McConnell v. Red Robin International, Inc. et al

Filing 13

ORDER continuing ICMC re 11 STIPULATION CONTINUING INITIAL CASE MANAGEMENT CONFERENCE filed by Red Robin International, Inc., Initial Case Management Conference reset for 3/23/2012 08:30 AM in Courtroom 6, 17th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 1/27/2012. (beS, COURT STAFF) (Filed on 1/27/2012)

Case3:11-cv-03794-CRB Document11 Filed01/26/12 Page1 of 4

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SEYFARTH SHAW LLP
William J. Dritsas (SBN 097523) [e-mail]
Catherine M. Dacre (SBN 141988) [e-mail]
Robb D. McFadden (SBN 258569) [e-mail]
Ari Hersher (SBN 260321) [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
RED ROBIN INTERNATIONAL, INC.

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HOFFMAN EMPLOYMENT LAWYERS, LLP
Michael Hoffman (SBN 154481) [e-mail]
Leonard Emma (SBN 224483) [e-mail]
333 Bush Street, Suite 2250
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
KEVIN McCONNELL

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UNITED STATES DISTRICT COURT
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IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO
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KEVIN McCONNELL, an individual,
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Plaintiff,
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v.
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RED ROBIN INTERNATIONAL, INC., a
Colorado Corporation; JILL DIPOLINI, an
individual,

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Defendant.
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Case No. C 11-3794-CRB
STIPULATION CONTINUING INITIAL
CASE MANAGEMENT CONFERENCE
AND [PROPOSED] ORDER

Complaint Filed: August 1, 2011

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WHEREAS, on August 1, 2011, Plaintiff Kevin McConnell (“Plaintiff”) filed a lawsuit

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against Defendants Red Robin International, Inc. (“Red Robin”) and Jill DiPolini [Dkt. No. 1];

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WHEREAS, on or about December 29, 2011, Red Robin was served with the Complaint;

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WHEREAS, on January 12, 2012, Red Robin filed a Declination to Proceed Before a
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Stipulation Continuing Initial Case Management Conference and [Proposed] Order
Case No. C 11-3794-CRB

Case3:11-cv-03794-CRB Document11 Filed01/26/12 Page2 of 4

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Magistrate Judge [Dkt. No. 6];

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WHEREAS, on January 18, 2012, the case was reassigned to the Hon. Charles R. Breyer
and all pre-trial dates were vacated [Dkt. No. 8];

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WHEREAS, on January 19, 2012, the Court’s Clerk confirmed to Plaintiff’s counsel that
the Initial Case Management Conference originally scheduled for January 26, 2012 before the
Magistrate Judge had been vacated;

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WHEREAS, on January 19, 2012, Red Robin filed an Answer to the Complaint [Dkt. No.
9];

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WHEREAS, Fed. R. Civ. P. 26(f)(1) requires the Parties to confer at least 21 days before
the Initial Case Management Conference in order to discuss discovery and scheduling issues;

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WHEREAS, Fed. R. Civ. P. 26(f)(2) requires the Parties to file with the Court a written
report outlining the Parties’ discovery plan within 14 days after the Rule 26(f) conference;

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WHEREAS, Fed. R. Civ. P. 26(a)(C) requires the Parties to exchange Initial Disclosures
within 14 days after the Rule 26(f) conference unless a different time is set by stipulation or
court order;

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WHEREAS, on January 26, 2012, an initial Case Management Conference was
scheduled for eight days later, on February 3, 2012, at 8:30 AM [Dkt. No. 10];

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WHEREAS, the Parties cannot satisfy the requirements set forth in Fed. R. Civ. P.
26(a)(C), (f)(1) and (f)(2) prior to the Initial Case Management Conference set for February 3,
2012;
WHEREAS, the Parties met and conferred on January 26, 2011, and agreed that
additional time is needed to satisfy the requirements set forth in Fed. R. Civ. P. 26(a)(C), (f)(1),
and (f)(2), prior to the Initial Case Management;
WHEREAS, pursuant to Local Rule 16-2(e) and 7-12 the Parties have stipulated to
continue the Initial Case Management Conference scheduled for February 3, 2012 and
reschedule it for a date that is convenient to this Court on or after March 16, 2012.
THEREFORE, the Parties STIPULATE and agree as follows:

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2

Stipulation Continuing Initial Case Management Conference and [Proposed] Order
Case No. C 11-3794-CRB

Case3:11-cv-03794-CRB Document11 Filed01/26/12 Page3 of 4

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(1)

That the Initial Case Management Conference scheduled for February 3, 2012 at

8:30 a.m. be rescheduled to a date and time convenient to this Court on or after March 16, 2012;
and,
(2)

That all Rule 26 Meet and Confer deadlines be continued and re-calendared based

on the state of the rescheduled Initial Case Management Conference.
IT IS SO STIPULATED.

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DATED: January 26, 2012

SEYFARTH SHAW LLP

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By

\s\ Robb D. McFadden
William J. Dritsas
Catherine M. Dacre
Robb D. McFadden
Ari Hersher
Attorneys for Defendant
RED ROBIN INTERNATIONAL, INC.

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DATED: January 26, 2012

HOFFMAN EMPLOYMENT LAWYERS, LLC

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By
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\s\Leonard Emma
Michael Hoffman
Leonard Emma
Attorneys for Plaintiff
KEVIN McCONNELL

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Stipulation Continuing Initial Case Management Conference and [Proposed] Order
Case No. C 11-3794-CRB

Case3:11-cv-03794-CRB Document11 Filed01/26/12 Page4 of 4

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ORDER

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PURSUANT TO THE STIPULATION OF THE PARTIES, and finding good cause

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therein, IT IS HEREBY ORDERED that the:
Case Management Conference scheduled for February 3, 2012 at 8:30 a.m. be

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8:30 a.m on March 23
rescheduled to ________________________, 2012.

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Plaintiff’s counsel is to set up the conference call with all the parties on the line and call

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Plaintiff(s) is directed to serve a copy of this Order at once on all parties to this action in

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accordance with the provisions of Fed. R. Civ. P. 5 not enrolled in the e-filing program.

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Following service, the party causing the service shall file a certificate of service with the Clerk of

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Court.

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IT IS SO ORDERED.

S

JUDGE CHARLES R. BREYER

DERED

O OR
IT IS S

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January 27, 2012

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14133523v.1

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Stipulation Continuing Initial Case Management Conference and [Proposed] Order
Case No. C 11-3794-CRB