Dumas v New United Motor Manufacturing , Inc

Filing 45

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Motions due by 7/29/2011.. Signed by Judge ARMSTRONG on 4/28/11. (lrc, COURT STAFF) (Filed on 5/12/2011)

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ERIC C. BELLAFRONTO, Bar No. 162102
[e-mail]
SUZANNE R. NESTOR, Bar No. 217984
[e-mail]
ERICA H. KELLEY, Bar No. 221702
[e-mail]
LITTLER MENDELSON
A Professional Corporation
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone:
408.998.4150
Facsimile:
408.288.5686

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Attorneys for Defendants
NEW UNITED MOTOR MANUFACTURING,
INC.

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RONALD DUMAS
Plaintiff, In Pro Per

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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RONALD DUMAS,

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Plaintiff,

Case No. 09-05290 SBA
STIPULATION AND ORDER TO
MODIFY CASE MANAGEMENT ORDER

v.
[FRCP 16(B)(4)]

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NEW UNITED MOTOR
MANUFACTURING, INC. (“NUMMI”),
a California Corporation; GARRETT
EMERY, an individual; a business entity of
unknown form; and DOES 1-20, inclusive,,
Defendant.

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

JOINT STIP TO MODIFY SCHEDULING
ORDER (NO. 09-05290 SBA)

Judge: Saundra B. Armstrong

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Pursuant to Federal Rule of Civil Procedure 16(b)(4), Plaintiff Ronald Dumas, in pro per, and

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Defendant New United Motor Manufacturing, Inc. (“NUMMI”) hereby stipulate as follows:

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WHEREAS, the Court’s current Case Management Order set Non-Expert Discovery

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Cut-Off for May 2, 2011, Dispositive Hearing Deadline for June 21, 2011, and a Pre-trial Settlement

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Conference for July 6, 2011, among other deadlines;

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WHEREAS, Defendant timely served Plaintiff with written discovery requests for
response, and timely noticed his deposition to take place on or before the discovery cut-off;

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WHEREAS, Plaintiff notified Defendant that he is in the process of speaking with

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and attempting to secure counsel and requires additional time to prepare his discovery responses and

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appear for his deposition;

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WHEREAS, the Parties are cooperating to address these issues and have agreed that

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Plaintiff’s Deposition will take place on May 24, 2011 and June 7, 2011, and that he will produce all

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documents within his possession, custody or control to counsel for Defendant by June 1, 2011 via

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Federal Express;

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WHEREAS, the Parties agree that because Defendant has agreed to continue

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Plaintiff’s discovery response deadline and deposition to accommodate Plaintiff’s time constraints

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and attempt to secure counsel, Defendant will not be in a position to file a dispositive motion until

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after completing Plaintiff’s deposition, and beyond the date by which dispositive motions currently

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are required to be filed in this matter;

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WHEREAS, the Parties agree that it would prejudice Plaintiff if he were not

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permitted additional time to serve his discovery responses and that it would prejudice Defendant if it

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were prohibited from filing a dispositive motion;

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WHEREAS, the Parties further agree that, in the interests of judicial economy, the
July 6, 2011 settlement conference should be conducted after a dispositive motion hearing; and
WHEREAS, the Parties have not made any previous requests to modify the Case
Management Order by stipulation.

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

JOINT STIP TO MODIFY SCHEDULING
ORDER (NO. 09-05290 SBA)

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NOW, THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE,

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based on the foregoing circumstances, to request that the Court establish the following modified

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deadlines:

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Discovery Cut-Off: Plaintiff shall be permitted to serve his discovery responses to

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the outstanding discovery that was properly and timely served and due prior to the current discovery

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cut-off on June 1, 2011, via Federal Express delivery to counsel for Defendant. Defendant shall be

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permitted to conduct Plaintiff’s deposition on May 24, 2011 and June 7, 2011, beginning at 10:00

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a.m. on each day.

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Dispositive Motion Hearing Deadline: The dispositive motion hearing deadline

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shall be continued to July 29, 2011, or as soon thereafter as the Court’s calendar permits, to allow

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the parties sufficient time to complete the deposition of Plaintiff and file a dispositive motion.

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Pre-Trial Settlement Conference: The Pre-trial Settlement Conference shall be

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continued from July 6, 2011 to August 5, 2011, or as soon thereafter as the Court’s calendar permits.

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Dated: April 20, 2011
ERIC C. BELLAFRONTO
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendant
NEW UNITED MOTOR MANUFACTURING, INC.

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Dated: April 20, 2011
RONALD DUMAS
PLAINTIFF, IN PRO PER

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IT IS SO ORDERED.

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Dated:

4/28/11

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___________________________________________
THE HONORABLE SAUNDRA B. ARMSTRONG
United States District Judge

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

JOINT STIP TO MODIFY SCHEDULING
ORDER (NO. 09-05290 SBA)

3.

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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RONALD DUMAS et al,
Plaintiff,

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v.
NEW UNITED MOTOR MANUFACTURING ,
INC et al,
Defendant.
/

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Case Number: CV09-05290 SBA

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CERTIFICATE OF SERVICE

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.

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That on May 12, 2011, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle
located in the Clerk's office.

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Ronald Dumas
942 91st Avenue
Oakland, CA 94603

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Dated: May 12, 2011

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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Firmwide:101271418.1 048320.1047

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

JOINT STIP TO MODIFY SCHEDULING
ORDER (NO. 09-05290 SBA)

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