settlement negotiations; WHEREAS, the Court granted that stipulation on December 13, 2010;
STIPULATION TO CONTINUE CMC AND ADR DEADLINES OHS WEST:261083169.1

GARY R. SINISCALCO (STATE BAR NO. 64770) [e-mail] MICHAEL D. WEIL (STATE BAR NO. 209056) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: [phone]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,

Case No. C 10-04384 RS STIPULATION CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES AS MODIFIED BY THE COURT

CVS CAREMARK CORP.; AND LONGS DRUG STORES CALIFORNIA, LLC., Defendant.

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 term;

WHEREAS, on February 2, 2011 the parties submitted a second stipulation to continue dates set forth in the Court's Order setting Initial Case Management Conference and ADR Deadlines in order to allow time for the parties to engage in preliminary and informal settlement negotiations; WHEREAS, the Court granted that stipulation on February 3, 2011; WHEREAS, the parties engaged in in-person, informal settlement negotiations in an attempt to resolve this case; WHEREAS, the parties believe they are close to resolving this case; WHEREAS, the parties have agreed upon the monetary terms for settlement to include in a joint consent decree; WHEREAS, the parties have agreed on almost every injunctive relief term for a joint consent decree; WHEREAS, the parties are still negotiating one final injunctive relief term regarding the revision of CVS policies and method of dissemination; WHEREAS, the parties believe they are very close to coming to an agreement on this last

WHEREAS, the parties were hopeful and optimistic that they would to submit a joint consent decree to the Court this week, but need just a little more time; WHEREAS, the parties are very optimistic that they will be able to agree on the injunctive relief terms if given some additional time; WHEREAS, the parties are very optimistic that they will be able to submit a joint consent decree to the Court within 14 days, and likely earlier; WHEREAS, the parties agree that, if they are required to spend a significant amount of time engaging in initial disclosures, preparing for the case management conference or other substantive proceedings, then the chances of the parties finally resolving this case at an early stage will be put in jeopardy; WHEREAS, the parties jointly request time to allow their informal settlement efforts to -2STIPULATION TO CONTINUE CMC AND ADR DATES OHS WEST:261083169.1

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run their course before having to engage in substantive discovery and activity in this case; WHEREAS, Defendants answered the Complaint on February 1, 2011; WHEREAS, the last day to meet and confer regarding initial disclosures, early settlement, ADR process selection, and discovery plan is March 10, 2011; WHEREAS, the ADR Certification signed by Parties and Counsel is due to be filed with the Court on March 10, 2011; WHEREAS, the Stipulation to ADR Process or Notice of Need for ADR Phone Conference is due to be filed with the Court on March 10, 2011; WHEREAS, the last day to file the Rule 26(f) Report, complete initial disclosures or state objections in the Rule 26(f) Report, and file the Case Management Statement is March 24, 2011; WHEREAS, the Initial Case Management Conference is scheduled for March 31, 2011; WHEREAS, the parties do not object to the time modifications set forth below; WHEREAS, counsel for both parties do not believe that the time modifications will cause any problems or difficulties with respect to the case; WHEREAS, there has been two previous time modifications in this case, as set forth above; and WHEREAS, the requested time modifications would not significantly affect the schedule for this case; THEREFORE, IT IS HEREBY STIPULATED AND AGREED THAT: (1) The last day to meet and confer regarding initial disclosures, early settlement, ADR process selection, and discovery plan be continued until April 28, 2011; (3) The due date to file the ADR Certification signed by Parties and Counsel be continued until April 28, 2011; (4) The due date to file the Stipulation to ADR Process or Notice of Need for ADR Phone Conference be continued until April 28, 2011; (5) The last day to file the Rule 26(f) Report, complete initial disclosures or state objections in the Rule 26(f) Report, and file the Case Management Statement be continued until -3STIPULATION TO CONTINUE CMC AND ADR DATES OHS WEST:261083169.1

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May 12, 2011; and (6) The Initial Case Management Conference be continued until May 19, 2011. IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. Dated: March 24, 2011 GARY R. SINISCALCO MICHAEL D. WEIL Orrick, Herrington & Sutcliffe LLP

5 6 7 8 9 10 11 12 13 14 15 Dated: March 24, 2011

/s/ MICHAEL D. WEIL Attorneys for Defendants DAVID OFFEN-BROWN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

/s/ DAVID OFFEN-BROWN Attorney for Plaintiffs

I hereby attest that the concurrence in the filing of this document has been obtained from 16 David Offen-Brown, Attorney for Plaintiff, Equal Employment Opportunity Commission. 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION TO CONTINUE CMC AND ADR DATES OHS WEST:261083169.1

/s/ Michael D. Weil

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ORDER

On reading the Stipulation of the parties, and for good cause shown, (1) The last day to meet and confer regarding initial disclosures, early settlement, ADR process selection, and discovery plan be continued until April 28, 2011; (3) The due date to file the ADR Certification signed by Parties and Counsel be continued until April 28, 2011; (4) The due date to file the Stipulation to ADR Process or Notice of Need for ADR Phone Conference be continued until April 28, 2011; (5) The last day to file the Rule 26(f) Report, complete initial disclosures or state objections in the Rule 26(f) Report, and file the Case Management Statement be continued until May 12, 2011; and June 2, 2011 at 10:00 a.m. (6) The Initial Case Management Conference be continued until May 19, 2011.

PURSUANT TO STIPULATION, IT IS SO ORDERED. 24 Dated: March ____, 2011

RICHARD SEEBORG U.S. DISTRICT COURT JUDGE

-5STIPULATION TO CONTINUE CMC AND ADR DATES OHS WEST:261083169.1