U.S. Equal Employment Opportunity Commission v. McKinney-Griff, Inc. et al

Filing 33

STIPULATION AND ORDER RE 32 TO CONTINUE CASE MANAGEMENT CONFERENCE. Case Management Conference set for 5/10/2012 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 2/23/12. (cl, COURT STAFF) (Filed on 2/23/2012)

*E-Filed 2/23/12*
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(Counsel Listed on Next Page)

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UNITED STATES DISTRICT COURT FOR

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THE NORTHERN DISTRICT OF CALIFORNIA

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U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,

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vs.
McKINNEY GRIFF, INC. et al
Defendants.

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Stip.and [Proposed] Order to Continue Dates
Case No.: 3:11-cv-04468-RS
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Case No.: 3:11-cv-04468-RS

STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
Date: March 8, 2012
Time: 10:00 a.m.
Judge: Hon. Richard Seeborg

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WILLIAM R. TAMAYO, SBN 084965 (CA)
JONATHAN T. PECK, SBN 12303 (VA)
MARCIA L. MITCHELL, SBN 18122 (WA)
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Francisco District Office
350 The Embarcadero, Suite 500
San Francisco, CA 94105
Telephone No.: [phone]
Fax No.: [phone]
[e-mail]
Attorneys for Plaintiff EEOC
JINNY KIM, State Bar No. 208953
TAMIKA L. BUTLER, State Bar No. 269576
The LEGAL AID SOCIETY –
EMPLOYMENT LAW CENTER
180 Montgomery Street, Suite 600
San Francisco, CA 94104
Telephone: [phone]
Fax No.: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Plaintiff-Intervenor
PAUL V. SIMPSON, State Bar No. 83878
KENDALL, M. BURTON, State Bar No. 228720
SIMPSON, GARRITY, INNES & JACUZZI
601 Gateway Blvd, Suite 950
South San Francisco, CA 94080
Telephone: [phone]
Fax No.: [phone]
Emails: [e-mail]
[e-mail]
Attorneys for Defendants

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Stip.and [Proposed] Order to Continue Dates
Case No.: 3:11-cv-04468-RS
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IT IS HEREBY STIPULATED by and between Plaintiff, U.S. Equal Employment

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Opportunity Commission, Plaintiff-Intervenor, Jerry Gallon, and Defendants, McKinney-Griff,

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Inc. dba Merritt Restaurant & Bakery, The Merritt Restaurant, Inc., Merritt Bakery Café, LLC

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dba Merritt Restaurant & Bakery, (collectively, “the Parties”), through their respective counsel

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of record, as follows:

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WHEREAS, the Parties are in communication and are engaging in early settlement
discussions in an effort to resolve this lawsuit;
WHEREAS, Defendants have represented to Plaintiff and Plaintiff-Intervenor that their

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financial condition is precarious and they are trying to keep the costs of litigation to a minimum;
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WHEREAS, the Parties would like to avoid the expense and inconvenience of litigating
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this case at the same time the parties are negotiating settlement;
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WHEREAS, the Parties intend to submit a stipulation to the Court seeking a referral to
the ADR program;
THEREFORE, the Parties stipulate to and respectfully request a two-month continuance

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of the Case Management Conference from March 8, 2012 to May 10, 2012; the Joint Case

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Management Statement would be due on May 3, 2012. The Parties will use the intervening

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period to negotiate in good faith to try to resolve the lawsuit and utilize the court’s ADR

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program.

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***signatures on following page***

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Stip.and [Proposed] Order to Continue Dates
Case No.: 3:11-cv-04468-RS
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Respectfully submitted,

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Dated: February 23, 2012

//s// Jinny Kim
JINNY KIM
Attorney for Jerry Gallon

Dated: February 23, 2012

//s// Jonathan Peck
JONATHAN PECK
Attorney for Plaintiff EEOC

Dated: February 22, 2012

//s// Kendall Burton
Kendall Burton
Attorney for Defendants

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E-filing concurrence: I, Jinny Kim, attorney for Plaintiff-Intervenor Jerry Gallon, attest

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that I have obtained the concurrence of Jonathan Peck, attorney for Plaintiff EEOC, and Kendall

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Burton, attorney for Defendants, for the filing of this pleading.

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Dated:

February 23, 2012

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/S/ Jinny Kim
JINNY KIM

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Stip.and [Proposed] Order to Continue Dates
Case No.: 3:11-cv-04468-RS
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[PROPOSED] ORDER

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For good cause shown and pursuant to the Stipulation of the Parties, it is hereby ordered

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that the Case Management Conference will be continued for two-months and shall be held on

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May 10, 2012 in the event that the parties are not able to successfully settle the case. The parties

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shall file a Joint Case Management Conference Statement at least one week prior to the

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Conference.
IT IS SO ORDERED.

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Dated: February __, 2012
____________________________________
RICHARD SEEBORG
United States District Court Judge

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Stip.and [Proposed] Order to Continue Dates
Case No.: 3:11-cv-04468-RS
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