Rich v. Hewlett-Packard Company

Filing 77

ORDER GRANTING 76 JOINT STIPULATION REQUESTING RESCHEDULING OF CASE MANAGEMENT CONFERENCE. The Case Management Conference set for 9/18/2009 is CONTINUED to 1/8/2010 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 9/14/2009. (jflc2, COURT STAFF) (Filed on 9/14/2009)

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Gibson, Dunn & Crutcher LLP

PETER SULLIVAN, SBN 101428 [e-mail] SAMUEL G. LIVERSIDGE, SBN 180578 [e-mail] CHRISTOPHER CHORBA, SBN 216692 [e-mail] GIBSON, DUNN & CRUTCHER LLP 333 South Grand Avenue Los Angeles, California 90071-3197 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant HEWLETT-PACKARD COMPANY

**E-Filed 9/14/2009**

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CARL K. RICH, et al., Plaintiffs, v. HEWLETT-PACKARD COMPANY, et al., Defendants. CASE NO. C 06 03361-JF (HRL) JOINT STIPULATION REQUESTING RESCHEDULING OF CASE MANAGEMENT CONFERENCE; -----------------[PROPOSED] ORDER GRANTING STIPULATION; AND DECLARATION OF COUNSEL

Counsel for Plaintiffs Carl Rich and David Duran ("Plaintiffs") and counsel for Defendant Hewlett-Packard Company ("HP"), in support of their Stipulation Requesting Rescheduling of Case Management Conference, state as follows: 1. By Order dated August 13, 2009, the Court granted the parties' joint stipulation and

rescheduled the hearing on Plaintiffs' motion for class certification for January 8, 2010, at 9:00 a.m. A previously-scheduled Case Management Conference remains on the Court's calendar for September 18, 2009 at 10:30 a.m. The parties agree and respectfully request that the Case Management Conference should follow the hearing on Plaintiffs' motion for class certification on January 8, 2010. 2. At the present time there are no other pending motions before the Court, although HP 1
JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING RESCHEDULING OF CASE MANAGEMENT CONFERENCE Case No. C 06 03361 JF

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has reserved the right to file a motion for summary judgment on the claims of any individual named plaintiff and to notice the hearing of such a motion on or before the hearing date set for Plaintiffs' motion for class certification. Accordingly, the parties respectfully submit that it would be more efficient to have the Case Management Conference follow the hearing on Plaintiffs' motion for class certification on January 8, 2010. 3. Pursuant to Civil Local Rule 6-2, a date of an event or deadline already fixed by Court

order may be enlarged or changed if the parties so stipulate; the stipulation is accompanied by a declaration addressing the reasons for the requested change, previous time modifications, and the effect that the requested time modification would have on the schedule set for the case; and the parties obtain an order from the Court approving the requested enlargement of time. A declaration of counsel providing the information required by Civil Local Rule 6-2 follows this Stipulation.

IT IS SO STIPULATED. DATED: September 10, 2009 COTCHETT, PITRE & MCCARTHY By: /s/ Justin T. Berger*

Attorneys for Plaintiffs CARL RICH and DAVID DURAN

DATED: September 10, 2009

GIBSON, DUNN & CRUTCHER LLP By: /s/ Christopher Chorba*

Attorneys for Defendant HEWLETT-PACKARD COMPANY *I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.

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JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING RESCHEDULING OF CASE MANAGEMENT CONFERENCE Case No. C 06 03361 JF

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DECLARATION OF CHRISTOPHER CHORBA IN SUPPORT OF STIPULATION 1. I, Christopher Chorba, am an attorney admitted to practice before this Court and all

courts of the State of California. I am an associate attorney in the law firm of Gibson, Dunn & Crutcher LLP, attorneys of record for Defendant Hewlett-Packard Company ("HP"). I make this declaration in support of the Joint Stipulation and [Proposed] Order Requesting Rescheduling of Case Management Conference. I have personal knowledge of the facts stated herein, and, if called as a witness, I could and would testify competently to those facts. 2. By Order dated August 13, 2009, the Court granted the parties' joint stipulation and

rescheduled the hearing on Plaintiffs' motion for class certification for January 8, 2010, at 9:00 a.m. A previously-scheduled Case Management Conference remains on the Court's calendar for September 18, 2009 at 10:30 a.m. The parties agree and respectfully request that the Case Management Conference should follow the hearing on Plaintiffs' motion for class certification on January 8, 2010. 3. The Court has not set any dates other than that for hearing on Plaintiffs' motion for

class certification. Therefore, granting the time modification requested in the parties' stipulation will not require extensions to any other deadlines. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed at Los Angeles, California, on September 10, 2009. By: /s/ Christopher Chorba*

*I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.

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JOINT STIPULATION AND [PROPOSED] ORDER REQUESTING RESCHEDULING OF CASE MANAGEMENT CONFERENCE Case No. C 06 03361 JF

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CARL K. RICH, et al., Plaintiffs, v. HEWLETT-PACKARD COMPANY, et al., Defendants. The Court having reviewed the parties' stipulation to reschedule the Case Management Conference and the accompanying declaration of counsel, and having found good cause shown, IT IS ORDERED as follows: The Court reschedules the Case Management Conference from September 18, 2009, at 10:30 a.m., to January 8, 2010, immediately following the hearing on Plaintiffs' motion for class certification (currently scheduled for 9:00 a.m.). IT IS SO ORDERED. 9/14/2009 Date: _________________ ______________________________________ HONORABLE JEREMY FOGEL UNITED STATES DISTRICT JUDGE CASE NO. C 06 03361-JF (HRL) [PROPOSED] ORDER GRANTING JOINT STIPULATION REQUESTING RESCHEDULING OF CASE MANAGEMENT CONFERENCE

PROPOSED ORDER GRANTING JOINT STIPULATION REQUESTING RESCHEDULING OF CASE MANAGEMENT CONFERENCE

Case No. C 06 03361 JF

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CERTIFICATE OF SERVICE I, Dhananjay S. Manthripragada, declare as follows: I am employed in the County of Los Angeles, State of California; I am over the age of eighteen years and am not a party to this action; my business address is 333 South Grand Avenue, Los Angeles, CA 90071 in said County and State. I hereby certify that on September 10, 2009, the following documents were electronically transmitted to the Clerk of the Court using the CM/ECF System: JOINT STIPULATION REQUESTING RESCHEDULING OF CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER GRANTING STIPULATION; AND DECLARATION OF COUNSEL. I further certify that copies of the foregoing documents were transmitted on September 10, 2009, via e-mail, to each of the persons named on the attached Service List. I caused each such document to be transmitted by PDF Format, to the parties and e-mail addresses indicated on the attached Service List. I declare under penalty of perjury that the foregoing is true and correct. DATED: September 10, 2009 GIBSON, DUNN & CRUTCHER LLP By: /s/ Dhananjay S. Manthripragada*

Attorneys for Defendant HEWLETT-PACKARD COMPANY *I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document.

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CERTIFICATE OF SERVICE Case No. C 06 03361 JF

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Service List Counsel for Plaintiffs Brian S. Kabateck Alfredo Torrijos Claudia E. Candelas Kabateck Brown Kellner, LLP 644 South Figueroa Street Los Angeles, CA 90017 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Stephen M. Garcia David Medby The Garcia Law Firm One World Trade Center, Suite 1950 Long Beach, CA 90831 Tel: [phone] Fax: [phone] [e-mail] [e-mail] Bruce L. Simon Esther L. Klisura Pearson, Simon, Warshaw & Penny LLP 44 Montgomery Street, Suite 1430 San Francisco, CA 94104 Tel: [phone] Fax: [phone] [e-mail] [e-mail]
100726385_2.DOC

Niall P. McCarthy Laura E. Schlichtmann Justin T. Berger Cotchett, Pitre & McCarthy San Francisco Airport Office Center 840 Malcolm Road, Suite 200 Burlingame, CA 94010 Tel: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Patrick McNicholas McNicholas & McNicholas LLP 10866 Wilshire Blvd., Suite 1400 Los Angeles, CA 90024 Tel: [phone] Fax: [phone] [e-mail] [e-mail]

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CERTIFICATE OF SERVICE Case No. C 06 03361 JF