Henley v. Union Pacific Railroad Company

Filing 30

STIPULATION AND ORDER TO MODIFY CASE MANAGEMENT SCHEDULING ORDER. Signed by Judge Richard Seeborg on 1/23/17. (cl, COURT STAFF) (Filed on 1/23/2017)

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VINCENT CASTILLO, SBN 209298
[e-mail]
MARIA M. LAMPASONA, SBN 259675
[e-mail]
ALEXEI N. OFFILL-KLEIN, SBN 288448
[e-mail]
LOMBARDI, LOPER & CONANT, LLP
Lake Merritt Plaza
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant UNION PACIFIC
RAILROAD COMPANY
UNITED STATES DISTRICT COURT

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Lake Merritt Plaza
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541

LOMBARDI, LOPER & CONANT, LLP

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLES HENLEY,
Plaintiff,

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v.

Case No. 3:16-cv-03767-RS
STIPULATION AND [PROPOSED] ORDER
TO MODIFY CASE MANAGEMENT
SCHEDULING ORDER

UNION PACIFIC RAILROAD
COMPANY, a corporation,
Defendant.
Complaint Filed:
Trial Date:

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July 5, 2016
February 15, 2018

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Plaintiff Charles Henley and defendant Union Pacific Railroad Company submit the

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following stipulation to modify the Court’s Case Management Scheduling Order (Dkt. 24).
RECITALS

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On October 27, 2017, the Court issued a Case Management Scheduling Order with respect

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to all relevant pre-trial and trial dates. With regard to a settlement conference, the Court referred

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the parties to Judge Westmore, per the parties’ request, “for the purposes of engaging in a

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settlement conference to take place, ideally, within the next 120 days.” (Dkt. 24, 1:17-19.)

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On November 19, 2016, following a pre-settlement telephone conference between the
parties and Judge Westmore, the Court scheduled the settlement conference for February 8, 2017.
31039-45394 AOFFILLKLEIN 680009.1

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STIP. AND [PROPOPOSED] ORDER TO
MODIFY CASE MGMT. SCHEDULING
ORDER, CASE NO. 3:16-CV-03767-RS

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(Dkt. 28.)

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The parties have conferred and agree that the settlement conference, as currently

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scheduled, is premature for the following reasons. The parties wish to complete additional

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discovery, including plaintiff’s deposition, which is tentatively scheduled to take place on

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February 16, 2017, prior to the settlement conference. Counsel for both parties have spent

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significant time recently in trial, and preparing for trial, in other matters. The parties believe that

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the additional time to complete essential discovery will permit the parties to engage in a more

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meaningful dialogue at the conference.
Subject to the Court’s approval and availability, the parties are currently contemplating

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Lake Merritt Plaza
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541

LOMBARDI, LOPER & CONANT, LLP

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that a continued settlement conference will take place the third week of March (March 20-24) or

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the second week of April (April 10-14). These changes will not affect the trial date or any other

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pretrial deadlines. The parties have not previously requested a modification of the Case

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Management Scheduling Order.
For the Court’s reference, on January 17, 2017, the parties submitted to Judge Westmore a

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request to continue the settlement conference, but were told to first request the continuance from

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Judge Seeborg’s department due to the Scheduling Order’s mandate that the settlement

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conference occur within 120 days of October 27, 2017.

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STIPULATION

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NOW, THEREFORE, AND IN CONSIDERATION OF THE FOREGOING,

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The parties, through their respective counsel, hereby request the following modifications

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to the Case Management Scheduling Order:

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With respect to Alternative Dispute Resolution (Paragraph 1), the parties request that the

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deadline to engage in a settlement conference with Judge Westmore be extended to May 26,

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2017.1

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The extra time is requested in an abundance of caution because the parties do not know Judge
Westmore’s availability.
31039-45394 AOFFILLKLEIN 680009.1

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STIP. AND [PROPOPOSED] ORDER TO
MODIFY CASE MGMT. SCHEDULING
ORDER, CASE NO. 3:16-CV-03767-RS

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Dated: January 23, 2017

LOMBARDI, LOPER & CONANT, LLP

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By:

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/s/ Alexei N. Offill-Klein
VINCENT CASTILLO
MARIA M. LAMPASONA
ALEXEI N. OFFILL-KLEIN
Attorneys for Defendant
UNION PACIFIC RAILROAD
COMPANY

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Dated: January 23, 2017

HILDEBRAND MCLEOD & NELSON, LLP

By:

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Lake Merritt Plaza
1999 Harrison Street, Suite 2600
Oakland, CA 94612-3541

LOMBARDI, LOPER & CONANT, LLP

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/s/ Paula Rasmussen
PAULA RASMUSSEN
ANTHONY PETRU
EDDY MACLEOD
Attorneys for Plaintiff
CHARLES HENLEY

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ORDER

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IT IS SO ORDERED.
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DATED:
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1/23/17
____________________________________
HONORABLE RICHARD SEEBORG

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31039-45394 AOFFILLKLEIN 680009.1

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STIP. AND [PROPOPOSED] ORDER TO
MODIFY CASE MGMT. SCHEDULING
ORDER, CASE NO. 3:16-CV-03767-RS