Boyd v. Global Vision Products, Inc. et al

Filing 33

ORDER re 32 Stipulation Re: Meet and Confer and ADR Deadlines. Signed by Magistrate Judge Wayne D. Brazil on 3/4/2009. (hlk, COURT STAFF) (Filed on 3/4/2009) Modified on 3/5/2009 (cjl, COURT STAFF).

1 Scott A. Bursor LAW OFFICES OF SCOTT A. BURSOR 2 369 Lexington Avenue, 10th Floor New York, NY 10017 3 Telephone: [phone] Facsimile: [phone] 4 Anthony Vozzolo 5 Christopher Marlborough FARUQI & FARUQI, LLP 6 369 Lexington Avenue, 10th Floor New York, New York 10017 7 Telephone: [phone] Facsimile: [phone] 8 Alan R. Plutzik (State Bar No. 077785) 9 L. Timothy Fisher (State Bar No. 191626) BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP 10 2125 Oak Grove Road, Suite 120 Walnut Creek, CA 94598 11 Telephone: [phone] Facsimile: [phone] 12 Attorneys for Plaintiff and the Class 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. CV-08-05581 WDB ORDER ON STIPULATION RE MEET AND CONFER AND ADR DEADLINES

16 JAMES THOMAS, on behalf of himself and all those similarly situated, 17 Plaintiff, 18 v. 19 GLOBAL VISION PRODUCTS, INC., 20 ANTHONY IMBRIOLO, DERRIKE COPE, DAVID L. GORDON, POWERTEL 21 TECHNOLOGIES, INC., CRAIG DIX, HENRY EDELSON and ROBERT DEBENEDICTIS, 22 Defendants. 23 24 25 26 27

28 STIPULATION RE MEET AND CONFER AND ADR DEADLINES
CASE NO. CV-08-05581-WDB
57662

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STIPULATION WHEREAS, defendant Robert DeBenedictis filed a notice of removal of the above-

3 entitled action on December 15, 2008; 4 WHEREAS, the Court issued an Order Setting Initial Case Management Conference and

5 ADR Deadlines on December 15, 2008 requiring the parties to meet and confer re: initial 6 disclosures, early settlement, ADR process selection, and a discovery plan by March 3, 2009; 7 WHEREAS, the December 15, 2008 order requires the parties to file an ADR

8 Certification and either a Stipulation to ADR Process or Notice of Need for ADR Phone 9 Conference by March 3, 2009; 10 WHEREAS, plaintiff James Thomas filed a motion for abstention or remand on January

11 23, 2009; 12 WHEREAS, the Court is scheduled to hear plaintiff's motion for abstention or remand on

13 March 18, 2009 at 1:30 p.m.; and 14 WHEREAS, the parties seek to postpone their meet and confer regarding initial

15 disclosures, early settlement, ADR process selection and a discovery plan and the deadlines to 16 file an ADR Certification and either a Stipulation to ADR Process or Notice of Need for ADR 17 Phone Conference until after the Court rules on the motion for abstention or remand. 18 NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by plaintiff James

19 Thomas and defendants Robert DeBenedictis and Henry Edelson and their respective counsel as 20 follows: 21 1. The deadline for the parties to meet and confer regarding initial disclosures, early

22 settlement, ADR process selection and a discovery plan shall be continued to two weeks after the 23 Court issues its order on plaintiff's motion for abstention or remand. 24 2. The deadline for the parties to file an ADR Certification and either a Stipulation

25 to ADR Process or Notice of Need for ADR Phone Conference shall also be continued to two 26 weeks after the Court issues its order on plaintiff's motion for abstention or remand. 27 28 STIPULATION RE MEET AND CONFER AND ADR DEADLINES
CASE NO. CV-08-05581-WDB
57662

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1 2 Dated: March 3, 2009 3 4 5 6 7 By: 8 9 10 11 12 13 14 15 16 Dated: March 3, 2009 17 18 19 20 LECLAIR RYAN Peter M. Hart (State Bar No. 107920) 44 Montgomery Street, 18th Floor San Francisco, CA 94104 Telephone: [phone] /s/ Peter M. Hart By: /s/ Sharon Lai Dated: March 3, 2009 /s/ L. Timothy Fisher BRAMSON, PLUTZIK, MAHLER & BIRKHAEUSER, LLP Alan R. Plutzik (State Bar No. 077785) L. Timothy Fisher (State Bar No. 191626) 2125 Oak Grove Road, Suite 120 Walnut Creek, CA 94598 Telephone: [phone]

Attorneys for Plaintiff James Thomas KRIEG KELLER SLOAN REILLY & ROMAN, LLP Sharon Lai (State Bar No. 249122) 114 Sansome Street, 4th Floor San Francisco, CA 94104 Telephone: [phone]

Attorneys for Defendant Henry Edelson

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By: ISTRIC ES D TC T TA

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Attorneys for Defendant Robert DeBenedictis

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28 STIPULATION RE MEET AND CONFER AND ADR DEADLINES
CASE NO. CV-08-05581-WDB
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ATTESTATION PURSUANT TO GENERAL ORDER 45 I, L. Timothy Fisher, attest that concurrence in the filing of this document has been obtained from the other signatory. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 3rd day of March, 2009 at Walnut Creek, California.

/s/ L. Timothy Fisher

28 STIPULATION RE MEET AND CONFER AND ADR DEADLINES
CASE NO. CV-08-05581-WDB
57662

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