Kappelman v. California Unemployment Insurance Appeals Board

Filing 26

STIPULATION AND ORDER RE 25 CONTINUING MOTION HEARING AND CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/13/2018. Further Case Management Conference set for 12/20/2018 at 11:00 AM in San Francisco, Chambers. All parties shall appear telephonically and must contact Court Conference at [phone] at least one week prior to the Conference to arrange their participation. Signed by Judge Richard Seeborg on 10/29/18. (cl, COURT STAFF) (Filed on 10/29/2018)

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XAVIER BECERRA
Attorney General of California
SUSAN M. CARSON
Supervising Deputy Attorney General
CAROLYN O. TSAI
Deputy Attorney General
State Bar No. 239631
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Respondents

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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WILLIAM KAPPELMAN,

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Petitioner, STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING ON
v.
MOTION TO DISMISS AND
CONTINUING CASE MANAGEMENT
CONFERENCE
CALIFORNIA UNEMPLOYMENT
INSURANCE APPEALS BOARD,
PATRICK HENNING, Director,
Employment Development Department, and
EMPLOYMENT DEVELOPMENT
DEPARTMENT,,

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Case No. 3:18-cv-03104-RS

Respondents.

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Stipulation and [Proposed] Order re Continuances (3:18-cv-03104)

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Pursuant to Rule 7-12 and 16-2(e) of the Northern District of California Local Rules,
Petitioners and Respondents, through their counsel of record, hereby stipulate as follows:

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(1) Respondents’ motion to dismiss is set to be heard on November 8, 2018 at 1:30 p.m.

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(2) A case management conference is set for November 29, 2018 at 11:00 a.m.

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(3) Counsel for Respondents is unexpectedly unavailable from October 26, 2018 until

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November 2, 2018 and on November 8, 2018. Foremost, counsel is unavailable during this time

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because a discovery dispute in another matter, I.N. v. Kent, 3:18-cv-03099-WHA, resulted in an

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October 23, 2018 Court order in the matter which requires the parties to complete several

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depositions in one week. In the same case, another order from a magistrate judge set a

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settlement conference on November 2, 2018. Moreover, another deposition had already been

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scheduled on November 6, 2018, again in the same matter, and cannot be moved. In short, the

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events in this other matter have overwhelmed Respondents’ counsel’s calendar for the last week

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of October and the first week of November.

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(4) The parties, through their counsel of record, have met and conferred, and based on that,

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stipulate that the hearing on Respondents’ motion to dismiss be continued to December 6, 2018

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at 1:30 p.m. The parties further stipulate that Petitioners’ brief in opposition to the pending

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motion to dismiss will be filed and served no later than November 8, 2018, and Respondents’

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brief in reply to the opposition will be filed and served no later than November 21, 2018. The

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parties further stipulate that the case management conference be continued to December 20, 2018

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at 11:00 a.m., with telephonic appearances, and that the joint case management conference

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statement shall be filed no later than December 13, 2018.

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IT IS SO STIPULATED.
Dated: October 26, 2018

_/s/ Carolyn O. Tsai______
Carolyn O. Tsai
Attorney for Respondents

Dated: October 26, 2018

/s/ Veronica Kontilis____
Veronica Kontilis
Attorney for Petitioner

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Stipulation and [Proposed] Order re Continuances (3:18-cv-03104)

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Having considered the above stipulation of the parties, and for good cause shown, the hearing for

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Respondents’ motion to dismiss, currently set for November 8, 2019, is continued to December 6,

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2018 at 1:30 p.m., and the case management conference currently set for November 29, 2018 is

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continued to December 20, 2018 at 11:00 am., with telephonic appearances. The joint case

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management conference statement shall be filed no later than December 13, 2018.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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10/29/18
Dated: ___________________________

__________________________
The Hon. Richard Seeborg

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* All parties shall appear telephonically and must contact Court Conference at
[phone] at least one week prior to the Conference to arrange their
participation

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Stipulation and [Proposed] Order re Continuances (3:18-cv-03104)