Dominiquez v. Port of Oakland et al

Filing 39

STIPULATION AND ORDER EXTENDING DEADLINES FOR OPPOSITION AND REPLY TO DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS. Motion Hearing set for 7/24/2014 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. Signed by Judge Richard Seeborg on 5/7/14. (cl, COURT STAFF) (Filed on 5/7/2014)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15

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

17

NORTHERN DISTRICT OF CALIFORNIA
Jaimen Joaquin Dominiquez,

19
20
21
22
23
24
25
26
27

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]

16

18

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
SECOND 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.

28
Case No. CV-13-03756-RS

SECOND STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINES

1

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

2

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

3

follows:

4
5
6
7

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):

8

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

9

2. Reply due by April 10, 2014.

10
11

3. Hearing set for May 29, 2014 at 1:30 p.m.
WHEREAS, one modification was previously made in this matter by Stipulation and

12

Order (ECF No. 36) on March 24, 2014, extending the Opposition deadline from April 3, 2014 to

13

May 15, 2014, and extending the Reply deadline from April 10, 2014 to May 22, 2014;

14
15

WHEREAS, the parties attended a mediation session with mediator Mark LeHocky on
April 8, 2014;

16

WHEREAS, the parties subsequently reached a settlement in principle on April 12, 2014;

17

WHEREAS, the parties require additional time to mutually negotiate, prepare, and

18
19
20
21
22
23

execute a Settlement Agreement;
WHEREAS, the parties wish to complete the settlement process without incurring further
or unnecessary litigation expenses;
WHEREAS, counsel for Plaintiff is travelling internationally from May 3, 2014 until May
14, 2014;
WHEREAS, in light of the parties’ ongoing cooperation to finalize and execute a

24

Settlement Agreement and their need for additional time to do so, the parties request that the

25

current deadlines for the Opposition and Reply to Defendants’ Motion be further extended and

26

that the hearing date for Defendants’ Motion be continued;

27
28
Case No. CV-13-03756-RS

1

SECOND STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINES

1
2
3
4
5
6
7
8
9
10

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 June 26, 2014.
The deadline for Defendants to file and serve their Reply to Plaintiff’s Opposition is
extended to July 3, 2014.
The hearing scheduled for May 29, 2014 at 1:30 p.m. shall be continued to July 24, 2014
at 1:30 p.m., or the next available hearing date thereafter.
IT IS SO STIPULATED.
Dated: May 5, 2014

LAW OFFICE OF MANUEL A. JUAREZ

11

By:

12

/s/ Manuel A. Juarez
Manuel A. Juarez

Attorney for Plaintiff
JAIMEN JOAQUIN DOMINIQUEZ

13
14
15

Dated: May 5, 2014

PORT OF OAKLAND
Danny Wan
Daniel Connolly

16
17

JONES DAY

18
By:

19
20

/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

21
22
23
24
25
26
27
28
Case No. CV-13-03756-RS

2

SECOND STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINES

1
2
3

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.

4
5

Dated: May 5, 2014

JONES DAY

6

By:

7

/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

8
9
10
11
12
13
14
15
16

PURSUANT TO STIPULATION, IT IS SO ORDERED.

17
18

5/7
Dated: __________________, 2014

19

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

20
21

SFI-860344v1

22
23
24
25
26
27
28
Case No. CV-13-03756-RS

3

SECOND STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINES