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

Filing 59

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE TO JULY 13, 2012. Further Case Management Conference re-set for 7/13/2012 at 09:30 AM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 06/21/12. (klhS, COURT STAFF) (Filed on 6/21/2012)

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Blake M. Harper
Hulett Harper Stewart LLP
525 B Street
Suite 760
San Diego, CA 92101
Tel: [phone]
Fax: [phone]
[e-mail]

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Lee Squitieri
Caitlin Duffy
SQUITIERI & FEARON, LLP
32 E. 57th St., 12th Floor
New York, NY 10022
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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Case No. 11-cv-02951-JCS

HAROLD SMALLEY et al.,

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
TO JULY 13, 2012

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

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Defendant.

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WHEREFORE, on June 15, 2012 the Court held a discovery hearing on the
parties’ joint letter and issued an Order to Show Cause to the 27 plaintiffs who

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

11-cv-02951-JCS

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have not responded to discovery as to why their case should not be dismissed for

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failure to prosecute and denied the nine plaintiffs’ request for an abeyance.

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WHEREFORE, the Court set a hearing for July 13, 2012 at 9:30 AM, for its
Order to Show Cause.
WHEREFORE, the Court previously set a case management conference for
June 22, 2012.
THE PARTIES HEREBY STIPULATE AND AGREE that the case
management conference set for June 22, 2012 shall be continued to July 13, 2012
to be held after the Order to Show Cause hearing.
Respectfully submitted,
Dated: June 20, 2012

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/s/ Caitlin Duffy
Lee Squitieri
Caitlin Duffy
Squitieri & Fearon, LLP
32 E. 57th St., 12th Floor
New York, NY 10022
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]

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One of the Attorneys for Plaintiffs

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Dated: June 20, 2012

/s/ Donna M. Mezias
Donna M. Mezias,
AKIN GUMP STRAUSS
HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, California 94104-1036
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

11-cv-02951-JCS

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One of the Attorneys for Defendant

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

11-cv-02951-JCS

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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RT

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Dated:____________

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ER

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June 21, 2012

Judge Jo

R NIA

seph C.

NO

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Spero

FO

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LI

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UNIT
ED

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RT
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S DISTRICT
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___________________________________
D IS T IC T O
R
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

11-cv-02951-JCS

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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 June 20, 2012, I served the foregoing document(s) described as:

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
CONFERENCE TO JULY 13, 2012
on the interested party(ies) below, using the following means:
SEE ATTACHED SERVICE LIST
BY UNITED STATES MAIL I enclosed the documents in a sealed envelope or package addressed to the
respective address(es) of the party(ies) stated above and placed the envelope(s) for collection and
mailing, following our ordinary business practices. I am readily familiar with the firm’s practice of
collection and processing correspondence for mailing. On the same day that correspondence is placed
for collection and mailing, it is deposited in the ordinary course of business with the United States
Postal Service, in a sealed envelope with postage fully prepaid at Sacramento, California.
BY OVERNIGHT DELIVERY I enclosed the document(s) in an envelope or package provided by an
overnight delivery carrier and addressed to the respective address(es) of the party(ies) stated above. I
placed the envelope or package for collection and overnight delivery at an office or a regularly utilized
drop box of the overnight delivery carrier.
BY FAX Based on an agreement of the parties to accept service by fax transmission, I faxed the
documents to the respective fax number(s) of the party(ies) as stated above. No error was reported by
the fax machine that I used. A copy of the record of the fax transmission(s), which I printed out, is
attached.
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.
(STATE) I declare under penalty of perjury under the laws of the State of New York that the
foregoing is true and correct.
(FEDERAL) 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 June 20, 2012 at New York, New York.
/s/ Caitlin Duffy
Caitlin Duffy

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SERVICE LIST
Donna M. Mezias, Esq.
AKIN GUMP STRAUSS
HAUER & FELD LLP
580 California Street, Suite 1500
San Francisco, California 94104-1036
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

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Joel M. Cohn, Esq.
Juliet Gray, Esq.
AKIN GUMP STRAUSS
HAUER & FELD LLP
1333 New Hampshire Avenue, N.W.
Washington D.C. 20036
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Email:
[e-mail]