Dennis Brown v. Dynamic Management Solutions Facility Services, LLC et al

Filing 30

STIPULATION AND ORDER AS MODIFIED re 29 STIPULATION WITH PROPOSED ORDER to Continue Mediation Deadline and Case Management Conference filed by Northstar Federal Services, Inc, Dennis Brown. Mediation deadline continued until 11/30/17. Case Management Statement due by 12/5/2017. Further Case Management Conference set for 12/12/2017 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 7/24/17. (sisS, COURT STAFF) (Filed on 7/24/2017)

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Daniel Feder (Cal. Bar No. 130867)
LAW OFFICES OF DANIEL FEDER
332 Pine Street, Suite 700
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiff
DENNIS BROWN

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Denise Trani-Morris (Cal. Bar No. 127879)
Janelle J. Sahouria (Cal. Bar No. 253699)
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, California 94111-4615
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]

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Attorneys for Defendants
NORTHSTAR FEDERAL SERVICES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DENNIS BROWN, an individual,
Plaintiff,

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v.
DYNAMIC MANAGEMENT SOLUTIONS
FACILITY SERVICES, LLC; NORTHSTAR
FEDERAL SERVICES, INC.; and DOES 1
through 50, inclusive,

Case No. 4:16-cv-06864-KAW
STIPULATION TO CONTINUE
MEDIATION DEADLINE AND CASE
MANAGEMENT CONFERENCE;
[PROPOSED] ORDER AS MODIFIED
Complaint Filed:

November 29, 2016

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Defendants.

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Plaintiff DENNIS BROWN and Defendant NORTHSTAR FEDERAL SERVICES, INC.,
through their attorneys’ of record, hereby stipulate as follows:

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WHEREAS the Plaintiff filed his Complaint for Damages on November 29, 2016. (Dkt.

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No. 1.) and on April 12, 2017, the Court ordered the parties to participate in mediation within 120

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days from the date of the order, which is August 10, 2017. (Dkt. No. 23.) The Court appointed
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Case No. 4:16-cv-06864-KAW
STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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Andrew R. Weiner as the mediator. (Dkt. No. 24.) The parties scheduled the mediation for

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August 9, 2017.

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WHEREAS, the parties have determined that the case is not ready for mediation due to

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the fact that Plaintiff has not completed his document production or provided supplemental

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discovery responses, and is not available for his deposition noticed for July 27, 2017.

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Accordingly, the ADR deadline should be continued to ensure that Defendant has responses to its

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first set of discovery, can depose Plaintiff and both parties can meaningfully participate in

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mediation, as more fully set forth below:

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(a)

On April 14, 2017, Defendant served Request for Production of Documents, Set

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One (“Requests”) and Interrogatories, Set One on Plaintiff. Plaintiff served responses on May 15,

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2017, however, Plaintiff did not provide any documents.

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(b)

The parties met and conferred and Plaintiff agreed to provide supplemental

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discovery responses by June 8, 2017. On June 8, 2017, Plaintiff produced 158 pages. No

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supplemental discovery responses were provided. As a result of further meet and confer, Plaintiff

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agreed to provide supplemental discovery responses by June 20, 2017. To date, no supplemental

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responses have been served but Plaintiff anticipates the supplemental responses will be served

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within two weeks by August 1, 2017.

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(c)

On July 7, 2017, Plaintiff produced approximately 22,000 pages of documents.

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Plaintiff currently anticipates an additional several thousand pages of documents will be produced

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by the week of July 17, 2017. It will takes weeks for counsel for Defendant to review Plaintiff’s

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supplemental production.

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(d)

The parties anticipate further meet and confer discussions regarding the scope of

production and supplemental discovery responses once served.
(e)

Plaintiff’s deposition was initially noticed on May 22 for June 20, 2017 after

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counsel for Defendant did not receive any objection to the date. When it became apparent that

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Defendant would not receive the necessary discovery to proceed with the deposition, the

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deposition was re-noticed for July 20, 2017 to allow Plaintiff time to provide additional

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documents. The deposition was again moved to July 27, 2017, to allow Plaintiff further time to
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Case No. 4:16-cv-06864-KAW
STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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comply with discovery. On July 13, 2017, counsel for Plaintiff advised Defendant that Plaintiff is

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unavailable on July 27, 2017 and since he resides out of state would prefer to schedule the

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mediation a few days before the mediation. Defendant is amenable to the request but, to date, the

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parties have not selected a new deposition date in light of the above discovery issues.

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WHEREAS, the parties previously filed a stipulation to extend time for Defendant to file a

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responsive pleading (Dkt. No. 11) and to extend the initial Case Management Conference and

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attendant discovery deadlines (Dkt. No. 15). The parties attended the Initial Case Management

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Conference on May 30, 2017.

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WHEREAS, to allow Plaintiff sufficient time to provide supplemental responses to the

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Requests and Interrogatories and to provide all responsive documents, and to provide Defendant

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sufficient time to review the materials, depose Plaintiff, and prepare for the mediation, the parties

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believe it is appropriate to continue the mediation deadline until November 30, 2017.

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THEREFORE, IT IS HEREBY STIPULATED between the parties, through their

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respective counsel of record, a joint request for continuance of the mediation deadline until

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November 30, 2017.

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Dated: July 13, 2017

LAW OFFICES OF DANIEL FEDER

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By:

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/s/ Daniel Feder
Daniel Feder

Attorneys for Plaintiff
DENNIS BROWN

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Dated: July 13, 2017

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JACKSON LEWIS P.C.
By:

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///

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///

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///

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/s/ Denise Trani-Morris
Denise Trani-Morris
Janelle J. Sahouria
Attorneys for Defendants

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Case No. 4:16-cv-06864-KAW
STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

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[PROPOSED] ORDER
BASED ON THE PARTIES’ STIPULATION, THE COURT’S FILE, AND GOOD

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CAUSE SHOWN, THE COURT ORDERS AS FOLLOWS:

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The mediation deadline is continued until November 30, 2017, and the Case Management

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Conference is moved from August 29, 2017 to December 12, 2017.

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IT IS SO ORDERED:

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DATED:

7/24/17

Hon. Kandis A. Westmore
Magistrate Judge of the United States
District Court

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Case No. 4:16-cv-06864-KAW
STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER