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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1 2 3 4 5 Daniel Feder (Cal. Bar No. 130867) LAW OFFICES OF DANIEL FEDER 332 Pine Street, Suite 700 San Francisco, CA 94104 Telephone: (415) 391-9476 Facsimile: (415) 391-9432 E-mail: Attorneys for Plaintiff DENNIS BROWN 6 7 8 9 10 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: (415) 394-9400 Facsimile: (415) 394-9401 E-mail: E-mail: 11 12 Attorneys for Defendants NORTHSTAR FEDERAL SERVICES, INC. 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 DENNIS BROWN, an individual, Plaintiff, 17 18 19 20 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 21 22 Defendants. 23 24 25 Plaintiff DENNIS BROWN and Defendant NORTHSTAR FEDERAL SERVICES, INC., through their attorneys’ of record, hereby stipulate as follows: 26 WHEREAS the Plaintiff filed his Complaint for Damages on November 29, 2016. (Dkt. 27 No. 1.) and on April 12, 2017, the Court ordered the parties to participate in mediation within 120 28 days from the date of the order, which is August 10, 2017. (Dkt. No. 23.) The Court appointed 1 Case No. 4:16-cv-06864-KAW STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER 1 Andrew R. Weiner as the mediator. (Dkt. No. 24.) The parties scheduled the mediation for 2 August 9, 2017. 3 WHEREAS, the parties have determined that the case is not ready for mediation due to 4 the fact that Plaintiff has not completed his document production or provided supplemental 5 discovery responses, and is not available for his deposition noticed for July 27, 2017. 6 Accordingly, the ADR deadline should be continued to ensure that Defendant has responses to its 7 first set of discovery, can depose Plaintiff and both parties can meaningfully participate in 8 mediation, as more fully set forth below: 9 (a) On April 14, 2017, Defendant served Request for Production of Documents, Set 10 One (“Requests”) and Interrogatories, Set One on Plaintiff. Plaintiff served responses on May 15, 11 2017, however, Plaintiff did not provide any documents. 12 (b) The parties met and conferred and Plaintiff agreed to provide supplemental 13 discovery responses by June 8, 2017. On June 8, 2017, Plaintiff produced 158 pages. No 14 supplemental discovery responses were provided. As a result of further meet and confer, Plaintiff 15 agreed to provide supplemental discovery responses by June 20, 2017. To date, no supplemental 16 responses have been served but Plaintiff anticipates the supplemental responses will be served 17 within two weeks by August 1, 2017. 18 (c) On July 7, 2017, Plaintiff produced approximately 22,000 pages of documents. 19 Plaintiff currently anticipates an additional several thousand pages of documents will be produced 20 by the week of July 17, 2017. It will takes weeks for counsel for Defendant to review Plaintiff’s 21 supplemental production. 22 23 24 (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 25 counsel for Defendant did not receive any objection to the date. When it became apparent that 26 Defendant would not receive the necessary discovery to proceed with the deposition, the 27 deposition was re-noticed for July 20, 2017 to allow Plaintiff time to provide additional 28 documents. The deposition was again moved to July 27, 2017, to allow Plaintiff further time to 2 Case No. 4:16-cv-06864-KAW STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER 1 comply with discovery. On July 13, 2017, counsel for Plaintiff advised Defendant that Plaintiff is 2 unavailable on July 27, 2017 and since he resides out of state would prefer to schedule the 3 mediation a few days before the mediation. Defendant is amenable to the request but, to date, the 4 parties have not selected a new deposition date in light of the above discovery issues. 5 WHEREAS, the parties previously filed a stipulation to extend time for Defendant to file a 6 responsive pleading (Dkt. No. 11) and to extend the initial Case Management Conference and 7 attendant discovery deadlines (Dkt. No. 15). The parties attended the Initial Case Management 8 Conference on May 30, 2017. 9 WHEREAS, to allow Plaintiff sufficient time to provide supplemental responses to the 10 Requests and Interrogatories and to provide all responsive documents, and to provide Defendant 11 sufficient time to review the materials, depose Plaintiff, and prepare for the mediation, the parties 12 believe it is appropriate to continue the mediation deadline until November 30, 2017. 13 THEREFORE, IT IS HEREBY STIPULATED between the parties, through their 14 respective counsel of record, a joint request for continuance of the mediation deadline until 15 November 30, 2017. 16 Dated: July 13, 2017 LAW OFFICES OF DANIEL FEDER 17 By: 18 /s/ Daniel Feder Daniel Feder Attorneys for Plaintiff DENNIS BROWN 19 20 21 Dated: July 13, 2017 22 JACKSON LEWIS P.C. By: 23 24 25 /// 26 /// 27 /// 28 /s/ Denise Trani-Morris Denise Trani-Morris Janelle J. Sahouria Attorneys for Defendants /// 3 Case No. 4:16-cv-06864-KAW STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER 1 2 [PROPOSED] ORDER BASED ON THE PARTIES’ STIPULATION, THE COURT’S FILE, AND GOOD 3 CAUSE SHOWN, THE COURT ORDERS AS FOLLOWS: 4 The mediation deadline is continued until November 30, 2017, and the Case Management 5 Conference is moved from August 29, 2017 to December 12, 2017. 6 7 IT IS SO ORDERED: 8 9 10 11 DATED: 7/24/17 Hon. Kandis A. Westmore Magistrate Judge of the United States District Court 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Case No. 4:16-cv-06864-KAW STIPULATION TO CONTINUE MEDIATION DEADLINE AND CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

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