Shields v. Alere Home Monitoring, Inc.

Filing 26

ORDER granting 24 STIPULATION WITH PROPOSED ORDER (JOINT) to Continue Case Management Conference and ADR Deadlines filed by Alere Home Monitoring, Inc., Alere San Diego, Inc. Case Management Statement due by 11/13/2015. Initial Case Management Conference reset for 11/20/2015 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 9/28/2015. (beS, COURT STAFF) (Filed on 9/29/2015)

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1 SEDGWICK LLP STEPHANIE A. SHERIDAN, State Bar No. 135910 2 stephanie.sheridan@sedgwicklaw.com ANTHONY J. ANSCOMBE, State Bar No. 135883 3 anthony.anscombe@sedgwicklaw.com MEEGAN B. BROOKS, State Bar No. 298570 4 meegan.brooks@sedgwicklaw.com 333 Bush Street, 30th Floor 5 San Francisco, CA 94104-2834 Telephone: 415.781.7900 6 Facsimile: 415.781.2635 7 Attorneys for Defendants ALERE HOME MONITORING, INC. 8 and ALERE SAN DIEGO, INC. 9 KERSHAW, CUTTER & RATINOFF, LLP William Kershaw, State Bar No. 057486 10 wkershaw@kcrlegal.com Stuart C. Talley, State Bar No. 180374 11 stalley@kcrlegal.com 401 Watt Avenue 12 Sacramento, California 95864 Telephone: 916.448.9800 13 Facsimile: 916.669.4499 14 Attorneys for Plaintiff STEVE SHIELDS 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 20 STEVE SHIELDS, Case No. 3:15-cv-02580-CRB 21 Hon. Charles R. Breyer 22 Plaintiff. v. JOINT STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND ADR DEADLINES 23 ALERE HOME MONITORING, INC. and ALERE SAN DIEGO, INC. 24 Defendants. 25 26 27 28 1. JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC AND ADR DEADLINES, 3:15-CV-02580-CRB 82011079v2 1 Pursuant to Civil Local Rules 16-2 and 7-12, Plaintiff Steve Shields (“Plaintiff”) and 2 Defendants Alere Home Monitoring, Inc. and Alere San Diego, Inc. (“Defendants”), hereby agree 3 and stipulate that good cause exists to request an order from the Court rescheduling the Initial 4 Case Management Conference currently set for November 13, 2015. 5 WHEREAS, Plaintiff filed a Complaint on June 10, 2015 and a First Amended Complaint 6 on July 27, 2015, and thereafter served the First Amended Complaint on Defendants; 7 WHEREAS, on June 18, 2015, the Court scheduled a Case Management Conference for 8 September 11, 2015 (Dkt. #9), and set the deadline for filing a Joint Case Management Statement 9 as September 4, 2015; 10 WHEREAS, on September 1, 2015, the Parties filed a Stipulation to continue the Case 11 Management Conference and ADR deadlines until after Defendants’ motion to dismiss was fully 12 briefed and decided (Dkt. #19); 13 WHEREAS, on September 4, 2015, the Court granted that Stipulation, and rescheduled the 14 Case Management Conference for November 13, 2015 at 8:30 a.m. (Dkt. #20); 15 WHEREAS, Defendants’ counsel has a scheduling conflict on November 13, 2015; the 16 Parties therefore request that the Case Management Conference be rescheduled for the following 17 Friday, November 20, 2015; the Parties also request that their deadline to comply with the ADR 18 requirement be continued until on or after the date of the Case Management Conference, so that 19 they may discuss their options at the Conference, pursuant to ADR Local Rule 3-5(e); 20 WHEREAS, the Parties do not seek to reset these dates for the purpose of delay, and the 21 proposed new dates will not have an effect on any pre-trial and trial dates as the Court has yet to 22 schedule these dates; and 23 NOW, THEREFORE, the Parties hereby stipulate and respectfully request that the Court 24 continue the Case Management Conference one week, until November 20, 2015. The Parties also 25 respectfully request that the court extend the deadline to comply with the ADR requirement until 26 on or after the date of the Case Management Conference. 27 IT IS SO STIPULATED. 28 2. JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC AND ADR DEADLINES, 3:15-CV-02580-CRB 82011079v2 1 Dated: September 23, 2015 By: 2 3 4 5 /s/ Stephanie Sheridan Stephanie Sheridan Anthony Anscombe Meegan Brooks SEDGWICK LLP Counsel for Defendants ALERE HOME MONITORING, INC. and ALERE SAN DIEGO, INC. 6 7 Dated: September 23, 2015 By: /s/ Stuart Talley_________________ Stuart Talley William Kershaw KERSHAW, CUTTER, & RATINOFF LLP Counsel for Plaintiff STEVE SHIELDS 8 9 10 11 12 13 ATTESTATION Pursuant to Local Rule 5-1(i)(3), I, Stephanie Sheridan, attest that all other signatories 14 listed herein, and on whose behalf this filing is being submitted, concur in this filing’s content and 15 have authorized the filing. 16 By: /s/ 17 Stephanie Sheridan 18 ORDER 19 PURSUANT TO STIPULATION, IT IS SO ORDERED that the Case Management 20 Conference and ADR deadlines are continued until November 20, 2015. 21 22 DATED: September 28, 2015 By: __________________________________ Hon. Charles R. Breyer UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 3. JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE CMC AND ADR DEADLINES, 3:15-CV-02580-CRB 82011079v2

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