Misa v. Pape Group, Inc. et al

Filing 24

ORDER granting 23 STIPULATION WITH PROPOSED ORDER STIPULATED REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND DEFENDANTS MOTION TO STRIKE; REQUEST BY PLAINTIFF FOR TELEPHONIC APPEARANCE filed by Pape Material Handling, et al. Res et Hearing as to 12 MOTION to Strike 10 Jury Demand DEFENDANTS NOTICE OF MOTION TO STRIKE REQUEST FOR JURY TRIAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 81(C). Motion Hearing/Case Management Conference reset for 1/25/2013 10:00 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 1/10/2013. (beS, COURT STAFF) (Filed on 1/10/2013)

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STEPHEN C. TEDESCO, Bar No. 130325
ALISON CUBRE, Bar No. 257834
ALEXIS A. SOHRAKOFF, Bar No. 273410
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone:
415.433.1940
Email: [e-mail]
[e-mail]
[e-mail]

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GREGORY G. ISKANDER, Bar No. 200215
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Telephone:
925.932.2468
Fax No.:
925.946.9809
Email: [e-mail]
Attorneys for Defendants
THE PAPÉ GROUP, INC., PAPÉ
MATERIAL HANDLING, INC. AND MIKE
TEXTER

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Additional Counsel of Record listed on
following page.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
CARLITO MISA,

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Case No. 12-CV-4934 CRB
Plaintiff,

v.
THE PAPÉ GROUP, INC., PAPÉ
MATERIAL HANDLING, INC., MIKE
TEXTER, and DOES 1 through 100,
Defendants.

STIPULATED REQUEST TO CONTINUE
INITIAL CASE MANAGEMENT
CONFERENCE AND DEFENDANTS’
MOTION TO STRIKE REQUEST FOR
JURY TRIAL PURSUANT TO FEDERAL
RULE OF CIVIL PROCEDURE 81(C);
REQUEST BY PLAINTIFF FOR
TELEPHONIC APPEARANCE AT
INITIAL CASE MANAGEMENT
CONFERENCE; ORDER
Current Hearing Date: January 18, 2013
Proposed Hearing Date: January 25, 2013
Complaint Filed:

August 22, 2012

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

CASE NO. 12- CV-4934 CRB
Stipulated Request To Continue Initial Case Management Conference; Hearing On Defendant's Motion To Strike; &
Request By Plaintiff For Telephonic Appearance; [Proposed] Order

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PETER R. DION-KINDEM (SBN 95267)
THE DION-KINDEM LAW FIRM
PETER R. DION-KINDEM, P. C.
21550 Oxnard Street, Suite 900
Woodland Hills, CA 91367
Telephone: [phone]
Fax:
[phone]
Email:
[e-mail]
LONNIE C. BLANCHARD, III (SBN 93530)
JEFFREY D. HOLMES (SBN 100891)
THE BLANCHARD LAW GROUP, APC
3311 East Pico Boulevard
Los Angeles, CA 90023
Telephone:
[phone]
Fax:
[phone]
Attorneys For Plaintiff
CARLITO MISA

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

CASE NO. 12-CV-4934 CRB
Stipulated Request To Continue Initial Case Management Conference; Hearing On Def's Motion To Strike; & Request
By Plaintiff For Telephonic Appearance; [Proposed] Order

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Defendants The Pape Group, Inc., Pape Material Handling, Inc., and Mike Texter

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(collectively “Defendants”) and Plaintiff Carlito Misa (“Plaintiff”) (collectively “Parties”), hereby

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stipulate and request as follows:

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On January 4, 2013, the parties requested the initial Case Management Conference be
continued from Friday, January 11, 2013 at 8:30 a.m. until Friday, January 25, 2013 at 8:30 a.m.

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On January 7, 2013, the Court issued an Order continuing the Case Management Conference

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to Friday, January 25, 2013 at 8:30 a.m. but issued a notice continuing the hearing to Friday, January

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18, 2013 at 10:00 a.m.

