Piper v. AT&T Mobility LLC et al

Filing 16

ORDER Initial Case Management Conference set for 3/9/2012 02:30 PM. (tf, COURT STAFF) (Filed on 12/27/2011)

1

4

Joel R. Bryant, Esq. (State Bar No. 149370)
[e-mail]
GREEN BRYANT & FRENCH LLP
1230 Columbia Street, Suite 1120
San Diego, California 92101
Tel: [phone]
Fax: [phone]

5

Attorneys for Plaintiff, Natasha Piper

2
3

6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

NATASHA PIPER, an individual,

11

PLAINTIFF,

12

v.

13

AT&T MOBILITY SERVICES LLC, a
Delaware Limited Liability Company; and
DOES 1-100, jointly and severally,

14
15

DEFENDANTS.

)
)
)
)
)
)
)
)
)
)
)
)

CASE NO: CV11-04550-SI
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
Date: January 27, 2012
Time: 2:30 p.m.
Dept.: Courtroom 10
Judge: Honorable Susan Illston

16
17

Pursuant to the Court’s November 30, 2011 Order, a Case Management Conference in the

18

above referenced matter was scheduled for January 27, 2012. The Order further required the parties

19

to file a Joint Case Management Statement no later than January 20, 2012. For the reasons set forth

20

below, Plaintiff respectfully requests that the Court continue the Case Management Conference

21

scheduled for January 27, 2012 to March 16, 2012, at 2:30 p.m.

22

On October 6, 2011, counsel for AT&T Mobility Services LLC (“AT&T Mobility”) advised

23

Plaintiff’s counsel that none of the four Defendants named in the Complaint were proper parties to

24

this case, and further advised that, based on the allegations of the Complaint, the only entity which

25

should have been named as a Defendant was his client, AT&T Mobility. In reliance on those

26

representations, Plaintiff filed a First Amended Complaint on October 24, 2011, which removed

27

all prior Defendants, and named the new, current, Defendant AT&T Mobility. Said Defendant was

28

subsequently served on November 4, 2011 via Waiver of Service of Summons. On November 15,
-1Case No: CV11-04550-SI
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

1

2011 Plaintiff received the signed Waiver of Service from Defendant and filed the Proof of Service

2

with the Court. Defendant’s answer to the complaint is due on January 3, 2012, and Plaintiff does

3

not anticipate the Defendant will appear until that date.

4

This case is one of approximately 93 pending cases which Plaintiff’s counsel has filed

5

throughout the United States District Courts in California against Defendant AT&T Mobility on

6

behalf of current or former employees based on violations of the Fair Labor Standards Act.

7

Plaintiff’s counsel and counsel for Defendant AT&T Mobility have spoken numerous times

8

regarding the legal issues involved in this case (and the other pending AT&T Mobility cases),

9

including anticipated discovery, and are working together to handle these cases in the most efficient,

10
11

cost-effective manner.
Given that the new Defendant has not yet appeared, is not obligated to appear, and will not

12

appear prior to January 3, 2012,

13

Conference until March 16, 2012, would allow the only Defendant’s counsel to appear, and provide

14

both parties ample and reasonable time to Meet and Confer and prepare the Joint Case Management

15

Statement prior to the Case Management Conference.

16
17
18
19
20
21

Plaintiff believes that continuing the Case Management

NOW, THEREFORE, subject to the Court’s approval, Plaintiff, by and through her counsel
of record, respectfully asks the following:
1.

That the Case Management Conference be continued from January 27, 2012, at 2:30

p.m., to March 16, 2012, at 2:30 p.m.; and
2.

That the corresponding deadline to file the Joint Case Management Statement be

continued to March 9, 2012.

22
23
24
25
26

GREEN BRYANT & FRENCH, LLP
Dated: December 16, 2011

/s/ Joel R. Bryant
Joel R. Bryant, Esq.
[e-mail]
Attorney for Plaintiff
NATASHA PIPER

27
28
-2Case No: CV11-04550-SI
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

1

ORDER

2

IT IS ORDERED THAT:

3

1.

4
5
6

The Case Management Conference is continued from January 27, 2012, at 2:30

p.m., to ___________________;
3/9/12
2.

The deadline to file the Joint Case Management Statement is continued from

3/2/12
January 20, 2012, to _______________________.

7
8
9
10

12/23/11
Dated: __________________

______________________________
Honorable Susan Illston

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-3Case No: CV11-04550-SI
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE