Cordova v. Convergys, Inc

Filing 37

STIPULATION AND ORDER RE 36 FOR A HOLD ON CASE-RELATED DATES AND FOR AN INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 10/20/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 8/5/11. (cl, COURT STAFF) (Filed on 8/5/2011)

*E-Filed 8/5/11*

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GUY O. KORNBLUM [SBN 39974]
GUY KORNBLUM & ASSOCIATES
1388 Sutter Street, Suite 820
San Francisco, California 94109
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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PHILLIP A. JARET, ESQ. [SBN 092212]
ROBERT S. JARET, ESQ. [SBN 124876]
JARET & JARET
1016 Lincoln Avenue
San Rafael, California 94901
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiff
JON J. CORDOVA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Plaintiff,
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v.
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CONVERGYS CORPORATION, a Corporation, )
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Defendant.
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JON J. CORDOVA, an individual,

Case No. CV11-0333 RS
STIPULATION AND [PROPOSED] ORDER
FOR A HOLD ON CASE-RELATED DATES
AND FOR AN INITIAL CASE
MANAGEMENT CONFERENCE

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STIPULATION AND [PROPOSED] ORDER FOR A HOLD ON CASE-RELATED DATES AND FOR AN INTIAL
CASE MANAGEMENT CONFERENCE - CV11-0333 RS

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WHEREAS a Case Management Conference is scheduled for August 11, 2011 at 10:00 a.m.,
which requires the submission of a joint Case Management Conference Statement by August 4, 2011;

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WHEREAS Plaintiff Jon J. Cordova (“Plaintiff”) filed his Second Amended Complaint on July

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20, 2011, and pursuant to the Court’s July 18, 2011 order, Defendant Convergys Corporation

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(“Defendant”) currently has until August 10, 2011 to file its responsive pleading;

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WHEREAS the parties have continued to engage in settlement discussions, and recently agreed

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to engage in a formal private mediation before retired Alameda Superior Court Judge Richard Hodge,

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most likely in September 2011;

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WHEREAS, the parties are hopeful that this mediation will lead to resolution of this matter prior
to or at mediation;

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THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Plaintiff and Defendant,

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by and through their respective counsel, that they jointly request that the Court impose a 75-day hold on

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this case, during which the parties will not be required to file with the Court or serve on each other any

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case-related documents which would otherwise be required without this hold, including but not limited

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to a responsive pleading to the Second Amended Complaint, Initial Disclosures, or any other pleadings.

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The 75-day hold will run from August 4, 2011 through October 18, 2011.

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In the event that this matter is not resolved through mediation, the Court shall schedule an Initial

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Case Management Conference on October 20, 2011, at 10:00 a.m., or another date convenient with the

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Court’s calendar. The parties shall submit a joint Case Management Statement one week prior to the

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Case Management Conference and the parties’ Rule 26(f) conference shall be conducted on or prior to

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that date. Assuming the case has not settled and a Request for Dismissal is not submitted to the Court,

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the Defendant shall file his responsive pleading to Plaintiff’s Second Amended Complaint within 21

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days of the final session of the unsuccessful mediation.

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STIPULATION AND [PROPOSED] ORDER FOR A HOLD ON CASE-RELATED DATES AND FOR AN INTIAL
CASE MANAGEMENT CONFERENCE - CV11-0333 RS

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IT IS SO STIPULATED.

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Dated: August 4, 2011

GUY KORNBLUM & ASSOCIATES

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By

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/s/ Guy Kornblum_____________
Guy Kornblum
Counsel for Plaintiff Jon J. Cordova

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Dated: August 4, 2011

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OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
By

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/s/ Thomas McInerney
Thomas McInerney
Counsel for Defendant Convergys
Corporation

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[PROPOSED] ORDER
Based on the request and stipulation of the parties, and for good cause showing, the Court hereby

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orders a 75-day day hold on litigation, as outlined in the parties’ stipulation, while the parties pursue

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mediation. In the event the case is not resolved through mediation, the Court further orders that a Case

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October 20,
Management Conference will be held on ______________________________, 2011, at 10:00 a.m. The

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parties shall submit a joint Case Management Statement one week prior to the Case Management

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Conference and the parties’ Rule 26(f) conference shall be conducted on or prior to that date. The

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Defendant shall file his responsive pleading to Plaintiff’s Second Amended Complaint within 21 days of

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the final session of the unsuccessful mediation.

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8/5/11
Dated: _____________________

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The Honorable Richard Seeborg
U.S. District Court for the Northern District of California

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STIPULATION AND [PROPOSED] ORDER FOR A HOLD ON CASE-RELATED DATES AND FOR AN INTIAL
CASE MANAGEMENT CONFERENCE - CV11-0333 RS