Jimenez v. The Westin St. Francis Hotel et al

Filing 16

STIPULATION AND ORDER re 14 STIPULATION WITH PROPOSED ORDER Modifying Initial Case Management Conference and ADR Deadlines Schedule filed by Andres Jimenez Case Management Conference set for 5/29/2013 03:15 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 3/4/13. (lrc, COURT STAFF) (Filed on 3/4/2013)

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Case4:12-cv-06411-SBA Document14 Filed03/01/13 Page1 of 4 1 2 3 4 5 6 7 John Houston Scott (SBN 72578) Lizabeth N. de Vries (SBN 227215) SCOTT LAW FIRM 1388 Sutter Street, Suite 715 San Francisco, California 94109 Telephone: (415) 561-9600 Facsimile: (415) 561-9609 john@scottlawfirm.net liza@scottlawfirm.net Attorneys for Plaintiff 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA SCOTT LAW FIRM 1388 S UTTER S TREET , S UITE 715 S AN F RANCISCO , CA 94109 11 12 13 14 15 16 17 18 19 ANDRES JIMENEZ, Case No. C-12-6411 SBA Plaintiff, xxxxxxxxxx STIPULATION AND [PROPOSED] ORDER MODIFYING INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES SCHEDULE v. DTRS ST. FRANCIS, LLC, ST. FRANCIS HOTEL CORPORATION (A.K.A. THE WESTIN ST. FRANCIS), BOURBON STEAK, MICHAEL JUDGE; and DOES 125, inclusive, Judge: The Hon. Saundra Brown Armstrong Action Filed: December 18, 2012 Defendants. Pursuant to Local Rules 6-2(a) and 7-12 of the Northern District’s Civil Local Rules, 20 Plaintiff Andres Jimenez, (Plaintiff), through his attorneys, respectfully stipulate, subject to the 21 Court’s consideration and approval, as follows: 22 1. On December 18, 2012, plaintiff filed his Complaint. 23 2. On January 8, 2013 plaintiff served the summons and complaint to DTRS St. 24 Francis, LLC, St. Francis Hotel Corporation (aka The Westin St. Francis), and Bourbon Steak. 25 Plaintiff has not yet located Michael Judge for personal service. 26 27 28 3. On or about January 31, 2013 plaintiff’s counsel was contacted by John Johnstone with Chubb Insurance and informed that the complaint incorrectly identified the true names of the -1STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEF SCHEDULE Case4:12-cv-06411-SBA Document14 Filed03/01/13 Page2 of 4 1 entities who owned and operated the St. Francis Hotel at the time of the alleged misconduct. 2 Plaintiff’s counsel was also provided with the name of local counsel to coordinate with regarding 3 the amendment to the complaint and subsequent service, i.e., Heidi C. Quan, Murchison & 4 Cummings, 275 Battery Street, Suite 550, San Francisco, CA 94111. 5 4. On February 19, 2013 plaintiff filed a First Amended Complaint (Document no. 6 11) and served the summons and complaint to attorney Heidi C. Quan, Murchison & Cummings, 7 LLP via U.S. Mail on February 26, 2013. 8 9 10 SCOTT LAW FIRM 1388 S UTTER S TREET , S UITE 715 S AN F RANCISCO , CA 94109 11 12 5. Plaintiff’s have yet to be contacted by anyone who represents Michael Judge and have not yet served him personally. 6. An order setting the initial case management conference and ADR deadlines was filed by the Court on December 18, 2013. These dates are as follows: Meet and Confer re: initial disclosures, early settlement, ADR process selection, and discovery plan February 26, 2013 File ADR Certification signed by parties and Counsel February 26, 2013 File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference February 26, 2013 Last day to file Rule 26(f) Report, Complete initial disclosures or state objection in Rule 26(f) Report March 12, 2013 21 File Case Management Statement March 8, 2013 22 Initial Case Management Conference March 20, 2013 13 14 15 16 17 18 19 20 23 24 25 26 7. Based on the foregoing, counsel for plaintiff and defendants DTRS St. Francis, LLC, St. Francis Hotel Corporation (aka The Westin St. Francis) and Bourbon Street have agreed and propose to modify the Order setting the initial case management conference and ADR deadlines as follows: 27 28 Meet and Confer re: initial disclosures, early -2STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEF SCHEDULE Case4:12-cv-06411-SBA Document14 Filed03/01/13 Page3 of 4 1 settlement, ADR process selection, and discovery plan May 3, 2013 File ADR Certification signed by parties and Counsel May 3, 2013 File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference May 3, 2013 8 Last day to file Rule 26(f) Report, Complete initial disclosures or state objection in Rule 26(f) Report May 22, 2013 9 File Case Management Statement May 17, 2013 Initial Case Management Conference May 29, 2013 at 3:15 pm via telephone. 2 3 4 5 6 7 10 SCOTT LAW FIRM 1388 S UTTER S TREET , S UITE 715 S AN F RANCISCO , CA 94109 11 12 IT IS SO STIPULATED. 13 14 Dated: March 1, 2013 Respectfully Submitted, 15 MURCHISON & CUMMINGS LLP 16 17 By: /s/ Heidi C. Quan_________ Heidi C. Quan Attorneys for Defendants DTRS St. Francis, LLC, St. Francis Hotel Corporation (aka The Westin St. Francis), and Bourbon Steak 18 19 20 21 22 23 24 25 26 27 28 -3- STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEF SCHEDULE Case4:12-cv-06411-SBA Document14 Filed03/01/13 Page4 of 4 1 2 Dated: March 1, 2013 SCOTT LAW FIRM 3 4 By: /s/ John Houston Scott____ John Houston Scott Attorneys for Plaintiffs 5 6 7 8 xxxxxxxxxx [PROPOSED] ORDER 9 10 On the stipulation of the parties, and good cause appearing: SCOTT LAW FIRM 1388 S UTTER S TREET , S UITE 715 S AN F RANCISCO , CA 94109 11 12 IT IS SO ORDERED. 13 14 15 3/4/13 Dated: _________________ ________________________________________ The Honorable Sandra Brown Armstrong United States District Court Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -4STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEF SCHEDULE

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