Aparicio v. Comcast Cable Communications Management LLC

Filing 23

STIPULATION AND ORDER re 22 STIPULATION WITH PROPOSED ORDER Extending ADR Deadline filed by Comcast Cable Communications Management, LLC. Signed by Judge Jon S. Tigar on December 16, 2016. (wsn, COURT STAFF) (Filed on 12/15/2016)

Case 3:16-cv-03952-JST Document 22 Filed 12/14/16 Page 1 of 5

1 Mark S. Spring, State Bar No. 155114
[e-mail]
2 Nicole A. Legrottaglie, State Bar No. 271416
[e-mail]
3 CAROTHERS DISANTE & FREUDENBERGER LLP
900 University Avenue
4 Suite 200
Sacramento, California 95825
5 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant
7 COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC erroneously sued as COMCAST
8 INC, dba COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC, COMCAST CABLE
9 COMMUNICATIONS LLC, COMCAST HOLDINGS
CORPORATION, and COMCAST CORPORATION
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11 Daniel Ray Bacon, State Bar No. 103866
[e-mail]
12 J. Philip Martin, State Bar No. 55100
LAW OFFICES OF DANIEL RAY BACON
13 234 Van Ness Avenue
San Francisco, CA 94102
14 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
16 JORGE F. APARICIO
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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20 JORGE F. APARICIO,
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vs.

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Plaintiff,

COMCAST INC, doing business as COMCAST
23 CABLE COMMUNICATIONS
MANAGEMENT, LLC, COMCAST CABLE
24 COMMUNICATIONS LLC, COMCAST
HOLDINGS CORPORATION, and COMCAST
25 CORPORATION a Pennsylvania Corporation,
and DOES 1 through 50, inclusive,
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Defendants.
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Case No. 3:16-cv-03952-JST
JOINT STIPULATION EXTENDING
ADR DEADLINE
Action Filed: March 23, 2016
Trial Date:
August 7, 2017

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CAROTHERS DiSANTE &
FREUDENBERGER LLP

1154814.1

JOINT STIPULATION EXTENDING ADR
DEADLINE

Case 3:16-cv-03952-JST Document 22 Filed 12/14/16 Page 2 of 5

This Joint Stipulation extending the ADR deadline is entered into between Plaintiff Jorge F.

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2 Aparicio, on the one hand, and Defendant Comcast Communications Management, LLC on the
3 other hand, through their respective counsel of record, with reference to the following facts:
1. WHEREAS, the Parties have met and conferred regarding ADR and submitted a

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5 stipulation agreeing to participate in mediation pursuant to ADR Local Rule 6. The Parties further
6 agreed to hold the mediation by the presumptive deadline of 90 days from the date of the Court’s
7 order referring the case to ADR. The Court granted the Parties’ stipulation on September 29, 2016.
2. WHEREAS, the Parties have conferred with the court-appointed mediator and have

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9 agreed that additional time is necessary to conduct initial discovery and depositions in order to
10 have a fruitful mediation.
3. WHEREAS, Plaintiff also desires the extension because the Parties are awaiting the

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12 resolution of the grievance of Plaintiff’s termination through Plaintiff’s union which is still
13 pending.
4. WHEREAS, Comcast does not believe that the pending grievance between the

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15 Communications Workers of America and Comcast has anything to do with the ADR process in
16 this case and does not believe that it constitutes valid grounds for altering any dates, including the
17 ADR deadline, in this litigation. Nevertheless, Comcast desires additional time to conduct
18 discovery prior to mediation.
5. WHEREAS, the Parties agree to hold the ADR session on or before May 5, 2017.

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NOW, THEREFORE, based on the foregoing, the Parties agree and are stipulating herein,

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22 subject to the Court’s approval, to hold the ADR session on or before May 5, 2017.
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IT IS SO STIPULATED.

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CAROTHERS DiSANTE &
FREUDENBERGER LLP

1154814.1

JOINT STIPULATION EXTENDING ADR
DEADLINE

Case 3:16-cv-03952-JST Document 22 Filed 12/14/16 Page 3 of 5

1 Dated: December 14, 2016

CAROTHERS DISANTE & FREUDENBERGER LLP

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By: /s/ Nicole A. Legrottaglie
Nicole A. Legrottaglie
Attorneys for Defendant
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC

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Dated: December 14, 2016

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LAW OFFICES OF DANIEL BACON

By: /s/ Daniel Ray Bacon
Daniel Ray Bacon
Attorneys for Plaintiff
Jorge F. Aparicio

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CAROTHERS DiSANTE &
FREUDENBERGER LLP

1154814.1

JOINT STIPULATION EXTENDING ADR
DEADLINE

Case 3:16-cv-03952-JST Document 22 Filed 12/14/16 Page 4 of 5

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LOCAL RULE 5-1 ATTESTATION
In accordance with U.S. District Court for the Northern District of California Civil Local

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3 Rile 5-1 (i)(3), the filing attorney attests that concurrence in the filing of this document has been
4 obtained from each of the other Signatories, which shall serve in lieu of their signatures on the
5 document. The filing attorney will maintain records to support this concurrence for subsequent
6 production for the Court, if so ordered, or for inspection upon request by a party, until one year
7 after the final resolution of the action (including appeal, if any).
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9 Dated: December 14, 2016

CAROTHERS DISANTE & FREUDENBERGER LLP

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By: /s/ Nicole A. Legrottaglie
Nicole A. Legrottaglie
Attorneys for Defendant
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC erroneously sued as COMCAST
INC, dba COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC, COMCAST CABLE
COMMUNICATIONS LLC, COMCAST HOLDINGS
CORPORATION, and COMCAST CORPORATION

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CAROTHERS DiSANTE &
FREUDENBERGER LLP

1154814.1

JOINT STIPULATION EXTENDING ADR
DEADLINE

Case 3:16-cv-03952-JST Document 22 Filed 12/14/16 Page 5 of 5

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[PROPOSED] ORDER

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☐
X
☐

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The Parties’ stipulation is adopted and IT IS SO ORDERED.
The Parties’ stipulation is modified as follows, and IT IS SO ORDERED.

IT IS SO ORDERED.

Dated: December 15, 2016

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By:

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JON S. TIGAR
UNITED STATES DISTRICT JUDGE

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CAROTHERS DiSANTE &
FREUDENBERGER LLP

1154814.1

JOINT STIPULATION EXTENDING ADR
DEADLINE