Harris v. Thomas et al

Filing 66

STIPULATION AND ORDER TO CONTINUE ALL DATES AND STAY MATTER. Matter is stayed for 90 days. Close of Fact Discovery: 7/17/2017. Dispositive motions to be heard by 10/18/2017. Pretrial Conference set for 12/18/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 2/10/2017. (jmdS, COURT STAFF) (Filed on 2/10/2017)

1
2
3

Matthew J. Witteman (SBN 142472)
LAW OFFICES OF MATTHEW J. WITTEMAN
133 South Main Street
Sebastopol, CA 95472
Tel: [phone]
Email: [e-mail]

4
5
6
7

Kathleen A. McCormac (SBN 159012)
MCCORMAC & ASSOCIATES
2858 Diamond Street
San Francisco, CA 94131
Tel: [phone]
Fax: [phone]
Email: [e-mail]

8
9
10
11
12
13
14
15
16

Attorneys for Plaintiff
TONIE HARRIS
Judith Droz Keyes (CA State Bar No. 66408)
Tracy Thompson (CA State Bar No. 88173)
Victoria L. Tallman (CA State Bar No. 273252)
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]
Attorneys for Defendants
UNITED AIRLINES, INC. and ROSSI THOMAS

17
18

UNITED STATES DISTRICT COURT

19

NORTHERN DISTRICT OF CALIFORNIA

20

SAN FRANCISCO DIVISION

21

TONIE HARRIS,

22
23
24

Plaintiff,
vs.
UNITED AIRLINES, ROSSI THOMAS, and
DOES 1-50,

25

Case No. 15-cv-02510-WHO
STIPULATION TO CONTINUE ALL
DATES & STAY MATTER PENDING
APPROVAL OF SETTLEMENT and
PROPOSED ORDER
Trial Date: October 10, 2017
Time:
8:30 a.m.

Defendants.
26

Complaint Filed: June 5, 2015

27
28
29
30

STIPULATION TO CONTINUE ALL DATES & STAY MATTER PENDING APPROVAL OF SETTLEMENT
Case No. 15-cv-02510-WHO
NG-S40TG52V 4844-7778-2082v.2 0021309-000039

1

This stipulation seeking a continuance of the trial date and all other dates (“Stipulation”) is

2

entered into by and between Plaintiff Tonie Harris (“Plaintiff”) and Defendants United Airlines, Inc.

3

and Rossi Thomas (“Defendants”), (collectively, the “Parties”). By and through their respective

4

counsel, the Parties jointly request that the Court continue the October 10, 2017, trial date, and all

5

other dates currently set in this matter, by at least 90 days, based on the following:

6
7
8

1.

Plaintiff filed her Second Amended Complaint in this matter on December 11, 2015

(“Lawsuit”).
2.

Plaintiff has a parallel Workers’ Compensation matter pending before the California

9

Workers’ Compensation Appeals Board (“WCAB”), Case No. ADJ9378869 (“Workers’ Comp

10

Claim”).

11

3.

A settlement conference was held before Magistrate Judge Donna M. Ryu on

12

February 3, 2017, at which the Parties reached agreement to settle both the Lawsuit and the

13

Workers’ Comp Claim.

14
15
16
17
18
19
20
21
22

4.

Because Plaintiff is entitled to Medicare benefits, the settlement of the Workers’

Comp Claim must be approved both by Medicare and then by the WCAB.
5.

It is estimated that the above-described approval process will take between 60 and

90 days.
6.

The Parties wish to avoid incurring the expense of discovery and preparing for a trial

when the matter has been settled contingent only on the above-described approvals.
7.

The trial date has not been previously continued, and the Parties have not previously

requested from the Court any continuance in the Lawsuit.
8.

In view of the foregoing, the Parties conclude that good cause exists for a

23

continuance of the trial date to January 9, 2018, or a date thereafter convenient for the Court, and a

24

like continuance of 90 days for all other dates, as outlined below.

