Loveless v. US Air/America West Airlines

Filing 24

STIPULATION AND ORDER AS MODIFIED BY THE COURT FOR CONTINUANCE OF DATES IN 19 12/10/08 SCHEDULING ORDER re 23 Stipulation. Close of All Discovery due by 8/7/2009. Last Date to Hear Dispositive Motions due by 9/14/2009. Preliminary Pretria l Conference statement due 6/26/2009. Preliminary Pretrial Conference set for 7/6/2009 11:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 4/28/2009. (ecg, COURT STAFF) (Filed on 4/28/2009) Modified on 6/29/2009 (cv, COURT STAFF).

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STEPHAN E. KYLE (SBN 158075) JENNIFER M. JOAQUIN (SBN 197109)

KENNEY & MARKOWITZ L.L.P.
255 California Street, Suite 1300 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant US AIRWAYS, INC.

UNIT ED

S

S DISTRICT TE C TA

F D IS T I FOR THE NORTHERN DISTRICT OF CALIFORNIA C T O R
SAN JOSE DIVISION ­ ECF PROGRAM

UNITED STATES DISTRICT E

RN

JEANNE LOVELESS, Plaintiff, v. U.S. AIRWAYS, INC., Defendants.

CASE NO. C-08-02444 JW STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE OF DATES IN 12/10/08 SCHEDULING ORDER_________________________

It is hereby stipulated and agreed by and between all parties and their attorneys of record 18 that the dates set forth in the Court's December 10, 2008 Scheduling Order be continued as 19 follows: 20 21 22 23 24 25 26
Kenney
&

Original Date Preliminary Pre-Trial Conference Statements
(Due 10 days before conference)

Proposed Date September 21, 2009

April 24, 2009

Preliminary Pre-Trial Conference
(30 days before the Close of All Discovery)

May 4, 2009 August 3, 2009 June 1, 2009

August 31, 2009 July 31, 2009 October 1, 2009

L/D for Hearing Dispositive Motions
(60 days before the Close of All Discovery)

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Markowitz
L.L.P.

Close of All Discovery

{30029.302090 0137398.DOC}

-1STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE C-08-02444 JW

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Kenney
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There are very compelling reasons for the requested continuance: 1. Plaintiff did not provide US Airways with its full initial disclosures until March 13, 2009. 2. The parties are set to participate in Mediation with Court-Appointed mediator Jamie L. Dupree on April 29, 2009. 3. The parties are participating in the Mediation in good faith and are holding off on initiating formal discovery, including the noticing of plaintiff's deposition, until it is determined whether an early resolution of this matter is possible. 4. If an early resolution of this matter does not occur at the Mediation, the parties will need until October 1, 2009, to complete all discovery, as this case involves two incidents and two sets of US Airways flight crew located across the country, in addition to multiple health care providers. Further, this case will require significant expert discovery.

SO STIPULATED.

DATED: April 15, 2009

LAW OFFICES OF DEMARTINI & LODGE By:_____/s/ Aaron Lodge______________ AARON LODGE Attorneys for Plaintiff JEANNE LOVELESS

DATED: April 15, 2009

KENNEY & MARKOWITZ L.L.P
By:_____/s/ Jennifer M. Joaquin_________ STEPHAN E. KYLE JENNIFER M. JOAQUIN Attorneys for Defendant US AIRWAYS, INC.

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{30029.302090 0137398.DOC}

Markowitz
L.L.P.

-2STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE C-08-02444 JW

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Kenney
&

*** ORDER *** IT IS Based on the parties' representation, the Court finds good cause to modify the Court's SO ORDERED. Pursuant to the stipulation between the parties, this Court finds GOOD CAUSE exists to December 10, 2008 Scheduling Order. However, the Court finds that the 120 day extension continue the following dates: proposed by the parties excessive and thus modifies the schedule as follows: Original Date Preliminary Pre-Trial Conference Statements
(Due 10 days before conference)

ModProposed Date ified Date JuneSeptember 21, 2009 26, 2009

April 24, 2009

Preliminary Pre-Trial Conference
(30 days before the Close of All Discovery)

May 4, 2009 August 3, 2009 June 1, 2009

July 6, 2009 at 11 a.m. August 31, 2009 September 14, 2009 at 9 a.m. July 31, 2009 October 1, August 7, 2009 2009

L/D for Hearing Dispositive Motions
(60 days before the Close of All Discovery)

Close of All Discovery

DATED_________________ Dated: April 28, 2009

________________________________________ JAMES WARE UNITED STATES DISTRICT COURT JUDGE

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{30029.302090 0137398.DOC}

Markowitz
L.L.P.

-3STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE C-08-02444 JW