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On January 8, 2013, the Court issued an Amended Order continuing the hearing to Friday,

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January 18, 2013 at 10:00 a.m., consistent with the notice issued on January 7, 2013. Under the

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Northern District of California, Local Rule 16-10, lead trial counsel must attend the initial case

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management conference. However Defendants’ lead trial counsel, Gregory G. Iskander and Stephen

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Tedesco, will be unable to attend the Case Management Conference scheduled on Friday, January

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18, 2013.

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Also pending on January 18, 2013 at 10:00 a.m. is Defendants’ Motion to Strike Request for

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Jury Trial Pursuant to Federal Rule of Civil Procedure 81(c) (“Motion to Strike”). Defendants’

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Motion to Strike is unopposed. Should oral argument be necessary, Defendants’ counsel, Alison

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Cubre, will argue the motion.

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Given the unavailability of Defendants’ lead trial counsel on Friday, January 18, 2013, the

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parties have agreed to continue, subject to the Court’s approval, the initial Case Management

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Conference to Friday, January 25, 2013 at 10:00 a.m. in order for lead trial counsel to appear

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pursuant to the Local Rules. For the convenience of this Court and the parties, the parties have also

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agreed to continue, subject to the Court’s approval, Defendants’ Motion to Strike to Friday,

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January 25, 2013 at 10:00 a.m.

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Plaintiff’s lead trial counsel, Peter Dion-Kindem, requests to appear telephonically at the

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initial Case Management Conference and Motion to Strike hearing because he presently resides in

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the greater Los Angeles area and the cost and expense to appear in person at the Case Management

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

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CASE NO. 12- CV-4934 CRB

Stipulated Request To Continue Initial Case Management Conference; Hearing On Defendant's Motion To Strike; &
Request By Plaintiff For Telephonic Appearance; [Proposed] Order

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Conference and Motion to Strike hearing would be significant. Defendants do not oppose Plaintiff’s

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counsel’s request to appear telephonically.

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IT IS SO STIPULATED.

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I, the filer of this document attest that all other signatories listed, and on whose behalf the

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filing is submitted, concur in the filing’s content and have authorized the filing.

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Dated: January 8, 2013

/s/ Gregory G. Iskander
STEPHEN C. TEDESCO
GREGORY G. ISKANDER
ALISON CUBRE
ALEXIS A. SOHRAKOFF
LITTLER MENDELSON, P.C.

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Respectfully submitted,

Dated: January 8, 2013

Attorneys for Defendants
THE PAPÉ GROUP, INC., PAPÉ
MATERIAL HANDLING, INC. AND MIKE
TEXTER
Respectfully submitted,

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/s/ Peter R. Dion-Kindem
PETER R. DION-KINDEM
THE DION-KINDEM LAW FIRM
PETER R. DION-KINDEM, P. C.
ATTORNEYS FOR PLAINTIFF
CARLITO MISA

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

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CASE NO. 12-CV-4934 CRB

Stipulated Request To Continue Initial Case Management Conference; Hearing On Defendant's Motion To Strike; &
Request By Plaintiff For Telephonic Appearance; [Proposed] Order

ORDER

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For good cause, the parties’ request to continue the initial Case Management Conference and

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hearing on Defendants’ Motion to Strike Request for Jury Trial Pursuant to Federal Rule of Civil

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Procedure 81(c) from Friday, January 18, 2013, to Friday, January 25, 2013 at 10:00 a.m. is

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GRANTED.

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Further, the request by Plaintiff’s lead trial counsel, Peter Dion-Kindem, to appear

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telephonically at the Case Management Conference and Motion to Strike hearing is GRANTED.

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IT IS SO ORDERED.

harle
Judge C

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IT IS S

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HONORABLE CHARLES R. BREYER
DERED

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UNIT
ED

Dated: January 10, 2013

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA
94108.2693
415.433.1940

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CASE NO. 12-CV-4934 CRB

Stipulated Request To Continue Initial Case Management Conference; Hearing On Defendant's Motion To Strike; &
Request By Plaintiff For Telephonic Appearance; [Proposed] Order