Equal Employment Opportunity Commision v. Alltech, Inc.

Filing 50

STIPULATION AND ORDER REQUESTING EXTENSION OF CONDITIONAL ORDER OF DISMISSAL AND/OR MOTION TO REOPEN CASE. Signed by Judge ARMSTRONG NUNC PRO TUNC on 10/23/05. (lrc, COURT STAFF) (Filed on 12/13/2005)

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Equal Employment Opportunity Commision v. Alltech, Inc. Doc. 50 Case 4:04-cv-03025-SBA Document 50 Filed 12/13/2005 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WILLIAM R. TAMAYO, SBN 084965 (CA) JONATHAN T. PECK, SBN 12303 (VA) MARCIA L. MITCHELL, SBN 18122 (WA) U.S. EEOC 350 The Embarcadero, Suite 500 San Francisco, CA 94105 Telephone No. (415) 625-5651 Fax No. (415) 625-5657 Attorneys for Plaintiff OLIVER JONES - SBN #64254 SUANE THOMPSON JONES & THOMPSON 6334 Telegraph Avenue Oakland, CA 94609 Telephone: (510) 655-7786 Attorneys for Plaintiff D. GREGORY VALENZA - SBN 161250 CHARLES G. WILLIAMS - SBN 172907 JACKSON LEWIS LLP 199 Fremont Street, 10th Floor San Francisco, CA 94105 Telephone: (415) 394-9400 Fax: (415) 394-9401 Attorneys for Defendant UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: No. C 04 3025 SBA STIPULATION REQUESTING EXTENSION OF CONDITIONAL ORDER OF DISMISSAL AND/OR MOTION TO REOPEN CASE (AND ORDER) Plaintiff CHE PRESANT, Plaintiff- Intervenor vs. ALLTECH, INC., Defendant -1 Dockets.Justia.com Case 4:04-cv-03025-SBA Document 50 Filed 12/13/2005 Page 2 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties to the above-entitled action hereby stipulate as follows: 1. On September 22, 2005 this court held a Case Management Conference for this action and related cases (C04-3309 and C05-1831). During the conference, the parties informed the court that they believed they had reached an agreement to settle this case and the related cases . The EEOC, Alltech and Ms. Presant also informed the court that they intended to file a Settlement Agreement specific to this action that included a provision for the court to retain jurisdiction over the case for the purpose of enforcing the Settlement Agreement. 2. The court subsequently entered an Order Dismissing Action on September 23, 2005. Pursuant to the order, the case would be dismissed with prejudice unless Deleted: any party moved to reopen the case within thirty days. The EEOC, Alltech and Ms. Presant understood that the case would not be dismissed as long as they filed the Settlement Agreement prior to the expiration of thirty days. 3. On October 20, 2004, Charles G. Williams, attorney for Alltech, Inc., informed EEOC attorney, Marcia L. Mitchell about a issue between Alltech and the EEOC n which Alltech had not previously addressed and which requires resolution before Alltech will approve the settlement. The decision makers at the EEOC are out of the office and unavailable to address the issue before October 24, 2005, the deadline for the parties to file the Settlement Agreement and to avoid a dismissal of the case pursuant to the terms of the court's order. 4. EEOC and Ms. Presant agree that it is premature to dismiss the case at this time so that EEOC and Alltech may resolve the outstanding issue that currently -2 Case 4:04-cv-03025-SBA Document 50 Filed 12/13/2005 Page 3 of 4 1 2 3 4 5 impedes settlement. Alltech is not opposed to an extension of the court's previous 30 day limit for an additional 30 days. 5. The parties also agree that it remains likely that the case will still settle. The parties therefore are not asking the court to reschedule the trial date at this time. Instead, they are asking the court to extend the deadline for filing the Settlement 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement by an additional thirty days (until November 23, 2005). On behalf of Plaintiff: /s/ MARCIA L. MITCHELL Senior Trial Attorney EQUAL EMPLOYMENT OPPORTUNITY COMMISSION On behalf of Plaintiff-Intervenor /s/ by phone approval OLIVER JONES Jones & Thompson On behalf of Defendant: /s/ by e-mail approval CHARLES G. WILLIAMS Jackson Lewis LLP -3 Case 4:04-cv-03025-SBA Document 50 Filed 12/13/2005 Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER The court having considered the stipulation of the parties now or ers as follows: d 1. 2. The Order Dismissing Action dated September 23, 2005 is hereby vacated. This action and all claims stated herein is hereby dismissed with prejudice. In the event that the settlement is not reached, any party may move to reopen the case and the trial will be rescheduled, provided that such motion is filed within 30 days of this order. IT IS SO ORDERED. NUNC PRO TUNC DATED: 10/23/05 HONORABLE SANDRA B. ARMSTRONG U.S. DISTRICT COURT JUDGE -4

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