Cordova v. Convergys, Inc

Filing 26

STIPULATION AND ORDER RE 25 FOR A HOLD ON CASE RELATED DATES AND FOR A INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 7/28/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco.. Signed by Judge Richard Seeborg on 5/26/11. (cl, COURT STAFF) (Filed on 5/26/2011)

*E-Filed 5/26/11*

1
2
3
4
5
6

Thomas M. McInerney State Bar No. 162055
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415.442.4810
Facsimile:
415.442.4870
Attorneys for Defendant
CONVERGYS CORPORATION

7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

JON J. CORDOVA,

12
13
14
15

Plaintiff,
v.

Case No. C 11-00333 RS
STIPULATION AND [PROPOSED]
ORDER FOR A HOLD ON CASERELATED DATES AND FOR A INITIAL
CASE MANAGEMENT CONFERENCE

CONVERGYS CORPORATION,
Defendant.

16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. C 11-00333 RS
10322758_2.DOC

STIPULATION AND [PROPOSED] ORDER FOR A HOLD ON CASE-RELATED DATES
AND FOR A INITIAL CASE MANAGEMENT CONFERENCE

1

WHEREAS the Court has scheduled a June 9, 2011 Initial Case Management

2

Conference, which requires the preparation and filing of a Joint Case Management Statement by

3

June 2, 2011;

4
5
6

WHEREAS the parties have other upcoming case-related dates, including for answering
the First Amended Complaint, filing of a Second Amended Complaint, and Initial Disclosures;
WHEREAS the parties have had informal settlement disclosures, and would like to

7
continue these discussions without having to incur further litigation-related expenses related to
8
9
10

these upcoming court and case-related dates;
THEREFORE, IT IS HEREBY STIPULATED AND AGREED by plaintiff Jon J.

11

Cordova and defendant Convergys Corporation, by and through their respective counsel, that

12

they hereby jointly request that the Court impose a 30-day hold on this case, during which the

13

parties will not be required to file with the Court or serve on each other any case-related

14

documents which would otherwise be required without this hold. The 30-day hold will run from

15

May 26, 2011 through June 26, 2011. Cordova will have until July 7, 2011 to file (a) his

16

amended fraud claims in a Second Amended Complaint, (b) a stipulation authorizing the filing of

17

an amended complaint alleging additional claims with a Second Amended Complaint, or (c) a

18
19

motion requesting leave to file a Second Amended Complaint alleging additional claims, if any.
Convergys shall have until two weeks after the filing of an amended complaint to file a

20
responsive pleading, or until July 21, whichever is later.
21
22
23

The Court shall schedule an Initial Case Management Conference on a date convenient
with its calendar on July 21, 2011, or other date available to the Court, assuming the case has not

24

settled and a Request for Dismissal is not submitted to the Court prior to said date. The parties

25

shall submit a Case Management Statement one week prior to the Case Management Conference.

26

The parties shall also mutually agree on a date after June 26 for service of Initial Disclosures,

27
10322758_2.DOC

28
1

Case No. C 11-00333 RS

STIPULATION AND [PROPOSED] ORDER FOR A HOLD ON CASE-RELATED
DATES AND FOR A INITIAL CASE MANAGEMENT CONFERENCE

1
2
3

assuming the case is not resolved in the interim.
IT IS SO STIPULATED.

4
5

Dated: May 26, 2011

/s/

Guy Kornblum
Guy Kornblum
GUY KORNBLUM & ASSOCIATES
Counsel for plaintiff Jon J. Cordova

Dated: May 26, 2011

/s/

Thomas M. McInerney
Thomas M. McInerney
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
Counsel for defendant Convergys Corporation

6
7
8
9
10
11

[PROPOSED] ORDER

12
Based on the request and stipulation of the parties, and for good cause showing, the Court
13
14
15

hereby orders that 30-day day hold on litigation outlined in the parties’ stipulation while the
parties pursue settlement discussions. The Court further orders that a Case Management

16

Conference will be held on July 28

17

file a joint Case Management Statement one week prior. Cordova shall have until July 7, 2011

18

to file (a) his amended fraud claims in a Second Amended Complaint consistent with the Court’s

19

May 9, 2011 order, (b) a stipulation authorizing the filing of an amended complaint alleging

20

additional claims with a Second Amended Complaint, or (c) a motion requesting leave to file a

21

Second Amended Complaint alleging additional claims, if any. Convergys shall have until two

22

weeks after the filing of an amended complaint to file a responsive pleading, or until July 21,

23
24

, 2011, at 10 a.m. The parties are to

whichever is later.
IT IS SO ORDERED.

25
26

Dated: 5/26/11
The Honorable Richard Seeborg
United States District Court for the
Northern District of California

27
10322758_2.DOC

28
2

Case No. C 11-00333 RS

STIPULATION AND [PROPOSED] ORDER FOR A HOLD ON CASE-RELATED
DATES AND FOR A INITIAL CASE MANAGEMENT CONFERENCE