Schwarzkopf v. International Business Machines, Inc,

Filing 18

ORDER APPROVING 17 JOINT STIPULATION REGARDING SCHEDULING OF EARLY SETTLEMENT CONFERENCE AND RESCHEDULING OF FURTHER CASE MANAGEMENT CONFERENCE. Case Management Conference set for 2/27/2009 10:30 AM. Signed by Judge Jeremy Fogel on 10/31/08. (jflc2, COURT STAFF) (Filed on 10/31/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sharon R. Vinick (State Bar No. 129914) Emily Nugent (State Bar No. 255048) VINICK LAW FIRM 350 Sansome Street, Suite 300 San Francisco, CA 94104 Telephone: (415) 722-4481 Facsimile: (415) 276-6338 Attorneys for Plaintiff JOHN SCHWARZKOPF Mitchell F. Boomer (State Bar No. 121441) Cara Ching-Senaha (State Bar No. 209467) JACKSON LEWIS LLP 199 Fremont Street, 10th Floor San Francisco, California 94105 Telephone: (415) 394-9400 Facsimile: (415) 394-9401 Attorneys for Defendant INTERNATIONAL BUSINESS MACHINES, INC. **E-Filed 10/31/08** UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JOHN SCHWARZKOPF, v. Plaintiff, Case No. 08-02715 JF RS JOINT STIPULATION REGARDING SCHEDULING OF EARLY SETTLEMENT CONFERENCE AND RESCHEDULING OF FURTHER CASE MANAGEMENT ---------------CONFERENCE; PROPOSED ORDER Complaint filed: April 21, 2008 Further Case Management Conference: Date: December 5, 2008 Time: 10:30 a.m. Location: Courtroom 3, 280 South First Street, San Jose United States District Ct. Judge: Hon. Jeremy Fogel INTERNATIONAL BUSINESS MACHINES, INC.; AND DOES 1 THROUGH 20, Defendants. COMES NOW Plaintiff JOHN SCHWARZKOPF and Defendant INTERNATIONAL BUSINESS MACHINES, INC. ("IBM"), through their respective counsel, (Plaintiff and 1 JOINT STIPULATION REGARDING SCHEDULING OF EARLY SETTLEMENT CONFERENCE AND RESCHEDULING OF FURTHER CASE MANAGEMENT CONFERENCE; ORDER Case No. 08-02715 JF RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant are collectively referred to herein as "the Parties") and jointly submit this Joint Stipulation, as follows: 1. On September 26, 2008, the parties attended the initial case management conference in this case before the Honorable Jeremy Fogel. On September 26, 2008, the parties jointly requested, and they subsequently were ordered by the Court, to attend an early settlement conference before the Honorable Richard Seeborg before the next case management conference. The next case management conference is scheduled for December 5, 2008 at 10:30 a.m. before Judge Fogel; 2. Counsel for Defendant contacted Judge Seeborg's chambers after the initial case management conference on September 26, 2008, and learned that Judge Seeborg will not hold any settlement conferences during the months of November and December 2008. In addition, defense counsel was informed that the first available date for an early settlement conference before Judge Seeborg would be the third week in January of 2009. In light of Judge Seeborg's availability, the Parties and their counsel are currently discussing their mutual availability to attend an early settlement conference beginning in late January 2009 or as soon as possible thereafter; 3. In light of Judge Seeborg's unavailability during the months of November and December of 2008, counsel for the parties stipulate and agree that the further case management conference currently scheduled for December 5, 2008 should be rescheduled to a later date so that the parties can attend an early settlement conference before the next case management conference. The parties stipulate that their prior agreement to suspend all discovery until after the early settlement conference shall remain in full force and effect; and 4. For the reasons stated herein, the Parties and their counsel respectfully request the further case management conference currently scheduled for December 5, 2008 before Judge Fogel be rescheduled to sometime in mid- to late-February 2009, or as soon thereafter as Judge Fogel may be available, in order to enable the parties to attend an early settlement 2 JOINT STIPULATION REGARDING SCHEDULING OF EARLY SETTLEMENT CONFERENCE AND RESCHEDULING OF FURTHER CASE MANAGEMENT CONFERENCE; ORDER Case No. 08-02715 JF RS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conference before Judge Seeborg, as contemplated by the Court's order on September 26, 2008. IT IS SO STIPULATED. DATED: October 30, 2008 VINICK LAW FIRM By: /s/ Sharon R. Vinick Emily Nugent Attorneys for Plaintiff JOHN SCHWARZKOPF DATED: October 28, 2008 JACKSON LEWIS LLP By /s/ Mitchell F. Boomer Cara Ching-Senaha Attorneys for Defendant INTERNATIONAL BUSINESS MACHINES, INC. ORDER Upon consideration of the Parties' stipulation above, and finding GOOD CAUSE THEREFOR, IT IS HEREBY ORDERED: That the further case management conference scheduled for December 5, 2008 at 10:30 February 27 a.m. before the Honorable Jeremy Fogel shall be continued to ___________________, 2009 at 9 10 30a It is further ordered that the parties shall have until ______________________, 2008January 80 __:__.m. by which to participate in an early settlement conference before the Honorable Richard Seeborg. 10/31/08 DATED: __________________, 2008 ________________________________________ United States District Court Judge Jeremy Fogel H:\I\IBM Corporate Litigation (40134)\Schwarzkopf, John (123892)\Pleadings\Federal Court\ 20091028 Schwarzkopf Joint Stip and Order re ESC and Further CMC Scheduling.doc JOINT STIPULATION REGARDING SCHEDULING OF EARLY SETTLEMENT CONFERENCE AND RESCHEDULING OF FURTHER CASE MANAGEMENT CONFERENCE; ORDER Case No. 08-02715 JF RS 3

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