Caponio v. Boilermakers Local 549 et al

Filing 27

ORDER GRANTING IN PART 26 STIPULATION. Initial Case Management Conference remains set for 11/22/2016 01:30 PM in Courtroom 4, 17th Floor, San Francisco. Case Management Statement due by 11/15/2016. Motions due by 11/8/2016. Responses due by 12/6/2016. Replies due by 12/20/2016. Motion Hearing set for 1/26/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Signed by Judge Vince Chhabria on 10/19/2016. (vclc2S, COURT STAFF) (Filed on 10/19/2016)

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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
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 Boilermakers Western States Joint Apprenticeship Program
and International Brotherhood of Boilermakers
Additional counsel listed on following page

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TERESA CAPONIO,

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Plaintiff,

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vs.

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

Case Number: 16-cv-3919-VC

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JOINT STIPULATION AND
[PROPOSED] ORDER CONTINUING
DEADLINES FOR MOTION TO
DISMISS BRIEFING
Complaint Filed: July 12, 2016
Amended Complaint Filed: October 5, 2016

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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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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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Attorneys for Defendants Boilermakers Local 549
And co-counsel for Boilermakers Western States Joint Apprenticeship Program and
International Brotherhood of Boilermakers

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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,

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the following Stipulation is entered into by 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, Defendants have filed Motions to Dismiss with prejudice;

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WHEREAS, the Motions to Dismiss were noticed to be heard on November 10, 2016;

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WHEREAS, the Court set the Case Management Conference on November 22, 2016;

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WHEREAS, on October 5, 2016, Plaintiff filed her Amended Complaint;

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

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Defendants have agreed to the following deadlines for briefing for to-be-filed renewed motions

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to dismiss to the Amended Complaint: Defendants’ Renewed Motions to Dismiss to be filed by

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November 8, 2016; Plaintiff’s Opposition by December 6, 2016; Defendants’ Reply in Support

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by December 20, 2016; and

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WHEREAS Defendants are canceling the hearing on the currently pending Motions to

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Dismiss, scheduled for November 10, 2016 and will notice the Renewed Motions to Dismiss to

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be heard on January 26, 2017;

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IT IS HEREBY STIPULATED AS FOLLOWS:

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The Parties respectfully request the Court cancel the November 10, 2016 hearing date on

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the currently pending Motions to Dismiss, and continue the Case Management Conference

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currently set for November 22, 2016 to January 26, 2017, to coincide with the anticipated motion

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hearing; or if that date is improper for a case management conference, on the earliest available

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date thereafter, January 31, 2017.

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The Parties further respectfully request that the Court permit the following deadlines for
briefing for to-be-filed renewed motions to dismiss to the Amended Complaint: 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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Renewed Motions to Dismiss to be filed by November 8, 2016; Plaintiff’s Opposition by

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December 6, 2016; Defendants’ Reply in Support by December 20, 2016.

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Dated: October ____, 2016

Respectfully Submitted,

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/s/ Jason R. McClitis

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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

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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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JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT
CONFERENCE AND BRIEFING DEADLINES
Case No. 16-cv-3919
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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: October 19 , 2016

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____________
HON. VINCE CHHABRIA
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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