25
26
27

IT IS THEREFORE STIPULATED AND AGREED by and among the Parties through their
respective counsel of record, that:
1.

The trial date currently scheduled on October 10, 2017, be continued to on or after

28
29
30

STIPULATION TO CONTINUE ALL DATES & STAY MATTER PENDING APPROVAL OF SETTLEMENT
Case No. 15-cv-02510-WHO
NG-S40TG52V 4844-7778-2082v.2 0021309-000039

1

January 9, 2018.

2

2.

3
4
5
6
7
8
9
10
11
12
13
14
15

The Expert Disclosure Date currently set for March 7, 2017, be continued to on or

after June 6, 2017.
3.

The Expert Rebuttal Date currently set for April 6, 2017, be continued to on or after

July 6, 2017.
4.

The Fact Discovery Cutoff currently set for April 17, 2017, be continued to on or

after July 17, 2017.
5.

That the Expert Discovery Cutoff currently set for May 7, 2017, be continued toon or

after August 7, 2017.
6.

That the Dispositive Motions Heard By currently set for July 19, 2017, be continued

to on or after October 18, 2017.
7.

That the Pretrial Conference currently set for September 18, 2017, be continued to on

or after December 18, 2017.
8.

That the Lawsuit in all respects be STAYED for 90 days.

DATED: February 7, 2017

By: /s/Kathleen A. McCormac
Kathleen A. McCormac
Attorneys for PLAINTIFF TONIE HARRIS

16
17
18

DATED: February 7, 2017

20

22
23

LAW OFFICES OF MATTHEW J. WITTEMAN
By: /s/Matthew J. Witteman
Matthew J. Witteman
Attorneys for PLAINTIFF TONIE HARRIS

19

21

MCCORMAC & ASSOCIATES

DATED: February 7, 2017

DAVIS WRIGHT & TREMAINE LLP
By: /s/Judith Droz Keyes
Judith Droz Keyes
Attorneys for DEFENDANTS UNITED AIRLINES,
INC. and ROSSI THOMAS

24
25
26
27
28
29
30

STIPULATION TO CONTINUE ALL DATES & STAY MATTER PENDING APPROVAL OF SETTLEMENT
Case No. 15-cv-02510-WHO
NG-S40TG52V 4844-7778-2082v.2 0021309-000039

1
2

Signature Attestation Pursuant to LCR 5-1(i)(3)
I, Judith Droz Keyes, obtained permission from opposing counsel to electronically sign the

3

Stipulation to Continue All Dates & Stay Matter Pending Approval of Settlement on their behalf on

4

February 7, 2017.

5

DATED: February 7, 2016

By: /s/ Judith Droz Keyes

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

STIPULATION TO CONTINUE ALL DATES & STAY MATTER PENDING APPROVAL OF SETTLEMENT
Case No. 15-cv-02510-WHO
NG-S40TG52V 4844-7778-2082v.2 0021309-000039

1
2

ORDER
The above STIPULATION TO CONTINUE ALL DATES & STAY MATTER PENDING

3

APPROVAL OF SETTLEMENT is approved. As of the date of this Order, the matter is stayed for

4

90 days. Further, the Court orders the following dates in this matter:

5



Designation of Experts:

June 6, 2017

6



Designation of Rebuttal Experts

July 6, 2017

7



Non-Expert Discovery Cut-off:

July 17, 2017

8



Expert Discovery Cut-off:

August 7, 2017

9



Deadline to Hear Dispositive Motions:

October 18, 2017

10



Pretrial Conference:

December 18, 2017

11



Trial Date:

January 9, 2018

12
13

IT IS SO ORDERED:

14
15

Dated: February 10, 2017
THE HONORABLE WILLIAM H. ORRICK III
UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
29
30

[PROPOSED] ORDER
Case No. 15-cv-02510-WHO
NG-S40TG52V 4844-7778-2082v.2 0021309-000039