Equal Employment Opportunity Commission v. Overnite Corporation et al

Filing 44

ORDER re 43 granting as modified STIPULATION To Continue Case Management Deadlines. Further Case Management Conference set for 6/4/2009 02:00 PM. Jury Trial set for 10/26/2009 08:30 AM. Motion Hearing set for 6/4/2009 02:00 PM. Pretrial Conference set for 8/25/2009 02:00 PM.. Signed by Judge Claudia Wilken on 3/2/09. (scc, COURT STAFF) (Filed on 3/2/2009)

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KATHERINE C. HUIBONHOA (SB# 207648) AMY C. HIRSH (SB# 246533) PAUL, HASTINGS, JANOFSKY & WALKER LLP 55 Second Street Twenty-Fourth Floor San Francisco, CA 94105-3441 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants UPS GROUND FREIGHT, INC., d/b/a UPS FREIGHT and UNITED PARCEL SERVICE, INC. WILLIAM R. TAMAYO (SB# 084965) (CA) JONATHAN T. PECK (SB# 12303) (VA) CINDY O'HARA (SB# 114555) (CA) EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 350 The Embarcadero, Suite 500 San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

J O H

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, vs. UPS GROUND FREIGHT, INC., d/b/a UPS FREIGHT and UNITED PARCEL SERVICE, INC., Defendants.

Case No. C-07-4994 CW STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; DECLARATION OF AMY C. HIRSH; ORDER AS MODIFIED

Case No. C-07-4994 CW

STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; ORDER

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WHEREAS the parties conducted mediation sessions on August 20, 2008 and September 9, 2008 with Jacqueline Corley through the Court's ADR Program, WHEREAS the parties have reached an agreement as to monetary settlement and are finalizing the terms of a consent decree, WHEREAS the parties are in the final stages of negotiating settlement of this

WHEREAS finalization of the parties' settlement has been delayed in part due to the out of town location of the charging party, WHEREAS the parties believe that it would be productive and meaningful to continue to conserve resources and stay discovery until they finalize their settlement, WHEREAS the parties believe final resolution of this matter is imminent and hope to reach a resolution within the next 45 days, but if not, believe they will need additional time to further evaluate the case and conduct discovery in light of delayed scheduling and taking depositions due to witness illness and out-of-town location, IT IS HEREBY STIPULATED by and between the parties hereto, through their respective counsel, that the dates listed in the Minute Order and Case Management Order be modified as follows: // // // // // // // // // // //
Case No. C-07-4994 CW

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STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; ORDER

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Case No. C-07-4994 CW

Current Date Deadline to Hear Case Dispositive Motions Date of Next Case Management Conference Completion of Fact Discovery Disclosure of Identities and Reports of Expert Witnesses Completion of Expert Discovery Final Pretrial Conference Jury Trial April 9, 2009 April 9, 2009 April 23, 2009 May 7, 2009 June 18, 2009 July 28, 2009 August 24, 2009

Proposed Date June 4, 2009 June 4, 2009 June 18, 2009 July 2, 2009 August 13, 2009 August 25, 2009 September 28, 2009

THEREFORE, the parties do hereby stipulate to allowing the changes in the Case Management Order and request continuances as proposed above. Dated: February ___, 2009 KATHERINE C. HUIBONHOA AMY C. HIRSH PAUL, HASTINGS, JANOFSKY & WALKER LLP

By: AMY C. HIRSH Attorneys for Defendants UPS GROUND FREIGHT, INC., d/b/a UPS FREIGHT and UNITED PARCEL SERVICE, INC. Dated: February ___, 2009 WILLIAM R. TAMAYO JONATHAN T. PECK CINDY O'HARA EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

By: CINDY O'HARA Attorneys for Plaintiff EQUAL EMPLOYMENT OPPORTUNITY COMMISSION -2STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; ORDER

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DECLARATION OF AMY C. HIRSH

I, Amy C. Hirsh, declare:

I am an attorney at law licensed to practice before the Courts of the State of

California and before this Court. I am an associate with the law firm of Paul, Hastings, Janofsky & Walker LLP ("Paul Hastings"), attorneys for Defendants UPS Ground Freight, Inc., d/b/a UPS Freight and United Parcel Service, Inc. If called as a witness, I would and could competently testify thereto to all facts within my personal knowledge except where stated upon information and belief. 2. The parties attended their first and second mediation sessions on August

20, 2008, and September 9, 2008, respectively. 3. During the September 9, 2008 mediation session, the parties reached an

agreement on the terms of monetary settlement and agreed to hold additional meetings to negotiate the remaining terms of settlement, including the terms of a consent decree. 4. Since the September 9, 2008 mediation session, the parties have met

numerous times to discuss the terms of the proposed consent decree. The parties are close to finalizing the terms of the consent decree. 5. Negotiations have been delayed in part due to the due to the out of town

location of the charging party, though the parties are in the final stages of negotiating settlement of this action. 6. In light of the substantial progress the parties have made on settlement of

this matter, the parties believe that a stipulation to extend case management deadlines would further final settlement of this case. 7. Good cause exists to extend the case management dates in this case by

approximately 45 days because the parties agree that it would be helpful and efficient and would promote the interests of judicial economy to further stay discovery and litigation while they exhaust settlement efforts.
Case No. C-07-4994 CW

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STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; ORDER

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8.

Additionally, while the parties do not anticipate a breakdown in settlement

negotiations, should one occur, both parties require additional time to conduct and complete discovery, and believe that it would be mutually beneficial and serve the interests of justice to have additional time to conduct and complete discovery and further evaluate the case. The parties further need additional time to conduct discovery because of witness illness and out-of-town location. I declare under penalty of perjury under the laws of the State of California and the United States that the foregoing is true and correct. Executed this _____ day of February, 2009, at San Francisco, California.

________________________________________ AMY C. HIRSH

Case No. C-07-4994 CW

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STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; ORDER

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Case No. C-07-4994 CW
LEGAL_US_W # 61102683.1

ORDER It is ordered that the case management dates in this matter be continued as follows:

Current Date Deadline to Hear Case Dispositive Motions Date of Next Case Management Conference Completion of Fact Discovery Disclosure of Identities and Reports of Expert Witnesses Completion of Expert Discovery Final Pretrial Conference Jury Trial April 9, 2009 April 9, 2009 April 23, 2009 May 7, 2009 June 18, 2009 July 28, 2009 August 24, 2009

Proposed Date June 4, 2009 June 4, 2009 June 18, 2009 July 2, 2009 August 13, 2009 August 25, 2009 October 26, 2009

IT IS SO ORDERED. 3/2/09 DATED: ____________________. ______________________________________ CLAUDIA WILKEN Judge, United States District Court

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STIPULATION TO CONTINUE CASE MANAGEMENT DEADLINES; ORDER