Landon v. Ernst & Young LLP et al

Filing 114

REVISED STIPULATION AND ORDER 108 to Adjust Trial Date and Remaining Pre-Trial Deadlines. Jury Trial set for 7/22/2013 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 7/11/2013 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Discovery cut-off date 6/21/2013. Signed by Judge Ronald M. Whyte on 4/10/13. (jg, COURT STAFF) (Filed on 4/11/2013)

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MARKUN ZUSMAN & COMPTON LLP
Jeffrey K. Compton (SBN 142969)
[e-mail]
William A. Baird (SBN 192675)
[e-mail]
17383 Sunset Boulevard, Suite A380
Pacific Palisades, California 90272
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Joseph Landon

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LAW OFFICE OF STEVEN ELSTER
Steven Elster (SBN 227545)
[e-mail]
785/E2 Oak Grove Road, #201
Concord, CA 94518
Telephone: [phone]

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AKIN GUMP STRAUSS HAUER & FELD LLP
Gregory W. Knopp
[e-mail]
2029 Century Park East, Suite 2400
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant Ernst & Young, LLP

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE
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JOSEPH LANDON, individually and on behalf )
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of all others similarly situated,
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Plaintiff,
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vs.
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ERNST & YOUNG LLP, a limited liability
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partnership; ERNST & YOUNG U.S. LLP, a
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limited liability partnership; and DOES 1-100, )
inclusive,
)
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Defendants.
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CASE NO.: C-08-02853 RW (HRL)
REVISED STIPULATION AND
[] ORDER TO ADJUST TRIAL
DATE & REMAINING PRE-TRIAL
DEADLINES

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STIPULATION & [] ORDER TO ADJUST TRIAL DATE &
REMAINING PRE-TRIAL DEADLINES
(C-08-02853-RW)

Plaintiff Joseph Landon (“Landon”) and Defendant Ernst & Young LLP (“Ernst & Young”),

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through their respective counsel of record, hereby stipulate as follows:

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WHEREAS, on June 1, 2012, this Court set a schedule including a Settlement Conference

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with Magistrate Judge Lloyd prior to May 9, 2013; Joint Pretrial Statement due on May 3, 2013;

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Pretrial Conference on May 9, 2013; and Jury Trial on May 20, 2013;

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WHEREAS, the parties scheduled a Settlement Conference with the Honorable Judge Lloyd
for May 3, 2013;

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WHEREAS, on March 15, 2013, the Parties filed a stipulation to extend the discovery cut-off
date to August 17, 2013; the Joint Pretrial Statement deadline to August 19, 2013; the Pretrial
Conference date to September 6, 2013; and the Jury Trial date to September 17, 2013.

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WHEREAS, on March 20, 2013, the Court denied the stipulation, with leave to re-file, and
asked for a declaration explaining the reasons for the requested continuance;
WHEREAS, pursuant to the Court’s instructions, Landon’s counsel provides a declaration,

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attached hereto, explaining that the parties have engaged in substantial discovery for the past several

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months and are continuing to meet and confer in good faith regarding the scheduling of depositions

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and various disputes related to Landon’s pending written discovery requests;
WHEREAS, at this time of year (tax season), the demands on Ernst & Young and its

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professionals are especially significant, which makes it very difficult to prepare for and schedule

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depositions;

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WHEREAS, the parties have again met and conferred and agree that a more limited

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continuance of the trial date would enable the parties to complete the outstanding discovery and to

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engage in a meaningful mediation process; and
WHEREAS, Ernst & Young, while preserving all of its positions regarding the pending

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discovery, agrees to a short continuance of the current pretrial and trial deadlines.

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STIPULATION & [] ORDER TO ADJUST TRIAL DATE & REMAINING
PRE-TRIAL DEADLINES
(CASE NO: C-08-02853-RW)

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BASED ON THE FOREGOING, IT IS HEREBY STIPULATED AND AGREED THAT:

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1.

The following pretrial and trial schedule will be modified as follows:

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a.

The discovery cut-off date will be June 21, 2013

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b.

the Joint Pretrial Statement will be due on July 1, 2013

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c.

the Pretrial Conference will be set for July 1 , 2013;

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d.

the Jury Trial will be set for July 2 , 2013. This

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stipulation does not extend or affect the deadlines for disclosing expert

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witnesses, which have already passed.

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Dated: March 28, 2013

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MARKUN ZUSMAN & COMPTON LLP
William A. Baird
Jeffrey K. Compton
LAW OFFICE OF STEVEN ELSTER
Steven Elster

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By: /S/ William A. Baird
WILLIAM A. BAIRD
Attorneys For Plaintiff
Joseph Landon

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Dated: March 28, 2013

AKIN GUMP STRAUSS HAUER & FELD, LLP
Gregory W. Knopp

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By: /S/ Gregory W. Knopp
GREGORY W. KNOPP
Attorneys For Defendant
Ernst & Young, LLP

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IT IS SO ORDERED:

_________________________________
Ronald M. Whyte
United States District Judge

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STIPULATION & [] ORDER TO ADJUST TRIAL DATE & REMAINING
PRE-TRIAL DEADLINES
(CASE NO: C-08-02853-RW)

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ECF CERTIFICATION
I hereby attest that I have obtained concurrence regarding the filing of this document from
each of the signatories within the e-filed document.

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DATE: March 28, 2013

By: /S/ William A. Baird
WILLIAM A. BAIRD

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STIPULATION & [] ORDER TO ADJUST TRIAL DATE & REMAINING
PRE-TRIAL DEADLINES
(CASE NO: C-08-02853-RW)