Bayer v. Neiman Marcus Holdings Inc

Filing 39

STIPULATION AND ORDER re 38 Stipulation filed by Neiman Marcus Holdings Inc, Tayler Bayer for Extension of Dates for ADR and Case Management Conference Pending Resolution of Motion for Stay.. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 12/20/11. (bjtS, COURT STAFF) (Filed on 12/20/2011)

1
2
3
4
5
6

CLIFF PALEFSKY, ESQ. (SBN 77683)
KEITH EHRMAN, ESQ. (SBN 106985)
MCGUINN, HILLSMAN & PALEFSKY
535 Pacific Avenue
San Francisco, California 94133
Telephone:
415.421.9292
Facsimile:
415.403.0202
Email:
[e-mail]
[e-mail]
Attorneys for Plaintiff
TAYLOR BAYER

7
8
9
10
11

JOANNA L. BROOKS (SBN 182986)
JACKSON LEWIS LLP
199 Fremont Street, 10th Floor
San Francisco, CA 94105
Telephone:
415.394.9400
Facsimile:
415.394.9401
Email:
[e-mail]
KAREN E. GRIFFIN (TBN 00796680)
DAN HARTSFIELD (SBN 0917088)
ALLYSON L. JOHNSON (SBN 248042)
JACKSON LEWIS LLP
3811 Turtle Creek Blvd., Suite 500
Dallas, TX 75219
Telephone:
214.520.2400
Facsimile:
214.520.2008
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
THE NEIMAN MARCUS GROUP, INC.

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

15
TAYLOR BAYER,

Case No. 11-CV-03705-MEJ

16
Plaintiff/Appellee,
17

(Assigned for all purposes to Honorable
Maria-Elena James)

v.
18
NEIMAN MARCUS HOLDINGS, INC.,
19
Defendant/Appellant.
20
21

Courtroom:
Judge:

22
23
24
25
26
27
28

STIPULATION FOR EXTENSION OF
DATES FOR ADR AND CASE
MANAGEMENT CONFERENCE
PENDING RESOLUTION OF
MOTION FOR STAY
B
Hon. Maria-Elena James

WHEREAS, Defendant/Appellant NEIMAN MARCUS GROUP, INC. (“NMG”) has
filed a motion for stay of district court proceedings during the pendency of its appeal of the
Court’s order denying NMG’s motion to compel arbitration (docket no. 30).
WHEREAS, NMG and Plaintiff/Appellee TAYLOR BAYER (“Bayer”) have conferred
regarding said motion, and Bayer does not intend to oppose NMG’s motion for stay.
WHEREAS, pursuant to the parties’ prior Stipulation for Extension of Dates (docket no.
1
STIPULATION FOR EXTENSION OF DATES

Case No.: 11-CV-03705-MEJ

1

25), the parties must file an ADR Certification and Stipulation to ADR Process or Notice of Need

2

for ADR Conference by December 22, 2011; file a Joint Case Management Conference Statement

3

by January 5, 2012; exchange Initial Disclosures by January 5, 2012; and attend an Initial Case

4

Management Conference at 10:00 a.m. on January 12, 2012.

5

WHEREAS, a stay of the trial court action, if granted, would result in a stay of discovery

6

and ADR proceedings in the trial court and obviate the present need for a case management

7

conference and order until the appeal before the Ninth Circuit Court of Appeals has been

8

completed.

9
10

IT IS HEREBY STIPULATED AS FOLLOWS:
1.

In light of Defendant's pending Motion for Stay and the parties' desire to have that

11

Motion determined before they conduct the various case management and pre-trial matters, the

12

deadlines (1) to file an ADR Certification signed by Parties and Counsel, (2) to file either a

13

Stipulation to ADR Process or Notice of Need for ADR Phone Conference, (3) to file a Joint Case

14

Management Conference Statement, and (4) to exchange Initial Disclosures shall be deferred

15

indefinitely if this Court grants the Motion for Stay. In the event the Court denies said motion,

16

said deadlines shall be deferred until 30 days after the entry of the Court’s order.

17
18

1.

The Initial Case Management Conference, currently scheduled for January 12,

2012, shall be cancelled and rescheduled in accordance with the foregoing.

19
20

Dated: December 20, 2011

JACKSON LEWIS LLP

21
22

By:

23
24
25

/s/ Karen E. Griffin
JoAnna Brooks
Karen E. Griffin
Dan Hartsfield
Allyson L. Johnson
Attorneys for Defendant/Appellant
The NEIMAN MARCUS GROUP,
INC.

26
27
28
2
STIPULATION FOR EXTENSION OF DATES

Case No.: 11-CV-03705-MEJ

1

Dated: December 20, 2011

McGUINN HILLSMAN & PALEFSKY

2
3

By:

4
5

/s/ Keith Ehrman
Cliff Palefsky
Keith Ehrman
Attorneys for Plaintiff/Appellee
TAYLER BAYER

6
7

IT IS SO ORDERED.

8
9

December 20
1
Dated: _____________, 201__

10

_________________________________________
HONORABLE MARIA-ELENA JAMES
United States Magistrate Judge

11
12
4817-5595-2142, v. 1

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
STIPULATION FOR EXTENSION OF DATES

Case No.: 11-CV-03705-MEJ