Equal Employment Opportunity Commission v. United Parcel Service Inc.

Filing 19

ORDER GRANTING AS AMENDED 18 Stipulation to Continue Case Management Dates and Conference. Case Management Statement due by 3/15/2013. Case Management Conference set for 3/29/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Signed by Judge Jeffrey S. White on January 16, 2013. (jswlc3, COURT STAFF) (Filed on 1/16/2013)

Case3:12-cv-04723-JSW Document18 Filed01/15/13 Page1 of 3

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WILLIAM R. TAMAYO -- #084965 (CA)
JONATHAN T. PECK -- #12303 (VA)
CINDY O'HARA -- #114555 (CA)
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
San Francisco District Office
350 The Embarcadero, Suite 500
San Francisco, California 94105-1260
Telephone: [phone]

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11 EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
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Plaintiff,
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v.
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UNITED PARCEL SERVICE, INC.,
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Defendant.
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Civil Action No. CV-12-04723 JSW
STIPULATION AND REQUEST TO
CONTINUE CASE MANAGEMENT
DATES; DECLARATION OF CINDY
O’HARA;
[proposed]
ORDER AS AMENDED

STIPULATION AND REQUEST
The parties to this matter, by and through their counsel of record, hereby

19 stipulate and request that the case management dates currently in effect in this case be
20 continued for six weeks, to allow for the intervention of Talal Alfaour, who is the
21 charging party on whose behalf Plaintiff Equal Employment Opportunity Commission
22 (EEOC) filed its complaint. This request is made on the basis that Mr. Alfaour has
23 retained his own counsel who has informed Plaintiff EEOC that he intends to intervene
24 in the case, but needs the additional time to do so, and the parties believe that the best
25 and most efficient use of resources will be for all parties to have appeared in the case
26 prior to the filing of the joint case management statement and exchange of initial
27 disclosures (both currently due on January 25, 2013) and the case management
28 conference (currently set for February 1, 2013). This request is supported by the

STIPULATION AND REQUEST TO CONTINUE CASE MANAGEMENT DATES; DECLARATION OF CINDY O’HARA; ORDER

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Case3:12-cv-04723-JSW Document18 Filed01/15/13 Page2 of 3

1 attached Declaration of Cindy O’Hara.
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The parties therefore request that the January 25, 2013 joint case management

3 statement and initial disclosure date be continued to March 8, 2013 and the case
4 management conference date be continued to March 15, 2013.
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It is so stipulated.

6 E-filing concurrence: I, Cindy O’Hara, certify that I have obtained the concurrence of
7 Brian Chun, as counsel for Defendant, for the filing of this stipulation.
8 Dated: January 15, 2013

EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION

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/S/
Cindy O’Hara
Counsel for Plaintiff EEOC

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12 Dated: January 15, 2013

LAFAYETTE & KUMAGAI

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/S/
Brian Chun
Counsel for Defendant United Parcel
Service, Inc.

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DECLARATION OF CINDY O’HARA

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I, Cindy O’Hara, declare:

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1.

I am an attorney at law, licensed to practice in the State of California, a

19 senior trial attorney with Plaintiff EEOC, and an attorney of record for Plaintiff EEOC in
20 the above captioned case.
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2.

I have been informed by attorney Andrew Agtagma, and Charging Party

22 Talal Alfaour, on whose behalf Plaintiff EEOC filed the instant action, that Mr. Agtagma
23 is representing Mr. Alfaour, and intends to request to intervene in this case. As Section
24 2000e-5(f)(1) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §706(f)(1), provides
25 that a charging party has a right to intervene in a case filed by the EEOC under Title VII,
26 I presume that such intervention request will be successful.
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3.

On January 11, 2013, counsel for Defendant United Parcel Service, Inc. and

28 I conferred and agreed that it would be to the benefit of the parties and the Court to

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1 request to continue the current case management dates until after Mr. Alfaour has the
2 opportunity to intervene in the case.
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4.

On January 14, 2013, I spoke with Mr. Alfaour’s counsel, Mr. Agtagma,

4 who informed me that he intends to request intervention in this matter within the next
5 thirty (30) days.
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The parties are therefore requesting that the case management dates be

7 continue for six (6) weeks, to allow Mr. Alfaour to intervene, so that all parties will be
8 present to prepare the joint case management statement, participate in initial
9 disclosures, and participate in the case management conference.
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I declare under penalty of perjury that the foregoing is true and correct.

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Executed this 15th day of January, 2013, at San Francisco, California.

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/S/

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Cindy O’Hara

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ORDER
The parties having stipulated, and good cause appearing therefore,

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IT IS HEREBY ORDERED that the date for the case management conference is
March 29, 2013 at 1:30 p.m.
18 continued six (6) weeks, from February 1, 2013, to March 15, 2013. The corresponding
19 date for initial disclosures and filing of the joint case management statement is
20 continued from January 25, 2013 to March 8, 2013.
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March 15, 2013

IT IS SO ORDERED.

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23 Dated: January 16, 2013

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United States District Court Judge

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STIPULATION AND REQUEST TO CONTINUE CASE MANAGEMENT DATES; DECLARATION OF CINDY O’HARA; ORDER

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