Houghtailing v. Frito-Lay North America, Inc. et al

Filing 22

STIPULATION AND ORDER to Continue Further Case Management Conference re 21 : Case Management Statement due by 6/4/2012. Further Case Management Conference set for 6/11/2012 at 1:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 04/09/2012. (tmi, COURT STAFF) (Filed on 4/10/2012)

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1 DuCHARME & COHEN JAMES A. DuCHARME, ESQ., SBN 61002 2 E-MAIL: jducharme@pacbell.net 450 Taraval Street, P.M.B. 317 3 San Francisco, CA 94116-2530 Telephone: 415.495.4171 4 Facsimile: 888.668.4170 5 Attorneys for Plaintiff JESSE HOUGHTAILING 6 VILLARREAL HUTNER & TODD PC 7 TRACY S. TODD, ESQ., SBN 172884 E-Mail: ttodd@vhattorneys.com 8 JULIE WONG, ESQ., SBN 247342 E-Mail: jwong@vhtattorneys.com 9 575 Market Street, Suite 300 San Francisco, California 94105 10 Telephone: 415.543.4200 Facsimile: 415.512.7674 11 Attorneys for Defendants 12 FRITO-LAY NORTH AMERICA, INC. and PEPSICO, INC. 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 16 17 JESSE HOUGHTAILING, 18 19 Plaintiff, v. 20 FRITO-LAY NORTH AMERICA, INC., and PEPSICO, INC., AND DOES 1 TO 100, 21 inclusive, 22 23 Defendants. 24 CASE NO. 3:11-cv-05062-TEH Judge: Hon. Thelton E. Henderson STIPULATION AND REQUEST TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER GRANTING CONTINUANCE Action Filed: August 24, 2011 Removal Filed: October 14, 2011 Trial Date: None Set 25 26 27 28 {100011275} CASE NO. 3:11-cv-05062-TEH STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 TO THIS HONORABLE COURT: 2 Plaintiff Jesse Houghtailing (hereinafter "Plaintiff"), by and through his counsel, and 3 Defendants Frito-Lay North America, Inc. and Pepsico, Inc. ("Defendants"), by and through their 4 counsel, do hereby agree, stipulate, and respectfully request as follows: 5 1. WHEREAS, the further case management conference in this case is currently 6 scheduled for Monday, April 30, 2012 at 1:30 p.m., before the Court; 7 2. WHEREAS, Defendants subpoenaed Plaintiff's medical records on or about 8 February 24, 2012 for production on March 23, 2012; 9 3. WHEREAS, Defendants have not received the entirety of the subpoenaed 10 documents to date; 11 4. WHEREAS, the parties have agreed and Defendant Frito-Lay North America, Inc. 12 has noticed Plaintiff's deposition for May 10, 2012. The parties tried, but were unable to agree to 13 an earlier date due to scheduling conflicts; 14 5. WHEREAS, the parties believe that it would be most productive to conduct the 15 further case management conference after Defendant has deposed Plaintiff; 16 6. WHEREAS Plaintiff and his counsel have another case before this Court, Jesse 17 Houghtailing v. Crown Equipment Corp., Case Number 311-cv-05040-TEH, and the further case 18 management conference for that matter is also currently scheduled for April 30, 2012 at 1:30 p.m.; 19 and 20 7. WHEREAS counsel for Crown Equipment also agrees to a continuance of the 21 further case management conference because it too has discovery that is currently outstanding; 22 8. THE PARTIES HEREBY STIPULATE to continue the currently scheduled further 23 case management conference from April 30, 2012 until June 11, 2012. The parties are also 24 available for a further case management conference on June 4, 2012. 25 // 26 // 27 // 28 {100011275} CASE NO. 3:11-cv-05062-TEH -1STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 IT IS SO STIPULATED. 2 Dated: April 5, 2012 DuCHARME & COHEN 3 4 /s/ James A. DuCharme JAMES A. DuCHARME By 5 Attorneys for Plaintiff JESSE HOUGHTAILING 6 7 8 Dated: April 6, 2012 9 VILLARREAL HUTNER & TODD PC /s/ Julie Wong TRACY S. TODD JULIE WONG By 10 11 Attorneys for Defendants FRITO-LAY NORTH AMERICA, INC. and PEPSICO, INC. 12 13 14 15 ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING: I attest that concurrence in the filing of this document by the signatory James A. 16 17 Du Charme, has been obtained, and that a record of the concurrence shall be maintained by 18 Villarreal Hutner & Todd PC. I declare under penalty of perjury pursuant to the laws of the United States of 19 20 America that the foregoing is true and correct. Executed at San Francisco, California this 6th day of April, 2012. 21 22 23 /s/ Julie Wong 24 JULIE WONG 25 26 27 28 {100011275} CASE NO. 3:11-cv-05062-TEH -2STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 [PROPOSED] ORDER 2 3 4 5 Having considered the foregoing stipulation of the parties, the Court orders the further case management conference in the instant matter, Houghtailing v. Frito-Lay North America, Inc., et al., case number 3:11-cv-05062-TEH, continued to June 11, 2012, at 1:30 p.m. in Courtroom 12. The parties shall meet and confer and file a joint case management conference statement on or before June 4, 2012. 6 IT IS SO ORDERED. 7 S April 9 Dated: _________________, 2012 RT U O Jud H ER 14 15 FO on E. H ge Thelt RT 13 n enderso NO 12 LI 11 R NIA ERED O ORD D IT IS S ___________________________________ ODIFIE AS ME. HENDERSON HON. THELTON 10 A 9 S DISTRICT TE C TA UNIT ED 8 N F D IS T IC T O R C 16 17 18 19 20 21 22 23 24 25 26 27 28 {100011275} CASE NO. 3:11-cv-05062-TEH -3STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE

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