Kelly v. Worth Holdings, LLC et al

Filing 50

STIPULATION AND ORDER re 49 TO EXTEND DEADLINE TO COMPLETE SETTLEMENT CONFERENCE filed by Thomas Kelly. Signed by Judge Edward M. Chen on 5/31/18. (bpfS, COURT STAFF) (Filed on 5/31/2018)

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Michael G. Miller (SBN 136491)
Nicole M. Jaffee (SBN 255944)
PERRY, JOHNSON, ANDERSON,
MILLER & MOSKOWITZ, LLP
438 1st Street, 4th Floor
Santa Rosa, California 95401
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
THOMAS R. KELLY

KAUFMAN DOLOWICH & VOLUCK, LLP
KATHERINE S. CATLOS (SBN 184227)
[e-mail]
BRANDON KAHOUSH (SBN 311560)
[e-mail]
425 California Street, Suite 2100
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
WORTH HOLDINGS, LLC,
E.S. WEST COAST, LLC,
ENERGY SYSTEMS

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO

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THOMAS R. KELLY

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Plaintiff,
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v.
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WORTH HOLDINGS, LLC; E.S. WEST
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COAST, LLC individually and doing
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business as ENERGY SYSTEMS and DOES )
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Defendants.
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Case No.: 3:17-cv-02466-EMC
Action Filed: March 28, 2017
STIPULATION TO EXTEND DEADLINE TO
COMPLETE SETTLEMENT CONFERENCE
AND [PROPOSED] ORDER
Trial Date:
Courtroom:
Judge:

January 14, 2019
5, 17th Floor
Hon. Edward M. Chen

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-1STIPULATION TO EXTEND DEADLINE TO COMPLETE SETTLEMENT CONFERENCE
USDC CASE NO. 3:17-CV-02466-EMC

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Plaintiff Thomas R. Kelly (“Plaintiff” or “Mr. Kelly”) and Defendants E.S. West Coast, LLC dba
Energy Systems (“E.S. West Coast”) and Worth Holdings, LLC (“Worth Holdings”) (collectively
referred to as “Defendants”) hereby submit this Joint Stipulation to Extend the Deadline to Complete
Mediation, and the Proposed Order.
On April 24, 2018, the Parties were ordered to complete a settlement conference before July
25, 2018. On April 30, 2018, the Court set a telephonic Scheduling Conference on May 4, 2018 to
set a date for the Scheduling Conference. Parties were to communicate with their clients regarding
availability before the telephone conference and must provide firm dates which they and their clients
could attend. On May 4, 2018, the Parties’ attorneys appeared by telephone before United States
Magistrate Judge Sallie Kim. Following discussion, the Parties agreed to July 6, 2018 as the
settlement conference date. Subsequently, Defendants advised they were not available for July 6,
2018. The Parties then met and conferred to find additional dates to provide to the Court.
Several scheduling conflicts necessitate extending the deadline to complete the settlement
conference beyond July 25, 2018. Specifically, Magistrate Judge Sallie Kim is in trial from July 10th
through July 13th, is out on the weeks of July 16 and 23 and has her weekly calendar on Mondays, so
she is unavailable on May 21, June 4, June 11, June 18, June 25, July 2, July 9, July 30, and August
6; of the dates when Judge Kim is available, Plaintiff and his counsel Michael Miller are available on
July 11, July 13, July 30, August 2 and August 7, 2018 ; a key decision-maker from E.S. West
Coast, LLC will be on vacation throughout the week of the Fourth of July; and Defense counsel
has preexisting depositions that week as well; Defense counsel is also scheduled to begin a 7 to 10
day trial on July 16th; and.
Based on all of these scheduling conflicts, Judge Kim has rescheduled the settlement
conference to August 7, 2018. Therefore, the Parties request an extension on the deadline to
complete the Court ordered settlement conference from July 25, 2018 to August 7, 2018.
By signing this Stipulation to Extend the Deadline to Complete the Settlement Conference
and [Proposed] Order, the counsel for each party listed below concur in its filing. This document is
being filed through the Electronic Case Filing system by attorney Michael G. Miller. By his

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-2STIPULATION TO EXTEND DEADLINE TO COMPLETE SETTLEMENT CONFERENCE
USDC CASE NO. 3:17-CV-02466-EMC

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signature, he attests that Plaintiff has obtained concurrence in the filing of this document from each
counsel signing the stipulation, pursuant to Civil Local Rule 5-1.

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DATED: May 30, 2018

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PERRY, JOHNSON, ANDERSON,
MILLER & MOSKOWITZ, LLP

KAUFMAN DOLOWICH
& VOLUCK, LLP

/s/_Michael G. Miller___________
Michael G. Miller
Attorneys for Plaintiff
THOMAS R. KELLY

/s/ Brandon Kahoush_______
Brandon Kahoush
Attorneys for Defendants
WORTH HOLDINGS, LLC, E.S. WEST
COAST, LLC, ENERGY SYSTEMS

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-3STIPULATION TO EXTEND DEADLINE TO COMPLETE SETTLEMENT CONFERENCE
USDC CASE NO. 3:17-CV-02466-EMC

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[PROPOSED] ORDER
The above STIPULATION TO EXTEND THE DEADLINE TO COMPLETE

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SETTLEMENT CONFERENCE & PROPOSED ORDER is approved this case and all parties shall

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comply with its provisions. [In addition, the Court makes the further orders stated below:]

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IT IS S

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UNITED STATES DISTRICT COURT JUDGE
HON. EDWARD M.RDERED
CHEN

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DATED: May ____, 2018

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IT IS SO ORDERED.

UNIT
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D IS T IC T O
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-4STIPULATION TO EXTEND DEADLINE TO COMPLETE SETTLEMENT CONFERENCE
USDC CASE NO. 3:17-CV-02466-EMC