Seifi et al v. Mercedes-Benz USA, LLC

Filing 85

STIPULATION AND ORDER to Continue Case Management Conference. Further Case Management Conference set for 8/11/2014 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 07/09/2014. (tmi, COURT STAFF) (Filed on 7/9/2014)

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Troy M. Yoshino, No. 197850
Matthew J. Kemner, No. 188126
Chad A. Stegeman, No. 225745
CARROLL, BURDICK & McDONOUGH LLP
44 Montgomery Street, Suite 400
San Francisco, CA 94104
Telephone:
415.989.5900
Facsimile:
415.989.0932
Email:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
MERCEDES-BENZ USA, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MAJEED SEIFI AND TRACEY
DEAKIN, On Behalf Of Themselves
And All Others Similarly Situated

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Plaintiffs,
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v.
MERCEDES-BENZ USA, LLC,

No. 12-CV-05493 (TEH)
STIPULATED REQUEST TO CONTINUE CASE
MANAGEMENT CONFERENCE;
DECLARATION OF CHAD A. STEGEMAN IN
SUPPORT THEREOF; [PROPOSED] ORDER
[N.D. CAL. L.R. 6-2]

Defendant.

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CBMMERCEDES\SF632445-1

STIPULATION TO EXTEND TIME; STEGEMAN DECL. ISO SAME; [PROPOSED] ORDER

NO. 12-CV-05493 TEH

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By and through their respective counsel of record, Plaintiffs Majeed Seifi and

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Tracey Deakin, as individuals and on behalf of all others similarly situated, and Defendant

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Mercedes-Benz USA, LLC (“MBUSA”) stipulate and agree as follows:

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STIPULATED REQUEST FOR ORDER CHANGING TIME PURSUANT TO L.R. 6-2

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1.

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On July 7, 2014, a clerk’s notice reset the July 7, 2014 case management

conference to July 28, 2014. Dkt. 83.
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Due to scheduling conflicts of counsel with the July 28 hearing date as set forth

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in the accompanying Declaration of Chad A. Stegeman, on July 8, 2014, after consultation

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with counsel for plaintiffs, counsel for MBUSA contacted the Court to request availability

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for a reset hearing a week later, August 4, 2014. The Court clerk indicated the August 4

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date was not available, but that August 11 was available.

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3.

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parties.

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6.

An August 11, 2014 case management conference poses no conflict for the

Pursuant to prior stipulations between the parties, this Court has modified

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dates pursuant to the stipulation of the parties on four prior occasions. See Dkt. 8; Dkt.

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17; Dkt. 44; Dkt. 53. This Court also modified the briefing and hearing schedule on

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MBUSA’s Motion to Dismiss by its own order (see Dkt. 15; Dkt. 28, Dkt. 35-36) and

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reset the July 7, 2014 cases management conference. Dkt. 83.

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7.

Pursuant to N.D. Cal. Local R. 6-2, the parties seek approval of this stipulated

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request for an order changing time, as the agreement set forth herein affects a date fixed

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by Court order.

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As there are no other scheduled matters in this case, the requested time

modification would have no effect on the schedule for the case.

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Accordingly, the parties agree and stipulate that the case management conference

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currently set for Monday, July 28, 2014, should be continued to August 11, 2014, at 1:30

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p.m.

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IT IS SO STIPULATED.

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CBMMERCEDES\SF632445-1

-1STIPULATION TO EXTEND TIME; STEGEMAN DECL. ISO SAME; [PROPOSED] ORDER

NO. 12-CV-05493 TEH

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Dated: July 9, 2014

Respectfully submitted,
CARROLL, BURDICK & McDONOUGH LLP

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By

/s/
CHAD A. STEGEMAN
Attorneys for Defendant
Mercedes-Benz USA, LLC

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Dated: July 9, 2014

THE KATRIEL LAW FIRM, PLLC

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By
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/s/

ROY A. KATRIEL
Attorneys for Plaintiffs
Majeed Seifi and Tracey Deakin

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CBMMERCEDES\SF632445-1

-2STIPULATION TO EXTEND TIME; STEGEMAN DECL. ISO SAME; [PROPOSED] ORDER

NO. 12-CV-05493 TEH

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DECLARATION OF CHAD A. STEGEMAN IN SUPPORT OF
STIPULATED REQUEST FOR ORDER CHANGING TIME

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I, Chad A. Stegeman, declare and state as follows:
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I am an attorney duly licensed to practice before this Court, and am associated

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with Carroll, Burdick & McDonough LLP, counsel for Defendant MBUSA in the above-

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entitled action. The matters referred to in this Declaration are based upon my best

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personal knowledge and belief, and if called and sworn as a witness, I could and would

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competently testify as to each of them.

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2.

On July 7, 2014, a clerk’s notice reset the July 7, 2014 case management

conference to July 28, 2014. Dkt. 83.
3.

Both Troy Yoshino and Chad Stegeman, Counsel for MBUSA, will be

traveling out of state for hearings in other matters on July 28, 2014.
4.

Due to the scheduling conflict, on July 8, 2014, after consultation with counsel

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for plaintiffs, counsel for MBUSA contacted Courtroom Deputy Tana Ingle to ascertain

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the Court’s near term availability for a reset case management conference. Ms. Ingle

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indicated the Court was not available on August 4, 2014, but was available on August 11,

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2014.

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3.

An August 11, 2014, date for the case management conference poses no

conflict for the parties.
6.

Pursuant to prior stipulations between the parties, this Court has modified

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dates pursuant to the stipulation of the parties on four prior occasions. See Dkt. 8; Dkt.

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17; Dkt. 44; Dkt. 53. This Court has also modified the briefing and hearing schedule on

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MBUSA’s Motion to Dismiss by its own order. See Dkt. 15; Dkt. 28, Dkt. 35-36.

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7.

Accordingly, as set forth in the accompanying stipulated request, the parties

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respectfully request that the case management conference set for July 28, 2014, be

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continued to August 11, 2014, at 1:30 p.m.

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CBMMERCEDES\SF632445-1

8.

As there are no other scheduled matters in this case, the requested time

modification would have no effect on the schedule for the case.
-3STIPULATION TO EXTEND TIME; STEGEMAN DECL. ISO SAME; [PROPOSED] ORDER

NO. 12-CV-05493 TEH

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I attest that concurrence in the filing of the document has been obtained from

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Plaintiffs’ counsel, Roy Katriel, which shall serve in lieu of their signatures on the

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document.

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I declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct.
Executed this 9th day of July 2014, at San Francisco, California.
/s/
CHAD A. STEGEMAN

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CBMMERCEDES\SF632445-1

-4STIPULATION TO EXTEND TIME; STEGEMAN DECL. ISO SAME; [PROPOSED] ORDER

NO. 12-CV-05493 TEH

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The case management conference currently set for Monday, July 28,

2014, shall be continued to August 11, 2014, at 1:30 p.m.
PURSUANT TO STIPULATION, IT IS SO ORDERED

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S
By:

UNIT
ED

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07/09
Dated: ___________________, 2014

RT
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S DISTRICT
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THELTON E. HENDERSON
UNITED STATES DISTRICT JUDGE

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NO

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as the Order of the Court. The schedule in this case is hereby modified as follows:

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For good cause shown, the Court hereby enters the Stipulation set forth above

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ORDER

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D IS T IC T
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OF

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CBMMERCEDES\SF632445-1

-5STIPULATION TO EXTEND TIME; STEGEMAN DECL. ISO SAME; [PROPOSED] ORDER

NO. 12-CV-05493 TEH