Warner v. Sears Holding Corporation et al

Filing 25

STIPULATION AND ORDER: to Continue Private Mediation. Signed by Judge Saundra Brown Armstrong, on 6/15/09. (lrc, COURT STAFF) (Filed on 6/15/2009) Modified on 6/16/2009 (jlm, COURT STAFF).

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GARY R. BASHAM (SBN 130119) DEREK C. DECKER (SBN 232243) BASHAM PARKER LLP 701 University Avenue, Suite 220 Sacramento, California 95825 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants SEARS HOLDINGS CORPORATION, erroneously sued as SEARS HOLDING CORPORATION, and SEARS, ROEBUCK AND CO.

PHIL HIROSHIMA, ESQ.(SBN: 50758) DEAN SCHIRMER, ESQ.(SBN: 146407) JON DAGGETT, ESQ.(SBN: 227375) HIROSHIMA, JACOBS, ROTH and LEWIS 1420 River Park Drive, Second Floor Sacramento, CA 95815 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff DENNIS WARNER

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALI-ORNIA DENNIS WARNER, Plaintiff, v. SEARS HOLDING CORPORATION; SEARS, ROEBUCK AND CO. and DOES 1 through 50, inclusive, Defendants. Case No. 08-CV-5578 SBA STIPULATION TO CONTINUE PRIVATE MEDIATION COMPLETION DATE AND ORDER

Complaint Filed: August 8, 2008 Trial Date: None

On May 13, 2009, the Court ordered the parties to complete Court mediation by July 7, 2009, or private mediation by August 3, 2009. The parties have agreed to engage in private mediation, and have filed a stipulation with the Court to that effect. However, due to numerous calendar conflicts for both Plaintiff and Defense counsel, the earliest available dates either side would have for depositions would be on or about July 13, 2009. Multiple depositions are needed in this matter. In order to allow sufficient time to take necessary depositions, as well as to allow time to process the information gleaned from these depositions and engage in meaningful mediation, both parties have agreed to continue the private mediation completion date for a short period of thirty (30) days, and request that the Court grant this continuance as per the stipulation below. . IT IS HEREBY STIPULATED AND AGREED by and between counsel for Plaintiff Dennis Warner ("Plaintiff") on the one hand, and counsel for Defendants Sears Holdings
STIPULATION TO CONTINUE PRIVATE MEDIATION COMPLETION DATE AND [PROPOSED] ORDER

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CASE NO. 08-CV-5578 SBA

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Corporation and Sears Roebuck and Co. (collectively "Defendants"), on the other hand, that the private mediation completion deadline for this matter shall be extended thirty (30) days, from August 3, 2009, to September 2, 2009. Dated: ______________________ BASHAM PARKER LLP By: Gary R. Basham Derek C. Decker Attorneys for Defendants SEARS HOLDINGS CORPORATION, erroneously sued as SEARS HOLDING CORPORATION, and SEARS, ROEBUCK AND CO. Dated: ______________________ HIROSHIMA, JACOBS, ROTH and LEWIS By: Phil Hiroshima Dean Schirmer Jon Daggett Attorneys for Plaintiff DENNIS WARNER

ORDER PURSUANT TO STIPULATION by and between counsel for Plaintiff Dennis Warner ("Plaintiff") on the one hand, and counsel for Defendants Sears Holdings Corporation and Sears Roebuck and Co. (collectively "Defendants"), on the other hand, that the private mediation completion deadline for this matter shall be extended thirty (30) days, from August 3, 2009, to September 2, 2009.

IT IS SO ORDERED:

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA __________________________________ UNITED STATES DISTRICT JUDGE 2
CASE NO. 08-CV-5578 SBA

Dated: 6/15/09

STIPULATION TO CONTINUE PRIVATE MEDIATION COMPLETION DATE AND [PROPOSED] ORDER