Mccullough et al v. Xerox Corporation

Filing 31

ORDER GRANTING 30 STIPULATION CONTINUING THE PARTIES' DEADLINE TO COMPLETE MEDIATION AND FACT DISCOVERY. Discovery due by 12/19/2014.. Signed by Judge JEFFREY S. WHITE on 6/27/14. (jjoS, COURT STAFF) (Filed on 6/27/2014)

Case4:13-cv-04596-JSW Document30 Filed06/26/14 Page1 of 5

1 Michele Ballard Miller (SBN 104198)
[e-mail]
2 Adam J. Tullman (SBN 235694)
[e-mail]
3
MILLER LAW GROUP
4 A Professional Corporation
111 Sutter Street, Suite 700
5 San Francisco, CA 94104
Tel. [phone]
6 Fax [phone]
7

M ILLER L AW G ROUP

A P R OF E SS I ON AL C O RP OR A T IO N
C AL IF O RN I A

Attorneys for Defendant
8 XEROX CORPORATION
9 Elizabeth L. Riles, Esq. (SBN 197411)
Bohbot & Riles, LLP
10 1814 Franklin St., Suite 800
Oakland, CA 94612
11 Tel. [phone]
Fax [phone]
12
Attorneys for Plaintiffs
13 SAKEENAH McCULLOUGH and
DANIEL GUNTHER
14
UNITED STATES DISTRICT COURT
15
NORTHERN DISTRICT OF CALIFORNIA
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17 SAKEENAH MCCULLOUGH and DANIEL
GUNTHER
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19

Plaintiffs,

20 v.

Case No.: 4:13-cv-04596 JSW
STIPULATION AND [PROPOSED] ORDER
CONTINUING THE PARTIES’ DEADLINE
TO COMPLETE MEDIATION AND FACT
DISCOVERY

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22 XEROX CORPORATION, a corporation, and
DOES One through Thirty-five, inclusive,
23
Defendants.
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Complaint filed: June 27, 2013
First Amended Complaint filed: July 26, 2013

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE PARTIES’ DEADLINE TO COMPLETE MEDIATION
AND FACT DISCOVERY
Case No. 4:13-cv-04596 JSW

Case4:13-cv-04596-JSW Document30 Filed06/26/14 Page2 of 5

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Plaintiffs SAKEENAH MCCULLOUGH and DANIEL GUNTHER (“Plaintiffs”)

2 and Defendant XEROX CORPORATION (“Defendant”), by and through their respective
3 undersigned attorneys, hereby stipulate and agree to participate in private mediation in lieu
4 of the previously ordered court sponsored mediation and also hereby agree to continue the
5 deadline for the parties to complete mediation in this matter from August 19, 2014 to
6 September 19, 2014, as set forth below. The parties also hereby stipulate and agree to
7 extend the deadline for factual discovery from November 21, 2014 to December 19, 2014.
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9

WHEREAS, on October 4, 2013 Defendant removed this matter to this Court

10 from the San Francisco Superior Court based on Diversity Jurisdiction;
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WHEREAS, on January 17, 2014, the parties appeared before the Court for an

M ILLER L AW G ROUP

A P R OF E SS I ON AL C O RP OR A T IO N
C AL IF O RN I A

13 Initial Case Management Conference;
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WHEREAS, on March 7, 2014, the Court appointed Fred D. Butler as Mediator

16 in this matter;
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WHEREAS, on March 24, 2014, the Court extended the deadline for the

19 parties to complete the mediation of this matter until August 19, 2014;
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WHEREAS the parties originally scheduled the depositions of Plaintiff

22 Sakeenah McCullough and Daniel Gunther for late June, 2014;
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WHEREAS due to an unexpected death in the family in the in-house legal

25 department of Defendant Xerox the parties agreed to postpone the depositions;
26 / / /
27 / / /
28 / / /
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STIPULATION AND [PROPOSED] ORDER CONTINUING THE PARTIES’ DEADLINE TO COMPLETE MEDIATION
AND FACT DISCOVERY -- Case No. 4:13-cv-04596 JSW

