Worley v. Avanquest North America Inc

Filing 129

STIPULATION AND ORDER re 128 STIPULATED REQUEST FOR ORDER CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 3/25/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. (Case Management Statement due by 3/18/2014.) Signed by Judge William H. Orrick on 02/05/2014. (jmdS, COURT STAFF) (Filed on 2/5/2014)

1
2
3
4
5
6

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

7
8

N. KATHLEEN STRICKLAND (SBN 64816)
LAEL D. ANDARA (SBN 215416)
DEVIN C. COURTEAU (SBN 197505)
JUSTIN A. ZUCKER (SBN 284401)
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
AVANQUEST NORTH AMERICA INC.

15

Jay Edelson (Admitted Pro Hac Vice)
[e-mail]
Rafey S. Balabanian (Admitted Pro Hac Vice)
[e-mail]
Benjamin H. Richman (Admitted Pro Hac Vice)
[e-mail]
Chandler R. Givens (Admitted Pro Hac Vice)
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]

16

[Additional counsel included in signature block.]

9
10
11
12
13
14

17

Attorneys for Plaintiffs and the Putative Class
UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA

19

SAN FRANCISCO DIVISION

20
21

BENSON WORLEY, et al.
Plaintiff,

22
23
24

v.

CASE NO. 3:12-CV-04391-WHO
STIPULATED REQUEST FOR ORDER
CONTINUING FURTHER CASE
MANAGEMENT CONFERENCE; AND
ORDER

AVANQUEST NORTH AMERICA INC.,
Defendant.

25
26

Date:
Time:
Judge:
Ctrm.:

February 11, 2014
2:00 p.m.
Hon. William H. Orrick
2 (17th Floor)

27
28
RC1/7299262.5/AN3

-1-

STIPULATED REQUEST CONTINUING CMC
AND ORDER
3:12-CV-04391-WHO

1

Pursuant to Local Rules 6-1, 6-2, 7-12, plaintiffs Benson Worley and Johnny Boyd

2

(“Plaintiffs”) and defendant, Avanquest North America Inc. (“Avanquest”) (“collectively,

3

“Parties”), by and through their undersigned counsel, submit this Stipulated Request for Order

4

Continuing Further Case Management Conference; and [proposed] Order.

5
6

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

7
8
9
10
11

WHEREAS, the Parties previously stipulated to extend the time of Initial Case
Management Conference and it was held on October 1, 2013 (Doc Nos. 26; 51; 67; 86);
WHEREAS, by Order entered October 1, 2013, the Court set a Further Case Management
Conference for February 11, 2014 at 2:00 p.m. (Dkt. No. 110);
WHEREAS, on November 14, 2013, the Parties presented the Court with a Joint
Statement Regarding Discovery Disputes (Dkt. No. 116);
WHEREAS, on November 19, 2013, the Court issued an Order referring this case to a

12

magistrate judge for discovery purposes, including consideration of the Parties’ Joint Statement

13

Regarding Discovery Disputes, and thereafter the case was assigned to Magistrate Judge Laurel

14

Beeler on November 21, 2013 (Dkt. Nos. 117; 118);

15

WHEREAS, on December 12, 2013, the Parties presented oral argument at the hearing on

16

their Joint Statement Regarding Discovery Disputes and Judge Beeler issued a ruling on the same

17

on December 13, 2013 (Dkt. No. 123);

18

WHEREAS, the Parties have been proceeding with discovery in light of Judge Beeler’s

19

December 13th Order (and otherwise), including engaging in an ongoing meet and confer process

20

to address various issues related to their respective discovery responses and productions of

21

documents and tangible things in light of the Court’s ruling on the Joint Statement Regarding

22

Discovery Disputes;

23

WHEREAS, the Parties believe good cause exists and that it is in the Court and their best

24

interest to continue the scheduled Further Case Management Conference from February 11, 2014,

25

to March 18, 2014, or such other date convenient for the Court, to allow the Parties time to

