Moua v. International Business Machines Corporation et al

Filing 265

STIPULATION AND ORDER. Signed by Judge Edward J. Davila on 4/19/2019. (ejdlc3S, COURT STAFF) (Filed on 4/19/2019)

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Aaron L. Agenbroad (State Bar No. 242613)
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94105
Telephone:
[phone]
Facsimile:
[phone]
Matthew W. Lampe (admitted pro hac vice)
[e-mail]
Wendy C. Butler (admitted pro hac vice)
[e-mail]
JONES DAY
250 Vesey St.
New York, NY 10281
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
Alan B. Bayer (State Bar No. 216706)
[e-mail]
BAYER LAW & MEDIATION
912 Cole Street, #238
San Francisco, CA 94117
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff May Moua

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAY MOUA, individually and on behalf of
other former and current employees, and
for the interest of the general public,

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Plaintiffs,

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v.
INTERNATIONAL BUSINESS
MACHINES CORPORATION, a
California Business Entity, form unknown,
JOSEPH KOENIG, an Individual,
VENKATASUBRAMANIAM IYER, an
Individual, and DOES 1-199,

Case No. C 10-01070 EJD
STIPULATION AND [PROPOSED]
ORDER EXTENDING DEADLINE
FOR PRELIMINARY PRETRIAL
CONFERENCE AND PRELIMINARY
PRETRIAL CONFERENCE
STATEMENT

Defendants.
Stipulation and Proposed Order Extending
Deadline for Preliminary Pretrial Conference
and Preliminary Pretrial Conference Statement

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CASE No. C 10-01070 EJD

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All parties to this action, though their duly authorized undersigned counsel, stipulate and
request as follows:

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WHEREAS, in 2013, Defendants filed various motions, including motions for summary

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judgment as to Plaintiff’s PAGA claim on behalf of 16 of the 25 individuals (including herself)

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whom she sought to represent at that point (Docket Nos. 101-103, 109, 110, 122-124, 126-128,

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130, 131, 133-135) and a Motion for Partial Summary Judgment as to Plaintiff’s Claims in

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Counts 7-15 (Docket No. 263);

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WHEREAS, on August 30, 2013, the Court determined that the preliminary pretrial
conference scheduled for September 6, 2013 was premature and entered an order vacating the

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conference and noting that it would be rescheduled in the order resolving Defendants’ then

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pending motions;

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WHEREAS, the Court has now ruled on all of Defendants’ motions, narrowing the issues
that remain in the case;
WHEREAS, in its Order addressing Defendants’ Motion for Partial Summary Judgment

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as to Plaintiff’s Claims in Counts 7-15 (Docket No. 263), the Court set a preliminary pretrial

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conference for May 2, 2019 at 10:00 a.m. and directed the parties to file a joint preliminary

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pretrial conference statement no later than April 22, 2019;

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WHEREAS, after the Court issued this Order, counsel for the parties conferred and

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discussed their mutual desire to explore resolving the remaining claims through mediation;

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WHEREAS, counsel for the parties agree that delaying the preliminary pretrial conference

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by approximately 90 days and extending the deadline to file the joint preliminary pretrial

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conference statement will provide the parties an opportunity to explore the possibility of resolving

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the remaining claims through mediation;

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WHEREAS, the parties have not received a time modification in this case since June 6,
2013 (Docket No. 185);
WHEREAS, the parties agree to this extension in good faith and not to unduly delay the
progress of this case;
WHEREAS, there is no current case schedule that will be affected by this extension.

Stipulation and Proposed Order Extending
Deadline for Preliminary Pretrial Conference
and Preliminary Pretrial Conference Statement

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CASE No. C 10-01070 EJD

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IT IS HEREBY STIPULATED by and between the parties, through their respective
counsel:
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The preliminary pretrial conference, currently scheduled for May 2, 2019 at 10:00

a.m. is adjourned until August 1, 2019 at 10:00 a.m.
2.

The deadline for filing the joint preliminary pretrial conference statement shall be

July 22, 2019.

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IT IS SO STIPULATED.

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I hereby attest that I have on file all holograph signatures for any signatures indicated by a

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“conformed” signature (/S/) within this e-filed document.

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Dated: April 18, 2019
By: /s/ Matthew W. Lampe
Matthew W. Lampe
JONES DAY
250 Vesey Street
New York, New York 10281
Telephone: [phone]
Facsimile: 212-755-7306
Attorneys for Defendants

Dated: April 18, 2019
________

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Date:

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PURSUANT TO STIPULATION, IT IS
SO ORDERED:

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By:/s/ Alan B. Bayer
Alan B. Bayer
BAYER LAW & MEDIATION
912 Cole Street, #238
San Francisco, CA 94117
Telephone: [phone]
Facsimile: 415-558-9970
Attorneys for Plaintiff

April 19, 2019
__________________

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_______________________________
EDWARD DAVILA
UNITED STATES DISTRICT JUDGE

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Stipulation and Proposed Order Extending
Deadline for Preliminary Pretrial Conference
and Preliminary Pretrial Conference Statement

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CASE No. C 10-01070 EJD