Maples v. Solarwinds, Inc.

Filing 23

STIPULATION AND ORDER re 22 STIPULATION WITH PROPOSED ORDER TO MODIFY THE AMENDED ORDER OF REFERENCE TO EXTEND THE COMPLETION DATE FOR A MANDATORY SETTLEMENT CONFERENCE filed by Solarwinds, Inc.. Signed by Judge ARMSTRONG on 3/29/13. (lrc, COURT STAFF) (Filed on 3/29/2013)

Case4:12-cv-06066-SBA Document22 Filed03/27/13 Page1 of 5

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Zia F. Modabber (SBN 137388)
[e-mail]
Gloria C. Franke (SBN 246390)
[e-mail]
KATTEN MUCHIN ROSENMAN LLP
2029 Century Park East, Suite 2600
Los Angeles, CA 90067-3012
Telephone: [phone]
Facsimile: 310.788.4471

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Attorneys for Defendant SOLARWINDS, INC.

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Tania Rose (SBN 151514)
[e-mail]
LAW OFFICE OF TANIA ROSE
353 Sacramento Street, Suite 1140
San Francisco, CA 94111
Telephone: [phone]
Telecopier: [phone]

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Demetrios Anaipakos (Pro Hac Vice)
[e-mail]
Benjamin F. Foster (Pro Hac Vice Application Forthcoming)
[e-mail]
AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING, P.C.
1221 McKinney Street, Suite 3460
Houston, Texas 77010
Telephone: [phone]
Telecopier: [phone]

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Attorneys for Plaintiff MIKE MAPLES, JR.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIKE MAPLES, JR.

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Plaintiff,
vs.

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SOLARWINDS, INC., and DOES 1-5,
Defendants.

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CASE NO. 12-06066 SBA
XXXXXXXXXXXX
STIPULATION AND [PROPOSED]
ORDER TO MODIFY THE
AMENDED ORDER OF
REFERENCE TO EXTEND THE
COMPLETION DATE FOR A
MANDATORY SETTLEMENT
CONFERENCE

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STIPULATION AND [PROPOSED] ORDER
31732445_2

Case4:12-cv-06066-SBA Document22 Filed03/27/13 Page2 of 5

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STIPULATION

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Plaintiff Mike Maples, Jr. (“Plaintiff”) and defendant SolarWinds, Inc.

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(“Defendant”) (collectively, the “Parties”), by and through their counsel of record,

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hereby stipulate to modify the Amended Order of Reference to extend the completion

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date for a mandatory settlement conference by thirty days, from June 4, 2013 to July

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4, 2013. Good cause exists for the requested extension:

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WHEREAS, Defendant believes that the proposed extension is necessary for

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the Parties to complete the limited, agreed-upon discovery sufficiently in advance of

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the settlement conference, and, more particularly, the deadline for the Parties’ written

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submissions prior to the settlement conference, for the following reasons;

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WHEREAS, Plaintiff does not believe the proposed extension is necessary, but
does not oppose the extension;

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WHEREAS, on March 8, 2013, the Court issued the Amended Order of

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Reference (the “Order”), referring the case to Magistrate Judge Donna Ryu for a

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mandatory settlement conference to take place within ninety days of the Order – i.e.,

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June 4, 2013. The Order also states that the Parties shall meet and confer regarding

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the scope of the limited discovery to prepare for the settlement conference;

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WHEREAS, pursuant to the Order, the Parties met and conferred and agreed to
conduct limited discovery in advance of a mandatory settlement conference;

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WHEREAS, on March 14, 2013, Defendant served on Plaintiff requests for

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production of documents, requests for admissions and interrogatories, setting the

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production date for April 16, 2013. Defendant also noticed Plaintiff’s deposition for

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April 24, 2013, within a week of receipt of Plaintiff’s discovery responses and

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documents;

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WHEREAS, on March 22, 2013, Plaintiff served on Defendant requests for

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production of documents, setting the production date for April 24, 2013. Plaintiff

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would also like to depose an employee of Defendant prior to the settlement

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conference;
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STIPULATION AND [PROPOSED] ORDER
31732445_2

Case4:12-cv-06066-SBA Document22 Filed03/27/13 Page3 of 5

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WHEREAS, during the ninety-day period, Magistrate Judge Ryu is available
for a mandatory settlement conference on only May 2, 2013 or May 7, 2013;

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WHEREAS, Judge Ryu’s Standing Order provides that the parties must submit

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an Exchanged Settlement Conference Statement and a Confidential Settlement Letter

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(collectively, “Settlement Statements”) no later than ten days prior to the settlement

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conference;

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WHEREAS, if the mandatory settlement conference were to proceed on May 2,

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2013, the Parties’ Settlement Statements would be due on April 22, 2013, before

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Plaintiff’s deposition and prior to Defendant’s production of documents;

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WHEREAS, if the mandatory settlement conference were to proceed on May

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7, 2013, the

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providing only two days after Plaintiff’s deposition and Defendant’s production of

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documents for the Parties to obtain deposition transcripts, confer with their clients and

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incorporate the additional discovery into the Parties’ Settlement Statements;

Parties’ Settlement Statements would be due on April 26, 2013,

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WHEREAS, Defendant believes that the Parties will be in a better position to

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assess the case for settlement after the agreed-upon discovery is completed and if the

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Parties have sufficient time to incorporate such discovery into their Settlement

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Statements;

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WHEREAS, in light of the above, Defendant requests to extend the completion

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date for a mandatory settlement conference by thirty days, from June 4, 2013 to July

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4, 2013.

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STIPULATION AND [PROPOSED] ORDER
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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and

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between Plaintiff and Defendant, through their respective counsel of record, subject to

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approval by the Court, that the Order shall be modified to extend the completion date

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for a mandatory settlement conference to July 4, 2013.

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IT IS SO STIPULATED.

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Dated: March 27, 2013

LAW OFFICE OF TANIA ROSE

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By: s/ Tania Beth Rose
Attorneys for Plaintiff MIKE MAPLES, JR.

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Dated: March 27, 2013

KATTEN MUCHIN ROSENMAN LLP

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By: s/ Zia F. Modabber
Attorneys for Defendant SOLARWINDS, INC.

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STIPULATION AND [PROPOSED] ORDER
31732445_2

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XXXXXXXXXXXX
[PROPOSED] ORDER

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The Court has considered the parties’ stipulation and, finding good cause

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therefore, approves the stipulation and modifies its March 8, 2013 Amended Order of

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Reference to extend the completion date for a mandatory settlement conference before

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Magistrate Judge Ryu by thirty days, from June 4, 2013 to July 4, 2013.

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IT IS SO ORDERED.

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Dated: 3/29/13

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SAUNDRA BROWN ARMSTRONG
United States District Judge

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STIPULATION AND [PROPOSED] ORDER
31732445_2