Dominiquez v. Port of Oakland et al

Filing 36

STIPULATION AND ORDER RE 35 EXTENDING DEADLINES FOR OPPOSITION AND REPLY TO DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS. Signed by Judge Richard Seeborg on 3/24/14. (cl, COURT STAFF) (Filed on 3/24/2014)

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Aaron L. Agenbroad (State Bar No. 242613)
Allison B. Moser (State Bar No. 223065)
Allison E. Crow (State Bar No. 279078)
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
+1.415.626.3939
Facsimile:
+1.415.875.5700
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

Attorneys for Defendants
PORT OF OAKLAND, WILLIAM MORRISON;
KENNETH TAYLOR; OMAR BENJAMIN;
WILLIAM EDWARD; KIMBERLY A. LINDERME;
CHERYL PERRY LEAGUE; GINA CARRADINE;
MICHAEL MITCHELL; TED MANKOWSKI; JOEL
EICHENBERRY; GARY RUTLAND; DENYCE
HOLSEY AND FRANKIE JOHNSON
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
Jaimen Joaquin Dominiquez,

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Attorney for Plaintiff
JAIMEN JOAQUIN
DOMINIQUEZ

Danny Wan (State Bar. No. 168323)
Daniel Connolly (State Bar No. 136005)
PORT OF OAKLAND
530 Water Street
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]

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Manuel A. Juarez (SBN 200706)
LAW OFFICES OF MANUEL
A. JUAREZ
2413 Cedar St., Ste. 200
Berkeley, CA 94709
Tel: [phone]
Fax: [phone]
Email: [e-mail]

Plaintiff,
v.
Port of Oakland, a Department of the City of
Oakland, a Municipal Corporation; Service
Employees International Union Local 1021, a
labor union; William Morrison aka Bill
Morrison, Kenneth Taylor, Omar Benjamin,
William Edward aka Bill Edwards, Kimberly
A. Linderme, Cheryl Perry League, Gina
Carradine, Millie Cleveland, Michael
Mitchell, Ted Mankowski, Joel Eichenberry,
Gary Rutland, Denyce Holsey, Frankie
Johnson and Does 1-100, inclusive,

Case No. CV-13-03756-RS
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINES
FOR OPPOSITION AND REPLY TO
DEFENDANTS’ MOTION FOR
JUDGMENT ON THE PLEADINGS
Date:
Time:
Judge:
Location:

May 29, 2014
1:30 p.m.
Hon. Richard Seeborg
Courtroom 3

Defendants.

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Case No. CV-13-03756-RS

STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINES

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Pursuant to Local Rules 6-2 and 7-12, Plaintiff Jaimen Joaquin Dominiquez (“Plaintiff”)

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and Defendants, by and through their undersigned counsel, hereby stipulate and request as

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follows:

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WHEREAS, on January 9, 2014 the Court entered an Order directing the parties to
complete mediation, ideally before April 9, 2014 (ECF No. 30);
WHEREAS, on March 5, 2014 the Court entered an ADR Clerk’s Notice assigning Mark

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LeHocky as mediator (ECF No. 32) and Mr. LeHocky scheduled a mediation session with the

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parties for April 8, 2014;

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WHEREAS, on March 20, 2014 Defendants filed a Notice of Motion and Motion for
Judgment on the Pleadings (“Motion”) pursuant to FRCP 12(c) (ECF No. 33);
WHEREAS, on March 20, 2014 the Court entered the following schedule in the docket
for this action (see ECF No. 33):

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1. Responses (i.e. Opposition) to Defendants’ Motion due by April 3, 2014

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2. Reply due by April 10, 2014

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3. Hearing set for May 29, 2014 at 1:30 p.m.

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WHEREAS, the parties have been working together in good faith to resolve this matter
and require additional time to engage in settlement negotiations;

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WHEREAS, the parties wish to engage in further settlement discussions, including

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attendance at the April 8, 2014 mediation session, without incurring further or unnecessary

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litigation expenses;

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WHEREAS, counsel for Plaintiff is traveling internationally for a period immediately
following the mediation session;
WHEREAS, in light of the parties’ ongoing settlement discussions and upcoming

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mediation session, the parties request that the above deadlines for the Opposition and Reply be

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extended to allow the parties an opportunity to mediate this matter prior to the deadlines for any

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further filings, and to allow adequate time to prepare their Opposition and Reply papers in the

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event that this matter is not settled on or before April 8, 2014;

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WHEREAS, no other time modifications have been made in this action;
Case No. CV-13-03756-RS

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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINES

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IT IS HEREBY STIPULATED by and between the parties, through their respective
counsel:
The deadline for Plaintiff to file and serve his Opposition to Defendants’ Motion for
Judgment on the Pleadings is extended to May 15, 2014.
The deadline for Defendants to file and serve their Reply to Plaintiff’s Opposition is
extended to May 22, 2014.
The hearing scheduled for May 29, 2014 at 1:30 p.m. shall remain scheduled at that time,
unless the Court reschedules it for another date.
IT IS SO STIPULATED.
Dated: March 21, 2014

LAW OFFICE OF MANUEL A. JUAREZ

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By:

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/s/ Manuel A. Juarez
Manuel A. Juarez

Attorney for Plaintiff
JAIMEN JOAQUIN DOMINIQUEZ

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Dated: March 21, 2014

PORT OF OAKLAND
Danny Wan
Daniel Connolly

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JONES DAY

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By:

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/s/ Aaron L. Agenbroad
Aaron L. Agenbroad

Attorneys for Defendants
PORT OF OAKLAND
ATTORNEYS FOR DEFENDANTS
PORT OF OAKLAND; WILLIAM
MORRISON; KENNETH TAYLOR; OMAR
BENJAMIN; WILLIAM EDWARD;
KIMBERLY A. LINDERME; CHERYL
PERRY LEAGUE; GINA CARRADINE;
MICHAEL MITCHELL; TED
MANKOWSKI; JOEL EICHENBERRY;
GARY RUTLAND; DENYCE HOLSEY
AND FRANKIE JOHNSON

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Case No. CV-13-03756-RS

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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINES

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SIGNATURE ATTESTATION
I hereby attest that I have on file all holograph signatures for any signatures indicated by a
“conformed” signature (/S/) within this e-filed document.

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Dated: March 21, 2014

JONES DAY

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By:

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/s/ Aaron L. Agenbroad
Aaron L. Agenbroad

Attorneys for Defendants
PORT OF OAKLAND
ATTORNEYS FOR DEFENDANTS
PORT OF OAKLAND; WILLIAM
MORRISON; KENNETH TAYLOR; OMAR
BENJAMIN; WILLIAM EDWARD;
KIMBERLY A. LINDERME; CHERYL
PERRY LEAGUE; GINA CARRADINE;
MICHAEL MITCHELL; TED
MANKOWSKI; JOEL EICHENBERRY;
GARY RUTLAND; DENYCE HOLSEY
AND FRANKIE JOHNSON

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: __________________, 2014
3/24

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By:_______________________________________
The Honorable Richard Seeborg
United States District Court Judge

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SFI-856218v1

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Case No. CV-13-03756-RS

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STIPULATION AND [PROPOSED] ORDER
EXTENDING DEADLINES