Su v. National Aeronautics and Space Administration et al

Filing 42

STIPULATION AND ORDER to Continue ADR Telephone Conference re 41 Stipulation. The parties are to contact the ADR program after the Court's ruling on Defendants' Motion to Dismiss, or in the alternative, no later than 11/30/2009. Signed by Judge James Ware on 10/5/2009. (ecg, COURT STAFF) (Filed on 10/5/2009)

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TONY WEST Assistant Attorney General SUSAN K. RUDY Assistant Branch Director VESPER MEI (D.C. Bar #455778) Senior Counsel United States Department of Justice Civil Division Federal Programs Branch P.O. Box 883 ­ Rm 7316 Washington, DC 20044 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) Plaintiff, ) ) v. ) ) NATIONAL AERONAUTICS AND ) SPACE ADMINISTRATION, et al., ) ) Defendants. ) ___________________________________ ) HAIPING SU,

Case No. C09-02838 JW STIPULATION TO CONTINUE ADR TELEPHONE CONFERENCE

Pursuant to Civil L. R. 6-1(a), the parties jointly request a continuance of the ADR telephone conference. On September 30, 2009, the parties filed a Notice of Need for ADR Phone Conference. While the parties have not agreed on an ADR process, the parties agree that no ADR process is appropriate in this case at this time. Accordingly, while ADR L.R. 3-5 requires a telephone conference with the ADR Director or Program Counsel, the parties hereby jointly request a continuation of this telephone conference. The Initial Case Management Conference is currently scheduled to take place on October 26, 2009; however, defendants anticipate filing a Motion to Dismiss on October 8, 2009, and have moved to continue that conference until after their Motion to Dismiss is decided. Defendants request that the ADR telephone conference be postponed until after disposition of
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their Motion to Dismiss. Plaintiff requests that the telephone conference be postponed until November 30, 2009, even if the Motion to Dismiss has not yet been decided. This change will not alter the date of any event or any deadline already fixed by Court order.

Dated: September 30, 2009 /s/ Vesper Mei Vesper Mei U.S. Department of Justice Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 Tel: [phone] Fax: [phone] Attorney for Defendants Dated: September 30, 2009

/s/ Tyler Atkinson Tyler Atkinson McManis Faulkner 50 West San Fernando Street, 10th Floor San Jose, CA 95113 Tel: [phone] Fax: [phone] Attorney for Plaintiff IT IS SO ORDERED: The ADR telephone conference is postponed until after the Court's disposition Defendant's Motion to Dismiss. If the hearing and ruling on the Defendant's Anticipated Motion to Dismiss is delayed by the Court's own schedule the parties are to contact the ADR program no later than November 30, 2009. Dated: October 5, 2009 _______________________________ United States District Court

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