Hubbard et al v. Wenner Media LLC

Filing 64

STIPULATION AND ORDER re 63 TO RESET DATES OF INITIAL CASE MANAGEMENT CONFERENCE AND ARGUMENT ON MOTION filed by Jasmine Hubbard, Marvel Mills and DEFENDANT'S MOTION TO DISMISS. Case Management Statement due by 10/26/2012. Case Manag ement Conference set for 11/2/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 11/2/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 8/7/12. (bpf, COURT STAFF) (Filed on 8/7/2012)

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 (“Defendant’s Motion”). Defendant’s Motion has been fully briefed and
28

oral argument was originally 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 by plaintiffs from certain non-party entities would maximize the Parties ability to
5 engage in 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.
9

4.

The Parties again stipulated to move the hearing date on Defendant’s Motion from

10 April 20, 2012 to August 17, 2012. (Dkt. 57.)
11

5.

Additionally, the Parties have agreed and stipulated to reschedule the settlement

12 conference date twice, first from May 2, 2012 to July 25, 2012 (see dkt. 59), and again from July
13 25, 2012 to November 13, 2012. (Dkt. 61.) The Parties agreed to reschedule the settlement
14 conference to November 13 due to unexpected delays in the third-party discovery process. (See
15 Dkt. 61.)
16

6.

The Parties believe that rescheduling the Case Management Conference and

17 hearing date on Defendant’s Motion would be in the best interests of judicial efficiency and
18 economy.
19

7.

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

20 including the obligation to file a Joint Case Management Statement in advance of the Case
21 Management Conference currently scheduled for August 24, 2012 at 9:00 a.m.
22

a.

The Initial Case Management Conference scheduled for Friday, August 24,

23 2012 shall be continued to Friday, November 2, 2012 at 9:00 a.m. in Courtroom 5, 17th Floor, 450
24 Golden Gate Avenue, San Francisco, California, or as soon thereafter as is convenient for the
25 Court.
26

b.

Oral argument on Defendant’s Motion shall be continued to the same date

27 and time as the Initial Case Management Conference, or as soon thereafter as is convenient for the
28

Court.
2
STIPULATION
Case No. C 11-4648-EMC

1

c.

The August 17, 2012 deadline for the Parties to file a Joint Case

2 Management Statement shall be continued to October 26, 2012.
3

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

4 Parties filed a joint stipulation to extend the time for Defendant to answer, move or otherwise
5 respond to the Complaint, and the Court so ordered on November 9, 2011. On February 10, 2012,
6 the Parties filed a stipulation and proposed order to reset the Case Management Conference and
7 oral argument on Defendant’s Motion, which the Court so ordered on February 13, 2012. On
8 April 9, 2012, the Parties filed a stipulation and proposed order to reset the Case Management
9 Conference and oral argument on Defendant’s Motion, which the Court so ordered on April 10,
10 2012. No trial date has been set, so this extension will not require that a trial date be rescheduled,
11 but it will require that the Initial Case Management Conference and related deadlines be
12 rescheduled, as set forth supra.
13

IT IS SO STIPULATED.

14

DATED this 3rd day of August 2012.

15 EDELSON MCGUIRE LLP

DAVIS WRIGHT TREMAINE LLP

16
By:__/s/ Sean Reis_________________
By:_/s/ Thomas R. Burke______
Sean Reis
Thomas R. Burke
30021 Tomas Street, Suite 300
505 Montgomery Street, Suite 800
18
Rancho Santa Margarita, CA 92688
San Francisco, CA 94111-6533
Phone: [phone]
Phone: [phone]
19
Attorneys for Jasmine Hubbard and Marvel
Attorneys for Wenner Media LLC
Mills
20
ORDER
21
Pursuant to stipulation, the foregoing is approved and IT IS SO ORDERED.
22
IT IS FURTHER ORDERED that the April 20, 2012 Initial Case Management Conference
23
1:30 p.m.
shall be rescheduled to Friday, November 2, 2012, at 9:00 a.m. in Courtroom 5, 17th Floor, 450
24
Golden Gate Avenue, San Francisco, California. A joint CMC Statement shall be filed by
25
October 26, 2012. Defendant's motion
IT IS SO ORDERED.
to dismiss will be heard on November 2,
26
7
2012 at 1:30 p.m.
DATED: August ___, 2012
S DISTRICT
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TA __________________________________________
THE DERED
HONORABLE EDWARD M. CHEN
28
SO OR
IS UNITED STATES DISTRICT COURT JUDGE
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STIPULATION
Case No. C 11-4648-EMC

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