Hensley-Maclean et al v. Safeway, Inc.

Filing 137

ORDER RE MOTION TO SHORTEN TIME AND MOTION TO STAY. Signed by Judge Richard Seeborg on 9/4/14. (cl, COURT STAFF) (Filed on 9/4/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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DEE HENSLEY-MACLEAN, and
JENNIFER ROSEN, on behalf of themselves
and all others similarly situated,

No. C 11-1230 RS
ORDER RE MOTION TO SHORTEN
TIME AND MOTION TO STAY

Plaintiffs,
v.
SAFEWAY, INC.,
Defendant.
____________________________________/

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Defendant seeks a stay of this matter in view of its lead counsel’s health condition, and

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request that the issue be decided on shortened time. Plaintiffs have advised that they do not oppose

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an order shortening time. The parties are hereby directed to meet and confer to attempt to resolve

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the scheduling issues presented by counsel’s health circumstances. While leave has been granted to

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file the details of those circumstances under seal, they have not yet been provided to the Court.

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There is no reason to doubt, however, that some reasonable accommodation in scheduling must be

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made. In general, though, stays of indefinite length are disfavored, and at some point a party’s

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interest in being represented by its preferred counsel must yield to the need for timely disposition of

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litigation. With those principles in mind, the parties should endeavor to reach a jointly-agreed plan

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for adjusting the present schedule, perhaps including various options that will be followed,

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depending on future developments.

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Within 10 days of the date of this order, the parties shall submit either a stipulation

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embodying the agreements they reach, or a joint report setting forth their respective positions if they

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cannot agree.

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IT IS SO ORDERED.

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Dated: 9/4/14

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For the Northern District of California

United States District Court

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RICHARD SEEBORG
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UNITED STATES DISTRICT JUDGE

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