Kelly v. Bay Area Toll Authority et al

Filing 42

STIPULATION AND ORDER RE 41 to Continue Deadline to File Joint Discovery Letter. Signed by Judge Richard Seeborg on 2/23/17. (clS, COURT STAFF) (Filed on 2/23/2017)

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LAFAYETTE & KUMAGAI LLP
GARY T. LAFAYETTE (SBN 88666)
REBECCA K. KIMURA (SBN 220420)
MELISSA A. DUBBS (SBN 163650)
1300 Clay Street, Suite 810
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
XEROX STATE & LOCAL SOLUTIONS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MICHELLE KELLY, an individual, on
behalf of herself and those similarly
situated,

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Plaintiff,

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v.

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BAY AREA TOLL AUTHORITY;
GOLDEN GATE BRIDGE, HIGHWAY
AND TRANSPORTATION DISTRICT;
XEROX STATE AND LOCAL
SOLUTIONS, INC.; and DOES 1-100,

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Case No. 3:16-cv-06837-RS
FOURTH STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DATES IN THE
COURT’S JANUARY 27, 2017 ORDER
REQUIRING PARTIES TO MEET AND
CONFER

Defendants.

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Action Filed: September 7, 2016
Action Removed: November 28, 2016

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STIPULATION AND REQUEST

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Plaintiff Michelle Kelly (“Plaintiff”) and Defendants XEROX STATE AND LOCAL

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SOLUTIONS, INC. (“Xerox”), BAY AREA TOLL AUTHORITY ("BATA") and GOLDEN

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GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT ("the District")

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(collectively “Defendants”) (collectively referred to as the “Parties”) through their respective

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counsel hereby stipulate as follows:

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WHEREAS, on January 18, 2017, Xerox filed a letter with the Court requesting guidance
on a discovery dispute with Plaintiff;
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FOURTH STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES IN THE COURT’S JANUARY
27, 2017 ORDER REQUIRING PARTIES TO MEET AND CONFER (Case No. 3:16-cv-06837)

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WHEREAS, on January 20, 2017, Plaintiff filed a letter with the Court in response;

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WHEREAS, on January 27, 2017, the Court issued an Order Requiring Parties to Meet

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and Confer over the items in the discovery letters (the “Order”);

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WHEREAS, paragraph 2 of the Order requires the Parties to meet and confer and file a
joint supplemental letter reflecting the results of those efforts by February 8, 2017;

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WHEREAS, pursuant to the Order, the Parties met and conferred by telephone on January

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30, 2017, February 2, 2017 and February 6, 2017 over the items in Xerox’s and Plaintiff’s

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discovery letters;

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WHEREAS, on February 7, 2017, the Parties filed a Stipulation and Proposed Order

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requesting to continue the deadline to file a joint supplemental letter to February 15, 2017, which

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the Court granted;

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WHEREAS, the Parties continued to meet and confer on February 14, 2017, and by email

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on February 14, 2017 and February 15, 2017 over the items in Xerox’s and Plaintiff’s discovery

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letters;

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WHEREAS, on February 15, 2017, the Parties did not conclude their meet and confer

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efforts and requested another continuance of the deadline to file a joint supplemental letter to

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February 17, 2017, which the Court granted;

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WHEREAS, the Parties continued to meet and confer on February 17, 2017 but did not

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concluded their efforts, and requested another continuance of the deadline to file a joint

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supplemental letter to February 22, 2017, which the Court granted;

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WHEREAS, on February 21, 2017, and February 22, 2017, the Parties continued to meet

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and confer over the items in Xerox’s and Plaintiff’s discovery letters, but have not concluded

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their efforts;

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NOW, THEREFORE, IT IS HEREBY STIPULATED by and between the Parties through

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their respective attorneys of record that the deadline to file a joint supplemental letter reflecting

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the results of the Parties’ meet and confer efforts be extended to February24, 2017.

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FOURTH STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES IN THE COURT’S JANUARY
27, 2017 ORDER REQUIRING PARTIES TO MEET AND CONFER (Case No. 3:16-cv-06837)

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DATED: February 22, 2017

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LINDEMANN LAW FIRM, APC
/s/ Blake J. Lindemann
BLAKE J. LINDEMANN
Attorneys for Plaintiff
MICHELLE KELLY

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DATED: February 22, 2017

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LAFAYETTE & KUMAGAI LLP
/s/ Rebecca K. Kimura
REBECCA K. KIMURA
Attorney for Defendants
XEROX STATE AND LOCAL SOLUTIONS, INC.

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DATED: February 22, 2017

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HANSON BRIDGETT LLP
/s/ Samantha D. Wolff
SAMANTHA D. WOLFF
Attorney for Defendants GOLDEN GATE
BRIDGE, HIGHWAY AND TRANSPORTATION
DISTRICT AND BAY AREA TOLL AUTHORITY

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SIGNATURE ATTESTATION
I hereby attest that I have obtained the concurrence of Blake Lindemann, counsel

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for Plaintiff, and Samantha Wolff, counsel for Defendants Golden Gate Bridge, Highway

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and Transportation District and Bay Area Toll Authority, for the filing of this

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stipulation.

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/s/ Rebecca K. Kimura

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FOURTH STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES IN THE COURT’S JANUARY
27, 2017 ORDER REQUIRING PARTIES TO MEET AND CONFER (Case No. 3:16-cv-06837)

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ORDER

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Good cause appearing therefor and pursuant to the parties’ stipulation, it is hereby

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ORDERED that the deadline to propose a special master for appointment and the deadline to file

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a joint supplemental letter reflecting the results of the Parties’ meet and confer efforts be

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extended to February 24, 2017.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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2/23
DATED: ______________, 2017

____________________________________
RICHARD SEEBORG
United States District Judge

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FOURTH STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES IN THE COURT’S JANUARY
27, 2017 ORDER REQUIRING PARTIES TO MEET AND CONFER (Case No. 3:16-cv-06837)