Rivera v. Costco Wholesale Corporation

Filing 30

ORDER re 29 granting STIPULATION to Continue Early Neutral Evaluation. Signed by Judge Claudia Wilken on 11/4/08. (scc, COURT STAFF) (Filed on 11/4/2008)

1 ALICIA OLIVARES (SBN 181412) THE FELDMAN LAW FIRM 2 A Professional Law Corporation 10100 Santa Monica Blvd., Suite 2490 3 Los Angeles, California 90067 Phone: [phone] Fax: [phone] Attorneys for Plaintiff, JOSE ISMAEL RIVERA 6 7 8 9
THE FELDMAN LAW FIRM

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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A PROFESSIONAL CORPORATION

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JOSE ISMAEL RIVERA, an individual, Plaintiff, vs. COSTCO WHOLESALE CORPORATION, a corporation, and DOES 1 through 100, inclusive, Defendants.

CASE NO. C 08-02202 CW Assigned to the Honorable Claudia Wilken, United States District Judge ­ Courtroom 2 STIPULATION AND ORDER EXTENDING TIME TO CONDUCT EARLY NEUTRAL EVALUATION

Plaintiff, Jose Ismael Rivera, and Defendant, Costco Wholesale Corporation, through

22 their respective attorneys of record, hereby stipulate to continue the Early Neutral Evaluation 23 currently set for November 19, 2008, in accordance with the following: 24 25 WHEREAS, the Court set a deadline to complete an Early Neutral Evaluation of

26 November 14, 2008, or as soon thereafter as is convenient to the mediator's schedule. 27 28 ______________________________________________________________________________ 1
STIPULATION TO CONTINUE DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION

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THE FELDMAN LAW FIRM

WHEREAS, the Court assigned this case to Marjorie Gelb as the Evaluator to conduct the ENE;

WHEREAS, the parties and the Evaluator agreed to conduct the ENE session and scheduled it for Wednesday, November 19, 2008 in San Francisco, California;

WHEREAS, the Parties are diligently working to schedule necessary depositions and complete necessary discovery in advance of the ENE;

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A PROFESSIONAL CORPORATION

WHEREAS, Plaintiff has requested mutually convenient dates from defendant to complete depositions of key decision-makers and witnesses;

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WHEREAS, due to scheduling conflicts and defense counsel's involvement in trial in another matter, the Parties will be unable to schedule necessary depositions prior to the ENE;

WHEREAS, the Parties wish to participate meaningfully in the ENE and are not seeking this continuance for the purposes of delay;

WHEREAS, the holiday period from November through December is the busiest time of year for defendant, Costco, thereby making it extremely difficult to produce its employees for deposition during that period of time;

WHEREAS, the Parties have consulted with the Evaluator and she has consented to the continuance and is available to conduct the ENE within the time requested by the Parties;

WHEREAS, Completion of Fact Discovery is January 9, 2009;

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STIPULATION TO CONTINUE DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION

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THE FELDMAN LAW FIRM

WHEREAS, the date of the next case management conference is February 26, 2009;

THEREFORE, the Parties stipulate as follows:

1. That the Early Neutral Evaluation currently scheduled on November 19, 2008 is off calendar and will be rescheduled to a date mutually convenient to the Parties and the Evaluator;

2. That the deadline to complete the Early Neutral Evaluation and/or mediation be continued from November 14, 2008 to February 26, 2009;

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A PROFESSIONAL CORPORATION

11 12 13 14 15 16 17 18 19 20 21 DATED: October ____, 2008 22 23 24 25 26 27 28 ______________________________________________________________________________ 3
STIPULATION TO CONTINUE DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION

SO STIPULATED.

DATED: October ____, 2008

THE FELDMAN LAW FIRM A Professional Corporation By: Alicia Olivares Attorneys for Plaintiff, JOSE ISMAEL RIVERA

SEYFARTH SHAW LLP

By: Jason T. Cooksey Lindsay S. Fitch Attorneys for Defendant, COSTCO WHOLESALE CORPORATION

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THE FELDMAN LAW FIRM

ORDER IT IS HEREBY ORDERED THAT, good cause having been shown, the deadline to complete the Early Neutral Evaluation shall be continued and reset as set forth below:

1. to

The Early Neutral Evaluation is to be rescheduled to a date mutually convenient

the Parties and the Evaluator.

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A PROFESSIONAL CORPORATION

2.

The date by which the Early Neutral Evaluation is to be held is continued from November 14, 2008 (or as soon thereafter as is convenient to the mediator's schedule), to February 26, 2009.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

IT IS SO ORDERED. 11/4/08 CLAUDIA WILKEN United States District Judge

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STIPULATION TO CONTINUE DEADLINE TO COMPLETE EARLY NEUTRAL EVALUATION