Mccullough et al v. Xerox Corporation

Filing 26

ORDER GRANTING 25 STIPULATION RE: Deadline to Complete Court Sponsored Mediation. Signed by Judge JEFFREY S. WHITE on 3/24/14. (jjoS, COURT STAFF) (Filed on 3/24/2014)

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Case3:13-cv-04596-JSW Document25 Filed03/21/14 Page1 of 5 1 Janine S. Simerly (SBN 102361) jss@millerlawgroup.com 2 Bethany A. Vasquez (SBN 209423) bav@millerlawgroup.com 3 MILLER LAW GROUP 4 A Professional Corporation 111 Sutter Street, Suite 700 5 San Francisco, CA 94104 Tel. (415) 464-4300 6 Fax (415) 464-4336 7 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N C AL IF O RN I A Attorneys for Defendant 8 XEROX CORPORATION 9 Elizabeth L. Riles, Esq. (SBN 197411) Bohbot & Riles, LLP 10 1814 Franklin St., Suite 800 Oakland, CA 94612 11 Tel. (510) 273-3111 Fax (510) 273-8911 12 Attorneys for Plaintiffs 13 SAKEENAH McCULLOUGH and DANIEL GUNTHER 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 SAKEENAH MCCULLOUGH and DANIEL GUNTHER 18 19 Plaintiffs, 20 v. Case No.: 3:13-cv-04596 JSW STIPULATION AND [PROPOSED] ORDER CONTINUING THE PARTIES’ DEADLINE TO COMPLETE COURT SPONSORED MEDIATION 21 22 XEROX CORPORATION, a corporation, and DOES One through Thirty-five, inclusive, 23 Defendants. 24 Complaint filed: June 27, 2013 First Amended Complaint filed: July 26, 2013 25 26 27 28 STIPULATION AND [PROPOSED] ORDER TO CONTINUE ADR COMPLETION DEADLINE Case No. 3:13-cv-04596 JSW Case3:13-cv-04596-JSW Document25 Filed03/21/14 Page2 of 5 1 Plaintiffs SAKEENAH MCCULLOUGH and DANIEL GUNTHER (“Plaintiffs”) 2 and Defendant XEROX CORPORATION (“Defendant”), by and through their respective 3 undersigned attorneys, hereby stipulate and agree to continue the deadline for the parties to 4 complete court sponsored mediation in this matter from May 19, 2014, until August 19, 5 2014, as set forth below. 6 7 WHEREAS, on October 4, 2013 Defendant removed this matter to this Court 8 from the San Francisco Superior Court based on Diversity Jurisdiction; 9 10 WHEREAS, on January 17, 2014, the parties appeared before the Court for an 11 Initial Case Management Conference; 12 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N C AL IF O RN I A 13 WHEREAS, on January 17, 2014, the Court filed its Civil Minute Order, setting 14 February 19, 2014, as the last day for Defendant to file a Motion to Sever and May 19, 15 2014, as the deadline for the parties to complete court sponsored mediation; 16 17 WHEREAS, on February 19, 2014, Defendant filed its Motion to Sever 18 Plaintiffs’ Claims Into Separate Actions (“Motion to Sever”); 19 20 WHEREAS, on March 5, 2014, Plaintiffs filed their Opposition to Defendant’s 21 Motion to Sever; 22 23 WHEREAS, on March 12, 2014, Defendant filed its Reply in support of its 24 Motion to Sever; 25 26 WHEREAS, the hearing on Defendant’s Motion to Sever is calendared to be 27 heard on April 18, 2014 at 9:00 a.m.; 28 1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE ADR COMPLETION DEADLINE Case No. 3:13-cv-04596 JSW Case3:13-cv-04596-JSW Document25 Filed03/21/14 Page3 of 5 1 WHEREAS, on March 7, 2014, the Court appointed Fred D. Butler as Mediator 2 in this matter; 3 4 WHEREAS, the parties agree that mediation of this matter would not be 5 meaningful without a ruling on Defendant’s Motion to Sever and discovery conducted 6 subsequent to that ruling; 7 8 WHEREAS, a trial date has not yet been set, and dispositive motions are 9 calendared to be heard on April 17, 2015; 10 11 WHEREAS, the parties have not previously sought to continue or extend any 12 of the deadlines in this action related to the Civil Minute Order; M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N C AL IF O RN I A 13 14 WHEREAS, Mr. Butler has indicated that he is amenable to the parties’ 15 request to extend the deadline to complete mediation; 16 17 NOW, THEREFORE, 18 19 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and 20 Defendant, by and through their respective undersigned attorneys of record, to continue the 21 date of the Court’s Civil Minute Order for the parties to complete court sponsored mediation 22 in this matter from May 19, 2014, until August, 19, 2014, in order for the parties to conduct 23 meaningful discovery after the Court has ruled on Defendant’s Motion to Sever. 24 /// 25 /// 26 /// 27 /// 28 /// 2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE ADR COMPLETION DEADLINE Case No. 3:13-cv-04596 JSW Case3:13-cv-04596-JSW Document25 Filed03/21/14 Page4 of 5 1 Good cause exists for this continuance of the existing date of the Court’s 2 Order for the parties to complete mediation in this matter, as set forth above. 3 4 IT IS SO STIPULATED. 5 6 7 Dated: March 21, 2014 BOHBOT & RILES, LLP 8 9 10 By: 11 12 /s/ Elizabeth Riles Elizabeth L. Riles Attorneys for Plaintiffs SAKEENAH McCULLOUGH and DANIEL GUNTHER M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N C AL IF O RN I A 13 14 Dated: March 21, 2014 MILLER LAW GROUP A Professional Corporation 15 16 17 By: 18 19 20 /s/ Bethany A. Vasquez Janine S. Simerly Bethany A. Vasquez Attorneys for Defendant XEROX CORPORATION 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER TO CONTINUE ADR COMPLETION DEADLINE Case No. 3:13-cv-04596 JSW Case3:13-cv-04596-JSW Document25 Filed03/21/14 Page5 of 5 1 [PROPOSED] ORDER 2 3 Having reviewed the Stipulation executed by Plaintiffs SAKEENAH 4 MCCULLOUGH and DANIEL GUNTHER and Defendant XEROX CORPORATION, and 5 good cause appearing, the Court hereby orders that the deadline for the parties to complete 6 the mediation of this matter is hereby continued until August 19, 2014. 7 8 PURSUANT TO STIPULATION, IT IS SO ORDERED. 9 March 24, 2014 10 Dated: ______________________ ______________________________ Hon. Jeffrey S. White District Judge 11 12 M ILLER L AW G ROUP A P R OF E SS I ON AL C O RP OR A T IO N C AL IF O RN I A 13 14 4830-9938-6137, v. 1 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER TO CONTINUE ADR COMPLETION DEADLINE Case No. 3:13-cv-04596 JSW

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