Cooper v. United Parcel Service of America, Inc.

Filing 39

ORDER to reschedule CMC re 36 Stipulation filed by United Parcel Service of America, Inc. Further Case Management Conference set for 2/10/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 11/18/2011. (beS, COURT STAFF) (Filed on 11/21/2011)

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Case3:10-cv-04764-CRB Document36 Filed11/15/11 Page1 of 4 1 WAUKEEN Q. McCOY, ESQ. (SBN: 168228) LAW OFFICES OF WAUKEEN Q. McCOY 2 703 Market Street, Suite 1407 San Francisco, California 94103 3 Telephone (415) 675-7705 Facsimile (415) 675-2530 4 5 SHYAMALA T. RAJENDER, ESQ. (SBN: 69806) RAJENDER LAW OFFICES 6 4115 Blackhawk Plaza Circle Suite 100 7 Danville, CA 94506 Telephone (925) 648-2028 8 Facsimile (925) 648-2035 9 Attorneys for Plaintiff REBECCA COOPER 10 11 VILLARREAL HUTNER & TODD PC LARA VILLARREAL HUTNER, ESQ., Cal. Bar No. 178639 12 E-Mail: lhutner@vhtattorneys.com JESSICA N. LEAL, ESQ., Cal Bar No. 267232 13 E-Mail: jleal@vhtattorneys.com 575 Market Street, Suite 300 14 San Francisco, California 94105 Telephone: 415.543.4200 15 Facsimile: 415.512.7674 16 Attorneys for Defendant UNITED PARCEL SERVICE, INC., 17 an Ohio Corporation (erroneously named as "UNITED PARCEL 18 SERVICE OF AMERICA, INC.") 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 21 22 REBECCA COOPER, an individual, Plaintiff, 23 24 v. 25 UNITED PARCEL SERVICE OF AMERICA, INC., and DOES 1-50, 26 Defendants. 27 Case No. CV 10-04764 CRB JOINT STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE Date: December 2, 2011 Time: 8:30 a.m. Judge: Hon. Charles R. Breyer 28 CASE NO. CV 10-04764 CRB JOINT STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE Case3:10-cv-04764-CRB Document36 1 Filed11/15/11 Page2 of 4 Plaintiff Rebecca Cooper (hereinafter "Plaintiff"), through her counsel Law Offices of 2 Waukeen Q. McCoy and Rajender Law Offices, and Defendant United Parcel Service, Inc. 3 (erroneously named as United Parcel Service of America, Inc., hereinafter "UPS"), through its 4 counsel Villarreal Hutner & Todd PC, (collectively "the Parties") do hereby agree and stipulate to 5 reschedule the December 2, 2011 case management conference for good cause for the reasons set 6 forth below, and as supported by the Declarations of Waukeen Q. McCoy and Lara Villarreal 7 Hutner. 8 1. On August 26, 2011, Plaintiff's counsel, Waukeen Q. McCoy, noticed the 9 deposition of Plaintiff's former manager Victor Neals for November 2, 2011. This date was 10 selected based on the Parties' availability in advance of the settlement conference initially 11 scheduled with Magistrate Judge Maria Elena James for November 15, 2011. 12 2. On October 31, 2011, Mr. McCoy notified UPS that he had to cancel Mr. Neals's 13 November 2nd deposition due to a conflict. 14 3. As the Parties were unavailable to reschedule Mr. Neals's deposition prior to the 15 November 15th settlement conference with Magistrate Judge James, the Parties stipulated to 16 reschedule the settlement conference. Counsel for the Parties each believed that a settlement 17 conference would be most meaningful after the completion of Mr. Neals's deposition. 18 4. Given the holiday period from Thanksgiving to New Years is UPS's busiest season, 19 the Parties have agreed to reschedule Mr. Neals's deposition to January 10, 2012, which is a time 20 less disruptive to the company's peak season and when all parties and Mr. Neals are available. 21 5. The next date following Mr. Neals's deposition that the Parties and Magistrate 22 Judge James were available for a settlement conference is February 1, 2012. The Parties 23 submitted a joint request that the Court reschedule the settlement conference to February 1, 2012. 24 The Court granted this request on November 4, 2011. 25 6. A case management conference is currently on calendar for December 2, 2011. 26 This conference initially was set to occur after the originally scheduled settlement conference if 27 the Parties were unable to resolve the case on November 15, 2011. Now that the settlement 28 -1CASE NO. CV 10-04764 CRB JOINT STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE Case3:10-cv-04764-CRB Document36 Filed11/15/11 Page3 of 4 1 conference has been rescheduled for February 1, 2012, the Parties respectfully submit this joint 2 request that the Court reschedule the case management conference to a date after February 1, 3 2012. 4 7. Counsel for the Parties each believe that a case management conference will be 5 most meaningful after the completion of the February 1, 2012 settlement conference with 6 Magistrate Judge James. As a result, the request to reschedule the December 2, 2011 case 7 management conference is being made jointly, for good cause, and by stipulation. 8 9 SO STIPULATED: 10 Dated: November 15, 2011 LAW OFFICES OF WAUKEEN Q. McCOY, and RAJENDER LAW OFFICES 11 12 /s/ Waukeen Q. McCoy WAUKEEN Q. McCOY SHYAMALA T. RAJENDER By 13 14 15 Attorneys for Plaintiff REBECCA COOPER 16 17 18 Dated: November 15, 2011 VILLARREAL HUTNER & TODD PC 19 20 By /s/ Lara Villarreal Hunter LARA VILLARREAL HUTNER JESSICA N. LEAL 21 22 Attorneys for Defendant UNITED PARCEL SERVICE, INC., an Ohio Corporation (erroneously named as "UNITED PARCEL SERVICE OF AMERICA, INC.") 23 24 25 26 27 28 -2CASE NO. CV 10-04764 CRB JOINT STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE Case3:10-cv-04764-CRB Document36 Filed11/15/11 Page4 of 4 1 IT IS SO ORDERED that: 2 1. The December 2, 2011 case management conference is taken off calendar. 3 2. The Parties' next case management conference will be rescheduled after the 4 February 1, 2012 settlement conference with Magistrate Judge James, on February 10 5 _____________________, 2012.at 8:30 a.m. 6 7 UNIT ED S RT U O November 18 8 Dated: _________________, 2011 S DISTRICT TE C By _____________________________________ TA Honorable Judge Charles R. Breyer 11 RT ER 14 15 A H 13 er R. Brey LI harles Judge C NO 12 D RDERE OO IT IS S R NIA 10 FO 9 N F D IS T IC T O R C 16 17 18 19 20 21 22 23 24 25 26 27 28 -3CASE NO. CV 10-04764 CRB JOINT STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE

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