Estell v. McHugh

Filing 8

ORDER CONTINUING CMC: Case Management Statement due by 4/28/2016. Case Management Conference set for 5/5/2016 10:00 AM. Signed by Judge Maria-Elena James on 1/20/2016. (cdnS, COURT STAFF) (Filed on 1/20/2016)

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ER R NIA LI Ju FO S 6 A Attorney for Plaintiff QUO VAT ESTELL s na Jame ria-Ele dge Ma H 5 RT 4 TED GRAN NO 3 UNIT ED 2 Maureen E. McFadden, SBN 203781 LAW OFFICES OF MAUREEN E. MCFADDEN 300 Lakeside Drive, Suite 1000 Oakland, CA 94612 Ph: (510) 835-5203 Fax: (510) 835-5205 Email: maureen@mcfaddenlaw.net RT U O 1 S DISTRICT TE C TA N F D IS T IC T O R 7 UNITED STATES DISTRICT COURT 8 C NORTHERN DISTRICT OF CALIFORNIA 9 10 QUO VAT ESTELL, Plaintiffs, 11 12 vs. 13 14 15 16 17 18 19 20 JOHN MCHUGH, Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: 15-cv-04898-MEJ PLAINTIFF’S REQUEST FOR CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES Plaintiff Quo Vat Estell, by and through her attorney Maureen McFadden, 21 respectfully requests that the Court continue the initial case management 22 conference currently set for January 28, 2016 at 10:00 a.m., and all related dates, 23 by about 90 days or at the Court’s convenience. 24 The complaint and related documents were not timely served on defendant. 25 Ms. McFadden is a sole practitioner. She is also the single mother of a toddler son, 26 and legally responsible for making health care and other decisions on behalf of her 27 very sick mother, Kathleen McFadden, who lives in Southern California. In recent REQUEST FOR CONTINUANCE - 1 1 months, Ms. McFadden has been required to take substantial time away from work 2 to deal with emergencies relating to her mother. Additionally, Ms. Estell’s complaint needs to be amended to include related 3 4 claims that are currently the subject of an EEO proceeding, Quo Vat Estell v. U.S. 5 Army, EEOC Case No. 550-2015-00087x, assigned to the Honorable David Kelley. 6 Plaintiff’s counsel had intended to wait for Judge Kelley’s order on a hearing held 7 August 21, 20161 prior to moving those claims into Ms. Estell’s case now pending 8 in this Court. For unknown reasons, Judge Kelley has still not issued that order. 9 Ms. Estell is not willing to accept any further delays and wishes to have all her 10 claims proceed in this Court as soon as possible, regardless of the status of Judge 11 Kelley’s issuance of the order from the August 21, 2015 hearing. Ms. McFadden anticipates having the amended complaint filed and served 12 13 by the end of this week. 14 15 DATED: January 19, 2016 LAW OFFICES OF MAUREEN E. MCFADDEN 16 By: _________________________ Maureen E. McFadden 17 18 Attorney for Plaintiff QUO VAT ESTELL 19 20 O ORD IT IS S NO RT 25 Judge M ER 1 na James aria-Ele A H 26 ERED R NIA 24 TC FO UNIT ED 23 TE TA RT U O S 22 The Case Management Conference is CONTINUED to May 5, 2016 at 10:00 a.m. All deadlines are adjusted accordingly. Dated: January 20, 2016 S DISTRIC LI 21 N F D IS T IC T O R C The hearing related to plaintiff’s requested amendments in that matter, and 27 scheduling issues. REQUEST FOR CONTINUANCE - 2

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