Graham v. VCA Antech, Inc. et al

Filing 20

SECOND AMENDED ORDER 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 8/6/2017. (rmm2S, COURT STAFF) (Filed on 8/6/2014)

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MCCALLUM METHVIN TERRELL
JAMES M. TERRELL(AL0887-L73J)
j![e-mail]
The Highland Building
2201 Arlington Avenue South
Birmingham, Alabama 35205
Telephone: [phone]
Facs1mile: 205-939-0399
(Appearance pro hac vice)

6 Attorneys for Plaintiff TONY M. GRAHAM
7 THE LAWRENCE LAW FIRM
JEFFREY W. LAWRENCE (SBN 166806)
8 jeffrey1\ali lawrencelaw.com
101 California Street1 Suite 2710
9 San Francisco, CA 9q 104
Telephone: [phone]
10 Facs1mile: 415-504-1605
Attorney for Plaintiff TONY M. GRAHAM
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AKIN GUMP STRAUSS HAUER & FELD LLP

12 1f~~n~~Tn~~_i~~~SBN93108)
13 HYONGSOON KIM (SBN 257019)
kimh(alakingump.com
14 2029 'Cen~ Park East, Suite 2400
Los Angeles, CA 90067
15 Telephone: [phone]
Facs1mile: 310-229-100 I
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Attorneys for Defendants VCA ANTECtt INC.
17 (now kriown as VCA, INC.) and VCA ArdMAL
HOSPITALS, INC.
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[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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24 TONY M. GRAHAM, on behalf of
h,imselt and all others similarly
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Plaintiff,
v.

28 VCAANTECH INC. and

Case No. 3:14-cv-02158-MEJ
STIPULATION ANDJPROPOSED)
ORDER EXTENDIN TIME TO
CONDUCT INITIAL PLANNING
MEETING1 fJ!.E RULE 26(0
REPORT ~u CONTINUING THE
CASE MANAGEMENT
Second Amended: CORRECTS DATE CMC STATE

STrPULATrON AND [PROPOSED] ORDER EXTENI)ING TIME TO CONDUCT INITIAL PLANNING MEETING, .
FILE RULE 26(f) REPORT AND CONTINUING THE CASE MANAGEMENT CONFERENCE

NT DUE

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VCA ANIMAL HOSPITALS, INC.

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Defendants.

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

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

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STIPULATION
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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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reference to the following:

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I. WHEREAS, Plaintiff filed this action on May 12, 2014.

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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 of the 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 file an answer or otherwise respond to Plaintiff's complaint.

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5. WHEREAS, on July 10,2014, 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 file their venue motion

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shall be August 18, 2014; the deadline for Plaintiff to file his opposition to the venue

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motion shall be September 15, 20 14; and the deadline for Defendants to file their reply

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in support oftheir 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 AOR documents;
August 7, 2014: Last day to file Rule 26(f) Report and Case Management
Statement and to complete initial disclosures; and
August 14, 2014: Initial Case Management Conference.
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STIPULATION AND [PROPOSED] ORDER EXTENPING TIME TO CONDUCT INITIAL PLANNING MEETING,
FILE RULE 26(1) REPORT AND CONTINUING THE CASE MANAGEMENT CONFERENCE

7. WHEREAS, the parties agree that the interests of justice and judicial economy
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
continued from August 7, 2014, to September 2, 2014.
3. The deadline for the parties to file their Rule 26(f) report and Case
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

AKIN GUMP STRAUSS HAUER &
FELDLLP

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By: /s/ John A. Karaczynski
John A. Karaczynski
A~meys for Defendants1 VCA ANTECH.._
IN . (now known as VC~,. INC.) and VCA
A IMAL HOSPITALS, INC.

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STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO CONDUCT INITIAL PLANNING MEETING,
FILE RULE 26(f) REPORT AND CONTTNUrNG TIIE CASE MANAGEMENT CONFERENCE

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McCALLUM, METHVIN & TERRELL,

P.C.

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By; Is/ James M. Terrell
James M. Terrell (Ap]earance prp hac vice)

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GRAHAM

AttoJ'!1~ys

for Plaintiff, TONYM.

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STIPULATION AND [PROPOSED) ORDER EXTENDING TIME TO CONDUCT INITrAL PLANNING MEETING,
FILE RULE 26(1) REPORT AND CONTINUING THE CASE MANAGEMENT CONFERENCE

SECOND AMENDED ORDER (CORRECTS CMC STMT. DUE DATE)

(PROPQSEDI 0 R D E R

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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August 4, 2 014

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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 23,
2014 and shall be electronicall
filed.

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STIPULATION AND [PROPOSED) ORDER EXTENDING TIME TO CONDUCT INITIAL PLANNING MEETING,
FILE RULE 26(1) REPORT AND CONTINUING THE CASE MANAGEMENT CONFERENCE