Calderon v. Davey Tree Surgery Company

Filing 67

ORDER by Judge Saundra Brown Armstrong Granting 66 Stipulation REGARDING ATTENDANCE AT SETTLEMENT CONFERENCE. (ndr, COURT STAFF) (Filed on 8/12/2013)

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MICHAEL E. BREWER, Bar No. 177912
ALEXA L. WOERNER, Bar No. 267609
LITTLER MENDELSON, P.C.
A Professional Corporation
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
Telephone:
925.932.2468
Fax No.:
925.946.9809

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Attorneys for Defendant
DAVEY TREE SURGERY COMPANY
MICHAEL A. SANDS (CSB #178788)
[e-mail]
SAUNDRA L. M. RILEY (CSB #218084)
[e-mail]
SHEEVA J. GHASSEMI-VANNI (CSB # 246639)
[e-mail]
FENWICK & WEST, LLP
801 California Street
Mountain View, CA 94041
Telephone: [phone]
Facsimile: 650.938-5200

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Attorneys for Plaintiff
FELIPE CALDERON

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT

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OAKLAND DISVISION

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FELIPE CALDERON,

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Plaintiff,
v.

Case No. 4:11-CV-05486-SBA
STIPULATION AND [PROPOSED]
ORDER REGARDING ATTENDANCE
AT SETTLEMENT CONFERENCE

DAVEY TREE SURGERY COMPANY, and
DOES 1-50,
Hon. Saundra Brown Armstrong
Defendant.
Complaint Filed: July 22, 2011

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Plaintiff FELIPE CALDERON (“Plaintiff”) and Defendant DAVEY TREE
SURGERY COMPANY (“Defendant”) (collectively “The Parties”), hereby stipulate and agree to
CASE NO.: 4:11-cv-05486-SBA

LITTLER MENDELSON, P.C.
A PROFESSIONAL CORPORATION
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

Firmwide:122430080.1 001365.1154

STIPULATION AND [PROPOSED] ORDER REGARDING ATTENDANCE AT SETTLEMENT CONFERENCE

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the following:
WHEREAS, on May 2, 2012, the Parties participated in the Northern District of
California’s alternative dispute resolution process by attending an Early Neutral Evaluation;
WHEREAS, on April 15, 2013, the Court appointed Sheeva Ghassemi-Vanni as pro
bono counsel for Plaintiff;

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WHEREAS, through a July 31, 2013 case management conference, the Honorable

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Saundra Brown Armstrong suggested that the Parties again participate in the alternative dispute

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resolution process at this stage given that Plaintiff has newly appointed counsel, and requested that

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the Parties participate in a settlement conference with a magistrate judge in the next 60 days;

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WHEREAS, the Parties agree to participate in a settlement conference with a

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magistrate judge in the next 60 days. Defendant requests that this settlement conference be in lieu of

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the mandatory settlement conference scheduled for the time period of February 17, 2014 through

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March 21, 2014, as ordered in the Court’s August 1, 2013 Order for Pretrial Preparation. Plaintiff

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does not oppose this request.

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THEREFORE, IT IS HEREBY STIPULATED by and between the Parties, through
their respective counsel, that:
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The Parties will participate in a settlement conference with a magistrate judge

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within 60 days of the date of this stipulation and order. The Parties request that Magistrate Joseph

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Spero conduct the settlement conference.

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IT IS SO STIPULATED.

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Dated: August 7, 2013
/S/ Sheeva J. Ghassemi-Vanni
SHEEVA J.GHASSEMI-VANNI
FENWICK & WEST LLP
Attorneys for Plaintiff
FELIPE CALDERON

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_____

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LITTLER MENDELSON, P.C.
A PROFESSIONAL CORPORATION
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

Case No. 4:11-CV-05486-SBA

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Firmwide:122430080.1 001365.1154

STIPULATION AND [PROPOSED] ORDER REGARDING ATTENDANCE AT SETTLEMENT CONFERENCE

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Dated: August 7, 2013
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/S/ Alexa L. Woerner_____________
MICHAEL E. BREWER
ALEXA L. WOERNER
LITTLER MENDELSON, P.C.
A Professional Corporation
Attorneys for Defendant
DAVEY TREE SURGERY COMPANY

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I, the filer of this document, attest that all other signatories listed, and on whose
behalf the filing is submitted, concur in the filing’s content and have authorized the filing.

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Dated: ___August 7, 2013________

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By /S/ Alexa L. Woerner_____________
Michael E. Brewer
Alexa L. Woerner
LITTLER MENDELSON, P.C.
Attorneys for Defendant
ACTIONLINK, L.L.C.

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As good cause exists, and as stipulated above, the Court hereby modifies its Order for

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Pretrial Preparation of August 1, 2013 such that the Parties must attend a settlement conference with

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Magistrate Joseph Spero within 60 days of this Order. However, the parties are not excused from

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the final, mandatory settlement conference scheduled for February 17, 2014 through March 21,

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2014. This Order terminates Docket 66.

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IT IS SO ORDERED.

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Dated: ___8/12/13________________

By:
Honorable Sandra Brown Armstrong
UNITED STATES DISTRICT JUDGE

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LITTLER MENDELSON, P.C.
A PROFESSIONAL CORPORATION
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

Case No. 4:11-CV-05486-SBA

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Firmwide:122430080.1 001365.1154

STIPULATION AND [PROPOSED] ORDER REGARDING ATTENDANCE AT SETTLEMENT CONFERENCE