Graham v. VCA Antech, Inc. et al

Filing 19

AMENDED ORDER (CORRECTS DATE CMC STATEMENT IS DUE) re 16 STIPULATION WITH PROPOSED ORDER re 3 Initial Case Management Scheduling Order with ADR Deadlines, Extending Deadlines and Continuing Initial Case Management Conference filed by Tony M. Graham. Signed by Magistrate Judge Maria-Elena James on 8/5/2014. (rmm2S, COURT STAFF) (Filed on 8/5/2014)

[ADDITIONAL COUNSEL LISTED AFTER SIGNATURE PAGE]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TONY M. GRAHAM, on behalf of
h,imselt and all others similarly
s1tuatea,

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Plaintiff,

v.

Case No. 3:14-cv-02158-MEJ

STIPULATION AND fPROPOSED)
ORDER EXTENDING TIME TO
CONDUCT INITIAL PLANNING
MEETING1 f.ILE RULE 26(0
REPORT ~D CONTINUING THE
CASE MANAGEMENT
AMENDED ORDER: CORRECTS DATE CMC STATEMENT DUE

STfPULA TrON AND [PROPOSEDJ ORDER EXTENDING TfME TO CONDUCT INITlAL PLANNING MEETING, .
FILE RULE 26(t) REPORT AND CONTINUING THE CASE MANAGEMENT CONFERENCE

VCA ANIMAL HOSPITALS, INC.
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Defendants.

CONFERENCE
Judge: Hon. ~aria-Elena James
Ctrm: B (15 Floor)

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO CONDUCT INITIAL PLANNING MEETING,
FILE RULE 26(t) REPORT AND CONTINUING THE CASE MANAGEMENT CONFERENCE

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STIPULATION

This Stipulation is entered into by plaintiff Tony M. Graham ("Plaintiff') and

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defendants VCAAntech, Inc. (now known as VCA, Inc.) and VCAAnimal Hospitals,

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Inc. ("Defendants") (collectively, "the parties"), by and through their respective counsel

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of record and pursuant to Northern District of California Local Rule 6-I(a), with

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reference to the following:

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I. WHEREAS, Plaintiff filed this action on May I2, 20 I4.

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2. WHEREAS, Defendants intend to file a motion to transfer venue pursuant to

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28 U.S.C. § 1404 ("venue motion").
3. WHEREAS, the parties have met and conferred concerning the subject matter
of this Stipulation.
4. WHEREAS, on June 19,2014, Defendants waived service ofthe summons and

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complaint pursuant to the parties' agreement to work together on a mutually agreeable

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briefing schedule for Defendants' forthcoming venue motion and an extension of the

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deadline for Defendants to flle an answer or otherwise respond to Plaintiff's complaint.

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5. WHEREAS, on July IO, 2014, the parties filed a Stipulation regarding the

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requested briefing schedule on Defendants' motion to transfer venue. Pursuant to the

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terms of the parties' Stipulation, the deadline for Defendants to flle their venue motion

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shall be August I8, 20 I4; the deadline for Plaintiff to file his opposition to the venue

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motion shall be September 15, 20I4; and the deadline for Defendants to file their reply

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in support of their venue motion shall be September 29,2014.

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6. WHEREAS, the Court issued an Order Setting Initial Case Management
Conference and ADR Deadlines, which set these dates:
July 24, 2014: Last day for counsel to meet and confer re Rule 26 issues
and ADR process selection and to file ADR documents;
August 7, 2014: Last day to file Rule 26(f) Report and Case Management
Statement and to complete initial disclosures; and
August I4, 20 I4: Initial Case Management Conference.
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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO CONDUCT INITIAL PLANNING MEETING,
FILE RULE 26(f) REPORT AND CONTINUING THE CASE MANAGEMENT CONFERENCE

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7. WHEREAS, the parties agree that the interests of justice and judicial economy

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Case Management Conference.
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NOW, THEREFORE, the parties hereby stipulate and agree as follows:
1. The deadline for the parties to conduct their initial Rule 26 meet-and-confer
and to file documents concerning ADR issues shall be continued from July 24, 2014,
until fourteen (14) days after the Court's ruling on Defendants' venue motion.

2. The parties will exchange initial disclosures during the pendency of
Defendants' venue motion, and the deadline to exchange initial disclosures shall be

3. The deadline for the parties to file their Rule 26(f) report and Case
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Management Statement shall be continued from August 7, 2014, until twenty-one (21)
days after the Court's ruling on Defendants' venue motion.
4. The Case Management Conference should be continued from August 14, 2014,
to a date convenient to the Court, but no sooner than twenty-eight (28) days after the

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Dated: July 22, 2014

AKIN GUMP STRAUSS HAUER &
FELDLLP

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By; Is/ John A. Karaczynski
John A. Karaczynski
Attorneys for Defendants1 VCA ANTECH,
INC. (now known as VCA, INC.) and VCA
ANIMAL HOSPITALS, INC.

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STIPULATION AND [PROPOSED) ORDER EXTENDING TIME TO CONDUCT INITIAL PLANNING MEETING,
FILE RULE 26(t) REPORT AND CONTINUING THE CASE MANAGEMENT CONFERENCE

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McCALLUM, METHVIN & TERRELL,

P.C.

By: Is/ James M. Terrell
James M. Terrell (Ap~earance pro hac vice)
Attof!l~ys for Plaintiff, TONYM.
GRAHAM

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO CONDUCT INITIAL PLANNING MEETING,
FILE RULE 26(t) REPORT AND CONTINUING THE CASE MANAGEMENT CONFERENCE

AMENDED

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(PROPQSEDJ 0 R D E R

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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August 4, 2014

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The Honorable Maria-Elen James
United States Magistrate Judge

The Initial Case Management Conference is continued from August 14, 2014
to October 30, 2014 at 10:00 a.m., in Courtroom B, 15th floor. A joint
Case Management Statement is due October 7,2014 and shall be electronicall
filed.

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO CONDUCT INITIAL PLANNING MEETING,
FILE RULE 26(0 REPORT AND CONTINUING THE CASE MANAGEMENT CONFERENCE