Rivera v. East Bay Municipal Utility District et al

Filing 78

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 2/4/2016. Telephonic Case Management Conference set for 2/11/2016 02:30 PM. Signed by Judge Saundra Brown Armstrong on 12/10/2015. (tmiS, COURT STAFF) (Filed on 12/10/2015)

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Richard C. Bolanos, Bar No. 111343
[e-mail]
Megan M. Lewis, Bar No. 246052
[e-mail]
Zachary W. Shine, Bar No. 271522
[e-mail]
LIEBERT CASSIDY WHITMORE
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105
Telephone:
415.512.3000
Facsimile:
415.856.0306

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Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

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Craig S. Spencer, General Counsel, Bar No. 78277
[e-mail]
Derek McDonald, Office of General Counsel, Bar No. 238477
[e-mail]
East Bay Municipal Utility District
P.O. Box 24055
375 Eleventh Street (MS 904)
Oakland, California 94623-1055
Attorneys for Defendant EAST BAY MUNICIPAL UTILITY
DISTRICT

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA - OAKLAND

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IVETTE RIVERA,

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Case No.: 15-CV-00380-SBA
Plaintiff,

v.

JOINT STIPULATION AND [PROPOSED]
ORDER TO CONTINUE DECEMBER 16, 2015
CASE MANAGEMENT CONFERENCE

EAST BAY MUNICIPAL UTILITY
DISTRICT, et al.,

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Judge:

Hon. Saundra Brown Armstrong

Defendants.
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4267327.1 EA391-019
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DECEMBER 16, 2015 CASE
MANAGEMENT CONFERENCE; 15-CV-00380-SBA

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PLAINTIFF IVETTE RIVERA (“Plaintiff”) and DEFENDANT EAST BAY

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MUNICIPAL UTILITY DISTRICT (“EBMUD” or “Defendant”), (collectively the “Parties”), by

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and through their counsel of record, hereby stipulate as follows:

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Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

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WHEREAS on August 3, 2015, the Court set this matter for a Case Management
Conference to be held on October 7, 2015;
WHEREAS on August 19, 2015, EBMUD and the now dismissed individual EBMUD
Defendants and Union Defendants filed Motions to Dismiss Plaintiff’s First Amended Complaint;
WHEREAS the hearing on Defendants’ Motions to Dismiss was scheduled for October
14, 2015;
WHEREAS the Parties stipulated to, and the Court ordered, a continuance of the October
7, 2015 Case Management Conference to December 16, 2015;
WHEREAS on November 10, 2015, the Court issued an Order granting the Motions to
Dismiss filed by the EBMUD Defendants and the Union Defendants;
WHEREAS the Court granted leave to amend only with respect to Plaintiff’s claims for
discrimination and retaliation under Title VII, against EBMUD only;
WHEREAS on November 25, 2015, a Notice of Appearance was filed by David M.
Poore, as the new representative of Plaintiff Ivette Rivera; formerly a pro se plaintiff;
WHEREAS on December 1, 2015, Plaintiff filed a Second Amended Complaint against
EBMUD;
WHEREAS the deadline for EBMUD to respond to Plaintiff’s Second Amended
Complaint is December 18, 2015;
WHEREAS, since counsel for Plaintiff has only recently joined this matter, counsel for

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EBMUD and counsel for Plaintiff have not yet been able to adequately meet and confer regarding

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initial disclosures, a discovery plan, and a joint case management conference statement;

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WHEREAS the Parties agree that in the interests of efficiency and clarity of issues, and in

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an effort to better comply with the obligations set forth by this Court and the Federal Rules of

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Civil Procedure, it is in the best interests of the Court and the Parties for the Court to continue the

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Case Management Conference to allow sufficient time for the Parties to effectively meet and
4267327.1 EA391-019
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DECEMBER 16, 2015 CASE
MANAGEMENT CONFERENCE; 15-CV-00380-SBA

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confer;
WHEREAS the Parties mutually agree and request to continue the Case Management

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Conference presently set for December 16, 2015 for forty-five (45) days, or to a date most

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convenient for the Court;

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NOW THEREFORE, the Parties stipulate, by and through their counsel and pursuant to
Court approval, that:
02/11/2016 at 2:30 PM
The Case Management Conference is continued to ______________________. In

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accordance with the Standing Order, a joint case management statement must be filed one week

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in advance of the case management date.

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The Parties attest that on file are all holographic signatures corresponding to any

Liebert Cassidy Whitmore
A Professional Law Corporation
135 Main Street, 7th Floor
San Francisco, California 94105

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signatures indicated by a conformed signature (/s/) within this e-filed document.

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IT IS SO STIPULATED.

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Dated: December 9, 2015

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BROWN POORE LLP
By:

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Dated: December 9, 2015

/s/ David M. Poore
David M. Poore
Attorneys for Plaintiff
IVETTE RIVERA
LIEBERT CASSIDY WHITMORE

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By:

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/s/ Zachary W. Shine
Richard C. Bolanos
Zachary W. Shine
Attorneys for Defendant
EAST BAY MUNICIPAL UTILITY
DISTRICT

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IT IS SO ORDERED.
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12/10/2015
Dated: ________________

__________________________________________
The Honorable Saundra Brown Armstrong
United States District Court Judge

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4267327.1 EA391-019
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JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE DECEMBER 16, 2015 CASE
MANAGEMENT CONFERENCE; 15-CV-00380-SBA