Smalley et al v. Home Depot U.S.A., Inc.

Filing 133

ORDER GRANTING re 132 Case Management Statement And Request for Continuance of Conference filed by Darren Scott Williams, Margaret E. Crane, Michael Scott Turner, Shane Paskett, Harold Smalley, Lorenzo Nicholson, Laura Woolston, Jesmendar Sungh, Everet Pinkney, Mary Cushing, Michael Swinfard, Michael Perrin, Craig Mace, Deborah Jackson, Alan Aneals, Bradley J. McAdam, David Leyva Further Case Management Conference re-set for 3/7/2014 02:00 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 2/19/14. (klhS, COURT STAFF) (Filed on 2/19/2014)

1
2
3

BLAKE M. HARPER
HULETT HARPER STEWART LLP
2225 Broadway
Suite 1350
San Diego, California 92101
Telephone: [phone]

4

8

OLIMPIO LEE SQUITIERI
CAITLIN DUFFY
SQUITIERI & FEARON, LLP
32 East 57th Street
12th Floor
New York, New York 10022
Telephone: [phone]

9

Attorneys for Plaintiffs

5
6
7

10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13
14

HAROLD SMALLEY, ET AL.
Plaintiffs,

15
16
17
18

v.
HOME DEPOT U.S.A., INC.,

Case No. 3:11-cv-02951-JCS
CASE MANAGEMENT STATEMENT
AND REQUEST FOR CONTINUANCE
OF CONFERENCE
ORDER

Defendant.

19
20
21

Plaintiffs Alan A’Neals, Margaret Crane, Mary Cushing, Debora Jackson, David

22

Leyva, Craig Mace, Bradley James McAdam, Lorenzo Nicholson, Shane Paskett,

23

Michael Perrin, Everett Pinkney, Jesmendar Singh, Harold Smalley, Michael Swinfard,

24
25
26
27
28

CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE OF CONFERENCE

1
11-cv-02951-JCS

1

Darren Scott Williams, and Laura Woolston and defendant Home Depot U.S.A., Inc.

2

(collectively, “parties”) jointly submit this case management statement.

3

On December 16, 2013, the parties reached an agreement in principle to settle

4

plaintiffs’ claims in this matter and promptly informed the Court of this development.

5

See Doc. No. 126. The parties are close to memorializing the settlement terms in a

6

comprehensive written settlement agreement, but need additional time to finalize the

7

terms and execute the agreement before presenting it to the Court. The parties believe

8

they need an additional two weeks before they can present the settlement to the Court

9

for approval. Counsel for the parties do not believe that any disagreements concerning

10

the settlement terms will arise while they work to finalize the agreement.

11

Based on the foregoing, the parties request that the Court continue the case

12

management conference, currently set for February 21, 2014 to March 7, 2014.

13
14

Dated: February 14, 2014

15
16
17
18
19
20
21

/s/ Caitlin Duffy
Lee Squitieri (pro hac vice)
Caitlin Duffy (pro hac vice)
Squitieri & Fearon, LLP
32 E. 57th Street, 12th Floor
New York, NY 10022
Telephone: (212) 421 – 6492
Fax: (212) 421 – 6553
[e-mail]
[e-mail]
One of the Attorneys for Plaintiffs

22
23

Dated: February 14, 2014

/s/ Donna M. Mezias
Donna M. Mezias

24
25
26
27
28

CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE OF CONFERENCE

2
11-cv-02951-JCS

1

Akin, Gump, Strauss, Hauer & Feld LLP
580 California Street, Suite 1500
San Francisco, California 94104-1036
Telephone: [phone]
Facsimile: [phone]
[e-mail]

2
3
4
5

One of the Attorneys for Defendant

6
7
8
9

15

ERED

O ORD
IT IS S

NO

RT

16

UNIT
ED

14

S DISTRICT
TE
C
TA

Judge Jo

ER

seph C.

Spero

A

H

17

RT
U
O

S

13

R NIA

12

FO

11

IT IS HEREBY ORDERED that the case management conference shall be continued to 3/7/14 at
2:00 PM.
Dated: 2/19/14
NOTE: Effective 2/10/14 case management conferences will now begin at 2:00 PM.

LI

10

N

F
D IS T IC T O
R

C

18
19
20
21
22
23
24
25
26
27
28

CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE OF CONFERENCE

3
11-cv-02951-JCS

1
2
3
4

PROOF OF SERVICE
I, Caitlin Duffy, am employed in the County of New York, State of New York. I
am over the age of 18 and not a party to the within action; my business address is: 32
East 57th Street, 12th Floor, New York, New York 10022. On February 14, 2014, I
served the foregoing document(s) described as:

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

CASE MANAGEMENT STATEMENT AND REQUEST FOR
CONTINUANCE OF CONFERENCE
on the interested party(ies) below, using the following means:
All parties identified for Notice of Electronic Filing generated by the Court’s
CM/ECF system under the referenced case caption and number
BY ELECTRONIC MAIL OR ELECTRONIC TRANSMISSION. Based on a court
order or an agreement of the parties to accept service by e-mail or electronic
transmission, I caused the document(s) to be sent to the respective e-mail address(es) of
the party(ies) as stated above. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
unsuccessful.
I declare that I am employed in the office of a member of the bar of this court at
whose direction the service was made.
Executed on February 14, 2014 at New York, New York.
/s/ Caitlin Duffy
Caitlin Duffy