Mccullough et al v. Xerox Corporation
Filing
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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)
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
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Attorneys for Plaintiffs
13 SAKEENAH McCULLOUGH and
DANIEL GUNTHER
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
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17 SAKEENAH MCCULLOUGH and DANIEL
GUNTHER
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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
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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
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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.
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WHEREAS, on October 4, 2013 Defendant removed this matter to this Court
8 from the San Francisco Superior Court based on Diversity Jurisdiction;
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WHEREAS, on January 17, 2014, the parties appeared before the Court for an
11 Initial Case Management Conference;
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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;
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WHEREAS, on February 19, 2014, Defendant filed its Motion to Sever
18 Plaintiffs’ Claims Into Separate Actions (“Motion to Sever”);
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WHEREAS, on March 5, 2014, Plaintiffs filed their Opposition to Defendant’s
21 Motion to Sever;
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WHEREAS, on March 12, 2014, Defendant filed its Reply in support of its
24 Motion to Sever;
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WHEREAS, the hearing on Defendant’s Motion to Sever is calendared to be
27 heard on April 18, 2014 at 9:00 a.m.;
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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
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WHEREAS, on March 7, 2014, the Court appointed Fred D. Butler as Mediator
2 in this matter;
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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;
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WHEREAS, a trial date has not yet been set, and dispositive motions are
9 calendared to be heard on April 17, 2015;
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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
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WHEREAS, Mr. Butler has indicated that he is amenable to the parties’
15 request to extend the deadline to complete mediation;
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NOW, THEREFORE,
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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 ///
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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
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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.
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IT IS SO STIPULATED.
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7 Dated: March 21, 2014
BOHBOT & RILES, LLP
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9
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By:
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/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
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By:
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/s/ Bethany A. Vasquez
Janine S. Simerly
Bethany A. Vasquez
Attorneys for Defendant
XEROX CORPORATION
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE ADR COMPLETION DEADLINE
Case No. 3:13-cv-04596 JSW
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[PROPOSED] ORDER
2
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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.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
9
March 24, 2014
10 Dated: ______________________
______________________________
Hon. Jeffrey S. White
District Judge
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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
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4830-9938-6137, v. 1
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE ADR COMPLETION DEADLINE
Case No. 3:13-cv-04596 JSW
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