Shropshire v. Canning

Filing 99

ORDER re 97 Stipulation Extending Mediation and Discovery Deadlines. Signed by Judge Lucy H. Koh on 11/14/11. (lhklc3, COURT STAFF) (Filed on 11/14/2011)

Case5:10-cv-01941-LHK Document97

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DAVID F. GROSS (Bar No. 083547)
JEFFREY E. MITCHELL (Bar No. 229785)
STEPHEN CHIARI (Bar No. 221410)
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105-2933
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
DIANA M. HALL (Bar No. 260410)
DLA PIPER LLP (US)
2000 University Avenue
East Palo Alto, CA 94303-2248
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff
Elmo Shropshire, d/b/a Elmo Publishing

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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ELMO SHROPSHIRE, d/b/a ELMO
PUBLISHINGl,

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Plaintiff,
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CASE NO. 5:10-cv-01941 LHK
STIPULATION AND [PROPOSED]
ORDER EXTENDING MEDIATION
DEADLINE & DISCOVERY DEADLINE

v.
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AUBREY CANNING, Jr.,
Defendant.

As Amended

Plaintiff Elmo Shropshire (“Plaintiff”), and Defendant Aubrey Canning, Jr. (“Defendant”)
(collectively, the “Parties”), through their respective attorneys of record, hereby STIPULATE
AND AGREE as follows:
WHEREAS on August 25, 2011 the Court entered the Case Management and Minute
Order (Dkt. No. 87, the “CMC Order”), ordering the parties to schedule private mediation no later
than November 23, 2011, and setting the deadline for fact discovery on December 30, 2011, the
deadline for filing of dispositive motions on January 19, 2012, the deadline for hearing on

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STIP. TO EXTEND MEDIATION DEADLINE & CASE MANAGEMENT DEADLINES
CASE NO. 5:10-CV-01941-LHK

Case5:10-cv-01941-LHK Document97

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dispositive motions by March 1, 2012 (Thursday at 1:30 P.M.), the Pretrial Conference on April

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11, 2012, and the bench trial to begin on May 7, 2012;

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WHEREAS, the Parties have met and conferred and attempted in good faith to comply
with CMC Order’s mediation deadline and other deadlines;

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WHEREAS, due to Parties’ respective work obligations and Defendant’s employment in

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construction carpentry located near the remote town of Kapuskasing, Ontario, Canada, Plaintiff

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and Defendant have been unable to schedule a mutually agreeable date for mediation prior to

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November 23, 2011;

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WHEREAS, Mr. Richard Collier has been assigned to mediate this dispute (Dkt. No. 96),

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and Mr. Collier and the Parties have an initial telephone conference scheduled for November 10,

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2011;

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WHEREAS, the parties and Mr. Collier are each available for mediation on both January
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WHEREAS, if the mediation is unsuccessful, the Parties have agreed to depose Defendant

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after the mediation while he is still in the United States, should the Court agree to extend the

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discovery deadline to January 27, 2012, and the deadline to file dispositive motions to February

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13, 2012, thus permitting the Parties to fully conduct discovery;

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THEREFORE, the Parties respectfully request that in the interest of judicial economy,

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pursuant to ADR Local Rule 6-5 and Civil Local Rules 7-1(a)(5) and 7-12, the Court continue the

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mediation deadline and extend other deadlines in the CMC Order as follows:

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1. The deadline for mediation as set forth under the ADR rules may be continued by

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57 days from the current date of November 23, 2011 to January 20, 2012;
2. The close of fact discovery may be extended by 28 days from the current date of

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December 30, 2011 to January 27, 2012;

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3. The deadline to file dispositive motions may be extended by 21 days from the
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current date of January 19, 2012 to February 13, 2012; February 10, 2012;

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4. The final date for hearing dispositive motions may be extended 14 days from the
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current date of March 1, 2012 to March 17, 2012; March 15, 2012;
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STIP. TO EXTEND MEDIATION DEADLINE & CASE MANAGEMENT DEADLINES
CASE NO. 5:10-CV-01941-LHK

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5. The pretrial conference date remains set on April 11, 2012;

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6. The bench trial date remains set on May 7, 2012.

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IT IS SO STIPULATED.

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Dated: November 7, 2011

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DLA PIPER LLP (US)

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By /s/ Diana M. Hall
DIANA M. HALL
Attorneys for Plaintiff
ELMO SHROPSHIRE

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Dated: November 7, 2011

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THE LANIER LAW FIRM, P.C.

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By /s/ Nicholas S. Mancuso
NICHOLAS S. MANCUSO
Attorneys for Defendant
AUBREY CANNING, JR.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: November 14, 2011
HONORABLE LUCY H. KOH
UNITED STATES DISTRICT COURT JUDGE

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STIP. TO EXTEND MEDIATION DEADLINE & CASE MANAGEMENT DEADLINES
CASE NO. 5:10-CV-01941-LHK