Hubbard et al v. Wenner Media LLC

Filing 58

STIPULATION AND ORDER re 57 STIPULATION WITH PROPOSED ORDER TO RESET DATES OF INITIAL CASE MANAGEMENT CONFERENCE AND ARGUMENT ON MOTION filed by Jasmine Hubbard, Marvel Mills, 18 MOTION to Dismiss Or, In the Alternative, To Tra nsfer to the Southern District of New York filed by Wenner Media LLC Case Management Statement due by 8/17/2012. Case Management Conference set for 8/24/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 4/10/12. (bpf, COURT STAFF) (Filed on 4/10/2012)

Sean Reis (SBN 184004)
1 [e-mail]
Edelson McGuire, LLP
2 30021 Tomas Street, Suite 300
Rancho Santa Margarita, California 92688
3 Telephone: [phone]
4

Facsimile: [phone]

Ryan D. Andrews (admitted pro hac vice)
5 Edelson McGuire, LLC
350 North LaSalle Street, 13th Fl.
6 Chicago, Illinois 60654
Telephone: [phone]
7 Facsimile: (312) 589-26378
[e-mail]
8
9 Counsel for Plaintiffs
10

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

11
12

JASMINE HUBBARD AND MARVEL
13 MILLS, individually and on behalf of a class
of similarly situated individuals,
14
Plaintiffs,
15
vs.

16

17 WENNER MEDIA LLC, a Delaware limited
liability company
18
Defendant.
19
20

Case No. 3:11-cv-04648-EMC
STIPULATION AND [PROPOSED]
ORDER TO RESET DATES OF INITIAL
CASE MANAGEMENT CONFERENCE
AND ARGUMENT ON MOTION
Judge: Hon. Edward M. Chen

Pursuant to Civil Local Rules 6-1(b) and 6-2 of the United States District Court for the

21 Northern District of California and Rule 4 of Civil Standing Order – General of the Honorable
22 Edward M. Chen, it is hereby stipulated by and among Plaintiffs Jasmine Hubbard and Marvel
23 Mills and Defendant Wenner Media LLC (collectively the “Parties”), by and through their
24 respective counsel of record, as follows:
25

1.

Plaintiffs filed the Complaint in this case on September 20, 2011. On December 9,

26 2011, Defendant filed a Motion to Dismiss or, in the Alternative, to Transfer to the Southern
27 District of New York. The Motion has been fully briefed and oral argument was originally
28

scheduled for February 17, 2012.
1
STIPULATION
Case No. CV-11-04648 EMC

1

2.

The Parties wished to engage in settlement discussions, indicated a desire to

2 schedule an early settlement conference with a Magistrate Judge, and had an ADR phone
3 conference on February 14, 2012. In addition, the Parties had reason to believe that limited
4 discovery from certain non-party entities would maximize the Parties ability to engage in
5 meaningful settlement discussions.
6

3.

In consideration of this, the Parties stipulated to a Stay of sixty (60) days, which

7 this Court signed on February 13, 2012. (Dkt. 49.) During the stipulated period, the Parties
8 requested that this Court issue no decision on Defendant’s Motion to Dismiss, or, in the
9 Alternative, to Transfer to the Southern District of New York.
10

4.

After this Court signed the Parties’ stipulation to stay proceedings, Plaintiff issued

11 third-party subpoenas on several entities seeking information that would inform the Parties’
12 settlement conference.
13

5.

Despite Plaintiffs’ diligent efforts, they have not been able to obtain all of the

14 information necessary to have settlement discussions with Defendant by May 2, 2012 (the date
15 selected for a settlement conference with the Magistrate Judge) and believe more time is necessary
16 to obtain the information needed.
17

6.

As a result, the Parties have agreed and stipulated to reschedule the settlement

18 conference date from the currently scheduled date of May 2, 2012. The Parties are coordinating
19 with the Magistrate Judge for mutually-agreeable dates in late July to early August.
20

7.

The Parties believe that rescheduling the Case Management Conference and

21 hearing date on Defendant’s Motion to Dismiss, or, in the Alternative, Transfer to the Southern
22 District of New York, would be in the best interests of judicial efficiency and economy, as the
23 Parties may reach settlement in the interim. In addition, a ruling on Defendant’s Motion to
24 Dismiss may have the effect of disrupting settlement negotiations that are already ongoing.
25

8.

This stipulation would alter certain preliminary deadlines established by this Court,

26 including the obligation to file a Joint Case Management Statement in advance of the Case
27 Management Conference currently scheduled for April 20, 2012 at 9:00 a.m.
28
2
STIPULATION
Case No. C 11-4648-EMC

1

a.

The Initial Case Management Conference scheduled for Friday, April 20,

2 2012 shall be continued to Friday, August 17, 2012 at 9:00 a.m. in Courtroom 5, 17th Floor, 450
3 Golden Gate Avenue, San Francisco, California, or as soon thereafter as is convenient for the
4 Court.
5

b.

Oral argument on Defendant’s Motion to Dismiss, or, in the Alternative,

6 Transfer to the Southern District of New York shall be continued to the same date and time as the
7 Initial Case Management Conference, or as soon thereafter as is convenient for the Court.
8

c.

The April 13, 2012 deadline for the Parties to file a Joint Case Management

9 Statement shall be continued to August 10, 2012.
10

This is the third stipulated time modification in this case; on November 7, 2011, the Parties

11 filed a joint stipulation to extend the time for Defendant to answer, move or otherwise respond to
12 the Complaint, and the Court so ordered on November 9, 2011. On February 10, 2012, the Parties
13 filed a stipulation and proposed order to reset the Case Management Conference and oral
14 argument on Defendant’s Motion to Dismiss, or, in the Alternative, Transfer Venue to the
15 Southern District of New York, which the Court so ordered on February 13, 2012. No trial date
16 has been set, so this extension will not require that a trial date be rescheduled, but it will require
17 that the Initial Case Management Conference and related deadlines be rescheduled, as set forth
18 supra.
19

IT IS SO STIPULATED.

20

DATED this 9th day of April 2012.

21 EDELSON MCGUIRE LLP

DAVIS WRIGHT TREMAINE LLP

22
By:__ /s/ Sean Reis_________________
Sean Reis
30021 Tomas Street, Suite 300
24
Rancho Santa Margarita, CA 92688
Phone: [phone]
25
Attorneys for Jasmine Hubbard and Marvel
Mills
26

By:_ /s/ Thomas R. Burke______
Thomas R. Burke
505 Montgomery Street, Suite 800
San Francisco, CA 94111-6533
Phone: [phone]
Attorneys for Wenner Media LLC

23

27
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ORDER
3
STIPULATION
Case No. C 11-4648-EMC

1

Pursuant to stipulation, the foregoing is approved and IT IS SO ORDERED.

2

IT IS FURTHER ORDERED that the April 20, 2012 Initial Case Management Conference
and Defendant's motion to dismiss
3 shall be rescheduled to {
} at 9:00 a.m. in Courtroom 5, 17th Floor, 450 Golden Gate Avenue,
8/24
1:30 P.M.
4 San Francisco, California.
IT IS SO ORDERED.

10
6 DATED: April ___, 2012

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STIPULATION
Case No. C 11-4648-EMC

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