Case4:13-cv-04596-JSW Document30 Filed06/26/14 Page3 of 5

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WHEREAS due to scheduling conflicts between counsel, the parties were

2 unable to schedule the depositions until August 19 and 21 (Daniel Gunther) and August 22
3 and 29 (Sakeenah McCullough);
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WHEREAS, the parties agree that mediation of this matter would not be

6 meaningful without the depositions of the plaintiffs;
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WHEREAS, the parties have conferred and have agreed, in place of a half day

9 of court sponsored mediation with Fred Butler, to engage a private mediator, Susan
10 Haldeman, for a full day of mediation on September 16, 2014, for which the parties have
11 agreed to split the cost equally;
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M ILLER L AW G ROUP

A P R OF E SS I ON AL C O RP OR A T IO N
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WHEREAS, a trial date has not yet been set, and dispositive motions are

14 calendared to be heard on April 17, 2015;
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WHEREAS, given the delay in the initial depositions, the parties need an

17 additional month to complete factual discovery;
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NOW, THEREFORE,

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IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and

22 Defendant, by and through their respective undersigned attorneys of record, to continue the
23 following dates of the Court’s Civil Minute Order and subsequent order regarding mediation:
24 Description

Current Date

Proposed Date

25 Last Day to complete August 19, 2014
mediation
(formerly
26 through Court sponsored
27 program, now through
private mediation)
November 21, 2014
28 Close of Fact Discovery

September 19, 2014

December 19, 2014

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE PARTIES’ DEADLINE TO COMPLETE MEDIATION
AND FACT DISCOVERY -- Case No. 4:13-cv-04596 JSW

Case4:13-cv-04596-JSW Document30 Filed06/26/14 Page4 of 5

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Good cause exists for this continuance of the existing date of the Court’s

2 Order for the parties to complete meaningful mediation in this matter, as set forth above.
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4

IT IS SO STIPULATED.

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6
7 Dated: June 26, 2014

BOHBOT & RILES, LLP

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9
10

By:

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12

/s/ Elizabeth Riles
Elizabeth L. Riles
Attorneys for Plaintiffs
SAKEENAH McCULLOUGH and DANIEL
GUNTHER

M ILLER L AW G ROUP

A P R OF E SS I ON AL C O RP OR A T IO N
C AL IF O RN I A

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14 Dated: June 26, 2014

MILLER LAW GROUP
A Professional Corporation

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By:

/s/ Adam Tullman
Michele Miller
Adam Tullman
Attorneys for Defendant
XEROX CORPORATION

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE PARTIES’ DEADLINE TO COMPLETE MEDIATION
AND FACT DISCOVERY -- Case No. 4:13-cv-04596 JSW

Case4:13-cv-04596-JSW Document30 Filed06/26/14 Page5 of 5

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[PROPOSED] ORDER

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Having

reviewed

the

Stipulation

executed

by

Plaintiffs

SAKEENAH

MCCULLOUGH and DANIEL GUNTHER and Defendant XEROX CORPORATION, and
good cause appearing, the Court hereby orders that:


6

The parties are ordered to complete private mediation, pursuant to their
agreement, and in lieu of participating in court sponsored mediation

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with Fred Butler.

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

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The deadline for the parties to complete the mediation of this matter
through private mediation is hereby continued until September 19,

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2014.

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

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The close of fact discovery is continued until December 19, 2014.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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June 27, 2014
Dated: ______________________

______________________________
Hon. Jeffrey S. White
District Judge

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4814-1832-2971, v. 1

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STIPULATION AND [PROPOSED] ORDER CONTINUING THE PARTIES’ DEADLINE TO COMPLETE MEDIATION
AND FACT DISCOVERY -- Case No. 4:13-cv-04596 JSW