26

complete the meet and confer process, at which point they will be able to better inform the Court

27

as to the status of ongoing discovery and related issues;

28

WHEREAS, Local Rule 6-1(b) mandates that the Parties may stipulate in writing to the
RC1/7299262.5/AN3

-2-

STIPULATED REQUEST CONTINUING CMC
AND ORDER
3:12-CV-04391-WHO

1

Court “for any enlargement . . . of time that alters an event or deadline already fixed by Court

2

order.” Local Rule 6-1(b);

3

WHEREAS, the Parties are not aware of any date fixed by Court order that will be altered

4

by the instant stipulation, absent the Court’s execution of this Proposed Order (which would

5

modify the deadline to file a Joint Case Management Statement and the Further Case

6

Management Conference);

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

7

WHEREAS, good cause exists to grant the Parties’ Stipulated Request.

8

NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE:

9

1.

The Further Case Management Conference shall be continued from February 11,

10

2014 at 2:00 p.m. to March 18, 2014 at 2:00 p.m., or such other date and time that is convenient

11

for the Court.

12

IT IS SO STIPULATED.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RC1/7299262.5/AN3

-3-

STIPULATED REQUEST CONTINUING CMC
AND ORDER
3:12-CV-04391-WHO

1

Dated: February 4, 2014

BENSON WORLEY and JOHNNY BOYD,
individually and on behalf of all others similarly situated,

2
3
By: /s/ Benjamin H. Richman
One of Plaintiffs’ Attorneys

4
5

Jay Edelson (Admitted Pro Hac Vice)
[e-mail]
Rafey S. Balabanian (Admitted Pro Hac Vice)
[e-mail]
Benjamin H. Richman (Admitted Pro Hac Vice)
[e-mail]
Chandler R. Givens (Admitted Pro Hac Vice)
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]

6

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

7
8
9
10
11
12

Mark S. Eisen (SBN 289009)
[e-mail]
EDELSON PC
555 West Fifth Street, 31st Floor
Los Angeles, California 90013
Tel: [phone]
Fax: [phone]

13
14
15
16

Dated: February 4, 2014

AVANQUEST NORTH AMERICA INC.,

17
18

By: /s/ N. Kathleen Strickland
One of Defendant’s Attorneys

19

N. KATHLEEN STRICKLAND
[e-mail]
LAEL D. ANDARA
[e-mail]
DEVIN C. COURTEAU
[e-mail]
JUSTIN A. ZUCKER
[e-mail]
ROPERS, MAJESKI, KOHN & BENTLEY
1001 Marshall Street, Suite 500
Redwood City, CA 94063-2052
Phone: [phone]
Facsimile: [phone]

20
21
22
23
24
25
26
27
28
RC1/7299262.5/AN3

-4-

STIPULATED REQUEST CONTINUING CMC
AND ORDER
3:12-CV-04391-WHO

1
2

ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)
I, N. Kathleen Strickland, am the ECF user whose identification and password are being

3

used to file the foregoing Stipulated Request for Order Continuing Case Management Conference

4

and [proposed] Order. I hereby attest that the above-referenced signatory to this Stipulated

5

Request has concurred in this filing.

6

Dated: February 4, 2014

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

7

/s/ N. Kathleen Strickland
N. Kathleen Strickland

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RC1/7299262.5/AN3

-5-

STIPULATED REQUEST CONTINUING CMC
AND ORDER
3:12-CV-04391-WHO

1
2

ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED as modified:

3
4

The next Case Management Conference is set for March 25, 2014 at 2 p.m. in Courtroom 2. The
parties shall file a Joint Statement updating the status of the case by March 18, 2014.

5
6

A Professional Corporation
Redwood City

Ropers Majeski Kohn & Bentley

7

Entered: February 5, 2014

___________________________________
HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RC1/7299262.5/AN3

-6-

STIPULATED REQUEST CONTINUING CMC
AND ORDER
3:12-CV-04391-WHO