Koehler v. Litehouse, Inc.

Filing 15

ORDER Initial Case Management Conference set for 10/5/12 is continued to 2/1/2013 02:30 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 8/31/12., Motions terminated: 14 STIPULATION WITH PROPOSED ORDER re 13 Clerks Notice, filed by Litehouse, Inc.. (tfS, COURT STAFF) (Filed on 9/5/2012)

1 Hayes F. Michel (SBN 141841)
[e-mail]
2 BAKER & HOSTETLER LLP
12100 Wilshire Boulevard, 15th Floor
3 Los Angeles, CA 90025
Telephone: [phone]
4 Facsimile: 310.820.8859
5 Joanne Lichtman (SBN 137300)
[e-mail]
6 Nicole A. Skolout (SBN 276726)
[e-mail]
7 BAKER & HOSTETLER LLP
555 South Flower St,, Suite 4200
8 Los Angeles, CA 90071
Telephone: [phone]
9 Facsimile: 310.820.8859
10 Attorneys for Defendant
LITEHOUSE, INC.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

14 GARRETT KOEHLER, as an individual, and on
behalf of all others similarly situated,
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Plaintiff,
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vs.
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LITEHOUSE, INC., an Idaho corporation,
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Defendants.
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Case No. 4:12-cv-04055-SI
Hon. Susan Illston
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE CASE MANAGEMENT
CONFERENCE AND RELATED DATES
[Declaration of Nicole A. Skolout filed
concurrently]

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES – CASE NO. 4:12-cv-04055-SI

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Plaintiff Garrett Koehler (“Plaintiff”) and Defendant Litehouse, Inc. (“Litehouse”), by and

2 through their respective counsel of record and pursuant to Civil L.R. 6-2 and 7-12, hereby stipulate as
3 follows:
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WHEREAS, on August 1, 2012, Plaintiff filed his initial Complaint in this matter (ECF No. 1);

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WHEREAS, on August 13, 2012, Plaintiff served Litehouse with the Complaint, resulting in an

6 initial response date of September 4, 2012;
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WHEREAS on August 22, 2012, the Parties filed a stipulation extending the time for Litehouse

8 to respond to the Complaint until October 4, 2012 (ECF No. 7);
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WHEREAS, on August 24, 2012, this case was reassigned to this Court for all purposes (ECF

10 No. 12);
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WHEREAS, on August 28, 2012, the Clerk issued a notice setting the Case Management

12 Conference for October 5, 2012 at 2:30 p.m. and a deadline of September 28, 2012 for the Parties to
13 submit the Joint Case Management Statement (ECF No. 13);
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WHEREAS, Litehouse intends to file a motion to dismiss the Complaint;

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WHEREAS, pursuant to Civil L.R. 7-2(a), the hearing on the motion to dismiss can be

16 scheduled no earlier than November 8, 2012;
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WHEREAS, the Parties are also engaging in preliminary discussions that may result in

18 settlement of this matter;
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WHEREAS, the Parties have agreed, subject to the Court’s approval, to continue the Initial

20 Case Management Conference, currently set for October 5, 2012 to February 1, 2013, or such other
21 later date as is convenient to the Court;
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WHEREAS, good cause exists to continue the Case Management Conference and related

23 deadlines since the Parties believe and agree that it will be most efficient and convenient for the Court
24 and the Parties to continue the Case Management Conference and related deadlines (including relevant
25 ADR deadlines) to allow for preliminary settlement discussions, and to the extent such discussions are
26 unsuccessful, to allow for full briefing, hearing and decision on Litehouse’s motion to dismiss;
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WHEREAS, this Stipulation is supported by the Declaration of Nicole A. Skolout, filed

28 concurrently herewith;
-1STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES – CASE NO. 4:12-cv-04055-SI

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED between Plaintiff and

2 Litehouse as follows:
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(1)

The deadline for the parties to conduct the Fed. R. Civ. P. Rule 26(f) conference, meet

4 and confer regarding ADR process selection, file the ADR Certification, and file either the Stipulation
5 to ADR Process or Notice of Need for ADR Phone Conference is continued to January 11, 2013;
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(2)

The Joint Case Management Statement is due January 25, 2013;

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(3)

The Initial Case Management Conference is reset for February 1, 2013 at 2:30 p.m.

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In accordance with General Order No. 45, Section X.B, the filer of this document hereby attests
that the concurrence to the filing of this document has been obtained from the other signatory hereto.

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Dated: August 30, 2012

LAW OFFICES OF HOWARD W. RUBINSTEIN, P.A.

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By:

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/s/ Benjamin M. Lopatin
Benjamin M. Lopatin
Attorneys for Plaintiff
GARRETT KOEHLER

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17 Dated: August 30, 2012

BAKER & HOSTETLER LLP

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By:

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/s/ Nicole A. Skolout
Nicole A. Skolout
Attorneys for Defendant
LITEHOUSE, INC.

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***

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ORDER

24 PURSUANT TO STIPULATION, IT IS SO ORDERED
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8/31
27 Dated: __________________, 2012
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_______________________________________
Hon. Susan Illston, District Court Judge

-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
AND RELATED DEADLINES – CASE NO. 4:12-cv-04055-SI