Caponio v. Boilermakers Local 549 et al

Filing 23

JOINT STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND DEADLINES FOR MOTION TO DISMISS BRIEFING, AS MODIFIED re: 15 MOTION to Dismiss , 12 MOTION to Dismiss . Motion Hearing set for 11/10/2016 10:00 AM in C ourtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Responses due by 10/13/2016. Replies due by 10/27/2016. Initial Case Management Conference set for 11/22/2016 01:30 PM in Courtroom 4, 17th Floor, San Francisco. Signed by Judge Vince Chhabria on 9/15/2016. (afmS, COURT STAFF) (Filed on 9/15/2016)

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BRYAN SCHWARTZ (SBN 209903)
LOGAN TALBOT (SBN 300591)
Bryan Schwartz Law
1330 Broadway, Suite 1630
Oakland, CA 94612
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiff Teresa Caponio

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JASON R. MCCLITIS
Blake & Uhlig, P.A.
753 State Ave., Ste. 475
Kansas City, KS 66101
Tel: [phone]
Fax: [phone]
[e-mail]
Admitted Pro Hac Vice
Attorneys for Defendants

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Additional counsel listed on following page

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
TERESA CAPONIO,

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Plaintiff,

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Case Number: 16-cv-3919-VC

vs.

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BOILERMAKERS LODGE 549;
BOILERMAKERS WESTERN STATES
JOINT APPRENTICESHIP PROGRAM;
and INTERNATIONAL
BROTHERHOOD OF
BOILERMAKERS,

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Defendants.

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JOINT STIPULATION AND
[PROPOSED] ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
AND DEADLINES FOR MOTION TO
DISMISS BRIEFING
Complaint Filed:

July 12, 2016

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
CONFERENCE AND BRIEFING DEADLINES
Case No. 16-cv-3919
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DAVID ROSENFELD
CONCHITA LOZANO-BATISTA
ANNE I. YEN
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
[e-mail]
[e-mail]
[e-mail]

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Additional Attorneys for Defendants
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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
CONFERENCE AND BRIEFING DEADLINES
Case No. 16-cv-3919
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Pursuant to United States District Court, Northern District of California Local Rule 6-2, the

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following Stipulation is entered in to Plaintiff TERESA CAPONIO (“Plaintiff”) and

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Defendants BOILERMAKERS LODGE 549, BOILERMAKERS WESTERN STATES

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JOINT APPRENTICESHIP PROGRAM and INTERNATIONAL BROTHERHOOD OF

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BOILERMAKERS (“Defendants”) (collectively, the “Parties”) by and through their counsel of

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record:

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WHEREAS, the Court scheduled a case management conference before the Magistrate
in the above-referenced matter for October 19, 2016 (Doc. 3); and

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WHEREAS, since that scheduling order, Defendants have declined to proceed with a
Magistrate, thereby effectively vacating the conference, in the Parties’ understanding; and

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WHEREAS, Boilermakers Lodge 549 has not yet entered an appearance in this matter,
but will be represented by the attorneys of Weinberg, Roger & Rosenfeld; and

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WHEREAS, two Defendants have filed Motions to Dismiss with prejudice (Doc. 12 and
Doc. 15); and

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WHEREAS, the Motions to Dismiss were noticed to be heard on November 10, 2016;
and
WHEREAS, on September 14, 2016 the Court took all pending motions off-calendar and
required them to be re-noticed; and
WHEREAS the Court also scheduled a Case Management Conference for October 25,
2016; and
WHEREAS lead counsel for Plaintiff has a previously-scheduled litigation conflict all
day on October 25, 2016; and

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WHEREAS, based upon professional courtesy, and suffering no prejudice, Defendants

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have agreed to extend Plaintiff’s deadline to oppose the motions to October 13, 2016, which is

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28 days before the currently-noticed hearing date; and

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
CONFERENCE AND BRIEFING DEADLINES
Case No. 16-cv-3919
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WHEREAS Defendants which have already appeared have filed or will file, today, a re-

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notice of their Motions to Dismiss for hearing on November 10, 2016 before the Honorable

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District Judge Chhabria; and

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WHEREAS, based upon professional courtesy, and suffering no prejudice, Plaintiff has

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agreed to extend Defendant’s deadline to reply to the opposition(s) to the motions to October 27,

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2016, which is 14 days before the currently-noticed hearing date;

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IT IS HEREBY STIPULATED AS FOLLOWS:

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The Parties respectfully request the Court consider November 10, 2016 as a date for the

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hearing on the Motions to Dismiss and request to hold the rescheduled case management

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conference on the same date, or, if that date is improper for a case management conference, on

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the earliest available date thereafter, November

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, 2016,

The Parties further respectfully request that the Court permit Plaintiff to submit on or

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before October 13, 2016 her anticipated opposition(s) to the Motions filed by the two Defendants

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which have already appeared, and to permit Defendants to reply to such oppositions on or before

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October 27, 2016.

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The Parties stipulate that the deadlines to complete pre-case management conference

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tasks including, but not limited to, the service of initial disclosure statements and the filing of a

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joint case management conference statement, would be similarly continued to dates consistent

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with the continued case management conference.

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Dated: September 14, 2016 Respectfully Submitted,

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/s/ Jason R. McClitis
JASON R. MCCLITIS
Blake & Uhlig, P.A.
753 State Ave., Ste. 475
Kansas City, KS 66101
Tel: [phone]
Fax: [phone]
[e-mail]
Admitted Pro Hac Vice

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
CONFERENCE AND BRIEFING DEADLINES
Case No. 16-cv-3919
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/s/ Anne I. Yen

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DAVID ROSENFELD
CONCHITA LOZANO-BATISTA
ANNE I. YEN
WEINBERG, ROGER & ROSENFELD
A Professional Corporation
1001 Marina Village Parkway, Suite 200
Alameda, California 94501
Telephone [phone]
Fax [phone]
[e-mail]
[e-mail]
[e-mail]

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/s/ Bryan Schwartz

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BRYAN SCHWARTZ
LOGAN TALBOT
Bryan Schwartz Law
1330 Broadway
Suite 1630
Oakland, CA 94612
Telephone: [phone]
Email: [e-mail]

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Attorneys for Plaintiff Teresa Caponio

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[PROPOSED] ORDER

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PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED.

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Dated: September

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, 2016

____________
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
CONFERENCE AND BRIEFING DEADLINES
Case No. 16-cv-3919
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