Verdina v. CVS Caremark Corporation et al

Filing 37

JOINT STIPULATED REQUEST AND ORDER TO EXTEND DEADLINE FOR MANDATORY SETTLEMENT CONFERENCE. Signed by Judge Maxine M. Chesney on May 20, 2014. (mmclc2, COURT STAFF) (Filed on 5/20/2014)

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MICHAEL E. BREWER, Bar No. 177912
[e-mail]
JOHANNA R. CARNEY, Bar No. 277946
[e-mail]
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, California 94597
Telephone:
925.932.2468
Facsimile:
925.946.9809

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Attorneys for Defendants
CVS CAREMARK CORPORATION, CVS RX
SERVICES, INC., AMRITPAL VIRDEE, and RUI
CAMACHO

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ARTHUR C. CHAMBERS, Bar No. 53282
JOONG Y. IM, Bar No. 163720
ILONA BRUSIL, Bar No. 244723
601 Van Ness Ave., Suite 2056
San Francisco, CA 94102
Telephone:
415.775.2144
Facsimile:
415.775.1308

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Attorneys for Plaintiff ROBERT VERDINA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 3: 13-cv-04359-MMC

ROBERT VERDINA,
Plaintiff,

v.
CVS CAREMARK CORPORATION, a
Delaware Corporation; CVS RX
SERVICES, INC., a New York
Corporation; AMRIT VIRDEE, an
individual; RUI CAMACHO, an
individual, and DOES 1 through 120,

JOINT STIPULATED REQUEST AND
[PROPOSED] ORDER TO EXTEND
DEADLINE FOR MANDATORY
SETTLEMENT CONFERENCE
Judge: Ron. Maxine M. Chesney
Dept Courtroom 7, 19th Floor
Trial Date: December 8, 2014

Defendant.

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Plaintiff,

Robert Verdina ("Plaintiff'),

and

Defendants

CVS

CAREMARK

CORPORATION, CVS RX SERVICES, AMRIT VIRDEE, and RUI CAMACHO ("Defendants"),
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UITLER MENDELSON. PC.
Treat Towers
1255 Treat Boulevard
Suito600

W-1 C<eok, CA 9<1597
925.932.24ll8

JOINT STIPULATED REQUEST AND
[PROPOSED] ORDER TO EXTEND DEADLINE
(NO. 3:13-CV-04359-MMC)

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file this Joint Stipulated Request to extend the date for Mandatory Settlement Conference from May

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29, 2014 to July 10, 2014, or as soon thereafter as the court be available. As grounds for this

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Motion, the Parties state:

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1. Littler Mendelson, P.C. began representing CVS in this manner on February 14, 2014.

2. The two named individual defendants, Rui Camacho and Amritpa1 Virdee, made their first

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appearance in this case on May 6, 2014.

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3. Pursuant to the January 10, 2014 Ci'vil Pretrial Minutes, the case was "referred to Magistrate
Judge Nathaneal Cousins for a Settlement Conference, to be conducted in late in late May or

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early June - his calendar permitting."

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Setting Settlement Conference, the date set for the Mandatory Settlement Conference is

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currently May 29, 2014.

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Pursuant to the Court's January 14, 2014 Order

4. Counsel for the parties agree that settlement discussions would be premature and very likely

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unsuccessful prior to the deposition of all named parties.
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5. Plaintiff and CVS have engaged in good faith discovery efforts and have completed one

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round of written discovery. The Parties require additional time to conduct depositions of one

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of the named individual defendants and the plaintiff.

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6. The Parties anticipate that they will not be able to complete the pending depositions by the
current settlement conference date because of the challenges associated with, and additional
time needed for, coordinating the deposition of one named defendant among counsel and the

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witness' schedules prior to May 29, 2014.
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7. The Parties have met and conferred and agree that they would be available on July 10, 2014

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to conduct the Mandatory Settlement Conference. The Parties have checked with Magistrate

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Judge Cousins' clerk and are of the infonnation and belief that this date is agreeable to

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Magistrate Judge Cousins as well.

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LITILER MENOaSON, P.C.
Treat Towers
1255 Treat Boulevatd

Suite600
Walnut Creek, CA 945.q7
925 932.2468

JOINT STIPULATED REQUEST AND
[PROPOSED] ORDER TO EXTEND DEADUNES
(NO. 3:13-CV-04359-MMC)

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8. Accordingly, the Parties respectfully request that the Court reschedule the Mandatory

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Settlement Conference from May 29,2014 to July 10, 2014, or as soon thereafter as is

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practicable.

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Neither Party will be prejudiced by the extension of this date. Both Parties will, however, be

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prejudiced if the Court denies this Motion and prevents them from conducting the pending
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depositions to develop the factual record in this case.
WHEREFORE, the Parties respectfully request that the Court extend the current
deadline to conduct a settlement conference as set forth above.
Respectfully submitted,

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Dated: Mayj2,..2014

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Attorneys for Plaintiff Robert Verdina
Dated: Mayf2.,2014

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I
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ANNA R. CARNEY
ITTLER MENDELSON
A Professional Corporation
Attomeys for Respondents
CVS CAREMARK CORPORATION
CVS RX SERVICES, INC.

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IT IS SO ORDERED.

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Dated: _ _20 _, 2014
May _

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HONORABLE MAXINE M. CHESNEY
U.S. DISTRICT COURT JUDGE

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UHLER MENDELSON. P.C

r..atrowers
1255 Treat Boulevard
SuiteOOO
Wah.tt Creek, CA 94597

925.932.2<08

JOINT STIPULATED REQUEST AND
[PROPOSED] ORDER TO EXTEND DEADLINES
(NO.3: 13-CV-04359-MMC)

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