Fulcher v. Olan Mills, Inc.

Filing 21

STIPULATION AND ORDER [as modified] extending discovery deadlines and continuing Case Management Conference to 9/27/2011 at 10:00 AM in Courtroom F, 15th Floor, San Francisco re 17 . Signed by Magistrate Judge Elizabeth D. Laporte on 7/5/2011. (awb, COURT STAFF) (Filed on 7/6/2011)

1 JENNIFER B. ROBINSON, Bar No. 148333
LITTLER MENDELSON
2 A Professional Corporation
3200 West End Ave., Suite 500
3 Nashville, TN 37203
Telephone:
615.383.3033
4 Facsimile:
615.383.3323
E-mail: [e-mail]
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Attorneys for Defendant
6 OLAN MILLS, INC.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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10 ARIEL J. FULCHER, an individual, on
behalf of himself and all persons similarly
11 situated,
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Plaintiff,
v.

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OLAN MILLS, INC.; and Does I through
15 50,
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Defendants.

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Case No.: 3:11-cv-01821-EDL
(Class Action)
JOINT STIPULATION OF THE PARTIES
TO EXTEND DISCOVERY AND CASE
MANAGEMENT DEADLINES
AS MODIFIED
Mag. Judge: Hon. Elizabeth D. Laporte

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Defendant OLAN MILLS, INC. (“Olan Mills”) and Plaintiffs (ARIEL J. FULCHER, et
al.), respectfully request an order extending deadlines in the Court’s April 14, 2011, case

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management order (See Docket No. 2) by sixty (60) days.
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Defendant’s counsel has conferred with Plaintiffs’ counsel, who has no objection to the

23 Court entering an order thereon, as evidenced by the Plaintiff’s electronic signature herein.
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In support of their stipulation to extend the deadlines, and pursuant to Civil L.R. 6-2,

25 Defendant files herewith the declaration of Jennifer B. Robinson, attorney for Olan Mills.
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-1JOINT STIPULATION OF THE PARTIES TO EXTEND DISCOVERY AND CASE
MANAGEMENT DEADLINES (CV 11-1821 EDL)

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WHEREFORE, Defendant and Plaintiffs respectfully request that the deadlines be

2 extended by sixty (60) days as follows:
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Last day to meet and confer re: initial disclosures, early settlement, ADR process
selection, and discovery plan shall be changed from July 5, 2011 to September 2, 2011;

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Last day to file ADR Certification signed by Parties and Counsel shall be changed from
July 5, 2011 to September 2, 2011;
Last day to file either Stipulation to ADR Process or Notice of Need for ADR Phone

9 Conference shall be changed from July 5, 2011 to September 2, 2011;
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Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule
26(f) Report and file Case Management Statement shall be changed from July 19, 2011 to

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September 16, 2011;
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INITIAL CASE MANAGEMENT CONFERENCE shall be changed from July 26, 2011

15 to September 23, 2011, or as soon thereafter as the Court has availability.
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-2JOINT STIPULATION OF THE PARTIES TO EXTEND DISCOVERY AND CASE
MANAGEMENT DEADLINES (CV 11-1821 EDL)

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Respectfully submitted,

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LITTLER MENDELSON, P.C.
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DATED: June 29, 2011

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By: s/ Jennifer B. Robinson
JENNIFER B. ROBINSON
Attorneys for Defendant,
OLAN MILLS, INC.

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BLUMENTAHL NORDREHAUG &
BHOWMIK

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DATED: June 29, 2011

By: s/ Kyle Nordrehaug
Norman Blumenthal
Kyle Nordrehaug
Aparajit Bhomik
Ruchira Piya Mukherjee
Attorneys for Plaintiffs,
ARIEL FULCHER, et al.

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-3JOINT STIPULATION OF THE PARTIES TO EXTEND DISCOVERY AND CASE
MANAGEMENT DEADLINES (CV 11-1821 EDL)

1 JENNIFER B. ROBINSON, Bar No. 148333
LITTLER MENDELSON
2 A Professional Corporation
3200 West End Ave., Suite 500
3 Nashville, TN 37203
Telephone:
615.383.3033
4 Facsimile:
615.383.3323
E-mail: [e-mail]
5
6 Attorneys for Defendant
OLAN MILLS, INC.
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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10 ARIEL J. FULCHER, an individual, on
behalf of himself and all persons similarly
11 situated,
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Plaintiff,

13 v.
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OLAN MILLS, INC.; and Does I through
15 50,
16

Defendants.

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Case No.: 3:11-cv-01821-EDL
(Class Action)
DECLARATION OF JENNIFER B.
ROBINSON IN SUPPORT OF PARTIES’
JOINT STIPULATION TO EXTEND
DISCOVERY AND CASE MANAGEMENT
DEADLINES
Mag. Judge: Hon. Elizabeth D. Laporte

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I, the undersigned, certify and declare as follows:
1.

I am an attorney with Littler Mendelson, P.C., attorneys of record for Defendant,

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Olan Mills, Inc. (“Olan Mills”) in this action, and I have personal knowledge of the facts stated
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herein. If necessary, I could and would testify truthfully to the facts stated herein.
2.

The complaint in this matter was originally filed

in the Superior Court of

24 California for the County of Alameda on February 22, 2011, and served on Defendant through its
25 registered agent for service of process on March 17, 2011. (See Docket 3).
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3.

On April 14, 2011, Defendants removed the complaint to this Court. (See Docket

Nos. 1, 3, 4).
-1DECLARATION OF JENNIFER B. ROBINSON (CV 11-1821 EDL)

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4.

On June 3, 2011, the parties entered into a stipulation to allow Plaintiffs to file a

2 First Amended Complaint, which was ordered by the Court on June 6, 2011. (See Docket Nos.
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14, 15).
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On May 4, 2011, Defendant informed Plaintiffs’ counsel of a prior matter filed

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against it, in which the same claims were alleged as the case at bar, and were settled and released
by the parties through November 28, 2009.
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Since May 4, 2011, the parties have agreed to try to settle the case at bar for the

9 period beginning November 29, 2009 through “present” and are currently working to agree on
10 the terms of the settlement.
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7.

Pursuant to Civil L.R. 6-2, the undersigned hereby declares that there have been

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no previous modifications to the Court’s deadlines for ADR and discovery deadlines as set forth
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in its Order Setting Initial Case Management Conference and ADR deadlines dated April, 14,

15 2011. (See Docket 2).
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An enlargement of time of the deadlines set forth in the Court’s Order shall

17 further the interest of the parties in order to settle this matter expeditiously and with judicial
18 economy to both parties.
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9.

Therefore, pursuant to Civil L.R. 6-2, the undersigned, counsel for the Defendant,

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along with counsel for the Plaintiffs, have requested an enlargement of time of the deadlines
outlined in the Court’s Order at Docket 2, through their Joint Stipulation to Extend Discovery

23 and Case Management Deadlines filed concurrently herewith.
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-2DECLARATION OF JENNIFER B. ROBINSON (CV 11-1821 EDL)

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I declare under the penalty of perjury under the laws of the United States and the State of

2 California that the foregoing is true and correct. Executed this the 29th day of June, 2011, in
3 Nashville, Davidson County, Tennessee.
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s/ Jennifer B. Robinson
JENNIFER B. ROBINSON

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Firmwide:102540287.1 068219.1001

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-3DECLARATION OF JENNIFER B. ROBINSON (CV 11-1821 EDL)

1 JENNIFER B. ROBINSON, Bar No. 148333
LITTLER MENDELSON
2 A Professional Corporation
3200 West End Ave., Suite 500
3 Nashville, TN 37203
Telephone:
615.383.3033
4 Facsimile:
615.383.3323
E-mail: [e-mail]
5
Attorneys for Defendant
6 OLAN MILLS, INC.
7
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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9

10 ARIEL J. FULCHER, an individual, on
behalf of himself and all persons similarly
11 situated,
12
13

Plaintiff,
v.

14
OLAN MILLS, INC.; and Does I through
15 50,
16

Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 3:11-cv-01821-EDL
(Class Action)
[PROPOSED] ORDER GRANTING
STIPULATION TO EXTEND DISCOVERY
AND CASE MANAGEMENT DEADLINES
AS MODIFIED
Mag. Judge: Hon. Elizabeth D. Laporte

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The Court has reviewed the Parties’ Stipulation to Extend Discovery and Case
Management Deadlines, and the Declaration of Jennifer B. Robinson pertaining thereto.

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-1[PROPOSED] ORDER GRANTING STIPULATION TO EXTEND DISCOVERY AND
CASE MANAGEMENT DEADLINES (CV 11-1821 EDL)

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Good cause appearing therefore, it is hereby ordered that the Stipulation is granted and

2 the Court hereby directs the Clerk to enter this order and amend the case management deadlines
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as follows:
Last day to meet and confer re: initial disclosures, early settlement, ADR process

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selection, and discovery plan shall be changed from July 5, 2011 to September 2, 2011;
Last day to file ADR Certification signed by Parties and Counsel shall be changed from

8 July 5, 2011 to September 2, 2011;
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Last day to file either Stipulation to ADR Process or Notice of Need for ADR Phone

10 Conference shall be changed from July 5, 2011 to September 2, 2011;
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Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule

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26(f) Report and file Case Management Statement shall be changed from July 19, 2011 to
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September 16, 2011;

INITIAL CASE MANAGEMENT CONFERENCE shall be changed from July 26, 2011
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at 10:00 a.m.
16 to September 23, 2011, or as soon thereafter as the Court has availability (_________________).
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H

ER

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R NIA

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HONORABLE Elizabeth D. Laporte
United States Magistrate Judge
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. Laport
abeth D
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Judge E

NO

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July 5
DATED: ________________, 2011

A

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ERED
O ORD
_________________________________
IT IS S

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UNIT
ED

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S DISTRICT
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18 PURSUANT TO STIPULATION, IT IS SO ORDERED.

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F
D IS T IC T O
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C

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-2[PROPOSED] ORDER GRANTING STIPULATION TO EXTEND DISCOVERY AND
CASE MANAGEMENT DEADLINES (CV 11-1821 EDL)