Ojadidi v. XM Satellite Radio, Inc.

Filing 11

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES, re doc 9 as follows: 5/3/2011 - the parties last day to meet and confer, etc; 5/17/2011 - last day to file Rule 26(f) report etc.; 5/24/2011 continue Initial Case Management Conference from 4/19/2011. Signed by Judge Elizabeth D. Laporte on 3/28/2011. (cgk, COURT STAFF) (Filed on 3/28/2011)

Ojadidi v. XM Satellite Radio, Inc.

Doc. 11

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David P. Morales, Esq., SBN 191229 THE MORALES LAW FIRM 560 S. Winchester Blvd., Suite 500 San Jose, CA 95128 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Plaintiff JACQUE OJADIDI, dba "XMMICRO" and "XMICRO,"

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JACQUE OJADIDI, dba "XMMICRO" and "XMICRO," Plaintiff, vs. Civil Action No.: 3:11-CV-00168 EDL STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES AND [PROPOSED] ORDER

April 19, 2011 XM SATELLITE RADIO, INC., a Delaware CMC Date: th Ctrm.: E, 15 Floor corporation; and DOES 1 through 50, inclusive, Time: 10:00 AM Before: Hon. M. J. Elizabeth D. Laporte Defendants.

Pursuant to Civil Local Rule 6-2, Defendant SIRIUS XM RADIO INC. (formerly XM Satellite Radio, Inc.)("Sirius XM") and Plaintiff JACQUE OJADIDI ("Ojadidi") (collectively, the "Parties"), by and through their respective counsel, hereby file this Stipulated Request to Continue the Case Management Conference and Related Deadlines ("Stipulated Request") by approximately one (1) month. This Stipulated Request is based on the Declaration of David P. Morales in Support of Stipulated Request to Continue Case Management Conference and Related Deadlines ("Morales Decl."), on the facts and law included in this Stipulated Request and the Court's file in this matter, and on such other evidence and law as the Court may receive. /// ///

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STIPULATED REQUEST TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: WHEREAS, on or about January 26, 2011, Sirius XM agreed to accept service of process through its undersigned counsel, see Morales Decl. at ¶2; WHEREAS, on or about January 28, 2011, Ojadidi served his First Amended Complaint ("Complaint") on Sirius XM, see id. at ¶3; WHEREAS, in order to facilitate the Parties' efforts to resolve this dispute informally, Ojadidi granted Sirius XM an extension of time to answer or otherwise respond to the Complaint until March 19, 2011, see id. at ¶4; WHEREAS, as the Parties' efforts continued, Ojadidi granted Sirius XM a further extension of time to answer or otherwise respond to the Complaint until March 28, 2011, see id. at ¶5; WHEREAS, the Court's January 11, 2011 Scheduling Order set the following deadlines and Initial Case Management Conference date: March 29, 2011 as the parties' last day to meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; to file ADR Certification signed by Parties and Counsel; and to file either Stipulation to ADR Process or notice of Need for ADR Phone Conference; April 12, 2011 as the last day to file Rule 26(f) Report, complete Initial Disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contents of Joint Case Management Statement (also available at http://www.cand.uscourts.gov); and April 19, 2011 as the Initial Case Management Conference (CMC) in Ctrm E, 15th Floor, SF at 10:00 AM. WHEREAS, it appears the parties have reached an agreement in principle resolving this dispute, the Parties need additional time to finalize their agreement, and the Parties wish to minimize unnecessary expense to the Court and themselves, see id. at ¶6; ///

STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Case No. CV11-00168 EDL -2-

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NOW, THEREFORE, the Parties hereby respectfully request that the Court grant the Parties approximately one (1) month to complete their efforts to resolve this dispute informally, and that the Court amend its Scheduling Order deadlines and Initial Case Management Conference Date as follows: May 3, 2011 as the parties' last day to meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; to file ADR Certification signed by Parties and Counsel; and to file either Stipulation to ADR Process or notice of Need for ADR Phone Conference; May 17, 2011 as the last day to file Rule 26(f) Report, complete Initial Disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contents of Joint Case Management Statement (also available at http://www.cand.uscourts.gov); and May 24, 2011 as the Initial Case Management Conference (CMC) in Ctrm E, 15th Floor, SF at 10:00 AM. Or until the Court's soonest available dates thereafter. IT IS SO STIPULATED. Dated: March 25, 2011 KRAMER, LEVIN, NAFTALIS & FRANKEL LLP

By:

/S/ Erica D. Klein ERICA D. KLEIN Attorneys for Defendant Sirius XM Radio Inc. 1177 Avenue of the Americas New York, NY 10036

Dated: March 25, 2011

THE MORALES LAW FIRM

By:

/S/ David P. Morales DAVID P. MORALES Attorney for Plaintiff Jacque Ojadidi

STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Case No. CV11-00168 EDL -3-

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[PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Date: March 28, 2011

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STIPULATED REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES Case No. CV11-00168 EDL -4-

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HON. ELIZABETH D. LAPORTE United States Magistrate Judgee port h D. La Elizabet Judge

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