Del Real v. Starbucks, Inc.

Filing 25

Order Granting 24 Stipulation to Continue Mediation, Expert Designation Cut-Off Deadline. Mediation cutoff 12/19/2012. Expert Designation cutoff 1/18/2013. Signed by Hon. Edward J. Davila on 10/10/2012. (ecg, COURT STAFF) (Filed on 10/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE COURTHOUSE

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ERIC ANTHONY DEL REAL, an
individual,

Case No. 5: 12-cv-00770 EJD
XXXXXXXXX
IPROPOSED1 ORDER ON JOINT
STIPULATION TO CONTINUE
MEDIATION EXPERT
DESIGNATIoN CUT-OFF
DEADLINE

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Plaintiff,
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v.
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STARBUCKS, INC. a Washington
corporation; and DO1S 1 to 50,
inclusive,

Complaint Filed: December 29, 2011
[Lodged concurrently with Joint
Stipulation and Supporting Declaration
of Sarah E. Hemandez]

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Defendants.
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XXXXXXXXX
jPROPOSEDJ ORDER

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Please take notice that on October 9, 2012, the Joint Stipulation entered into by

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and among PLAINTIFF ERIC ANTHONY DEL REAL (“Del Real” and/or “Plaintiff)

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and DEFENDANT STARBUCKS, INC. (“Starbucks” and/or “Defendant”), by and

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through their respective counsel, and supporting Declaration of Plaintiffs counsel

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Sarah E. Hernandez, came before this Court for review, the Honorable Edward J.

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Davila presiding.

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Pursuant to the Joint Stipulation and accompanying Declaration, the Court takes
note of the following facts:
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[PROPOSED] ORDER FOR JOINT STIPULATION TO CONTINUE MEDIATION, EXPERT DESIGNATION CUT-OFF
DEADLINE

1.

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Plaintiff filed his Complaint on or around December 29, 2011, in Monterey

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County Superior Court of the State of California, alleging causes of action

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for sexual discrimination and wrongful termination, as well as related

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causes of action;

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2.

This matter was removed to federal court on or around February 17, 2012;

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3.

this matter was reassigned to this District Court on or around April 20,
2012;

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4.

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This Court issued a Case Management Order on August 20, 2012, ordering
the parties to designate experts on or by November 1, 2012, and to

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complete mediation on or by November 19, 2012;

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5.

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the parties have since agreed to mediate this matter with mediator Nikki

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Tolt, which mediation was originally scheduled to take place on October

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12, 2012;
6.

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Plaintiff’s counsel Sarah E. Hernandez has since started trial in one other

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matter on October 1, 2012, and she has a second matter scheduled to begin

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on October 15, 2012, such that she will be unable to attend mediation in

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this matter until these trials’ conclusion;

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and
There have been no prior continuance requests in this matter.

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7.

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After full consideration of the evidence and the authorities submitted by counsel,

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and all pleadings and papers on file in this action, and upon such other matters as were

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presented to the Court, the Court hereby rules as follows:
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The parties’ Mediation Cut-Off Deadline shall be moved thirty (30)
calendar days from November 19, 2012, to December 19, 2012.

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2.

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The parties’ Expert Designation Cut-Off Deadline shall be moved forward

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from November 1, 2012, to January 18, 2013, which is thirty (30) calendar

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days after the new mediation cut-off deadline.

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[PROPOSED] ORDER FOR JOINT STIPULATION TO CONTINUE MEDIATION, EXPERT DESIGNATION CUT-OFF
DEADLINE

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: October, 2012

By:
THE HONORABLE EDWARD J. DAVILA
U.S. DISTRICT COURT JUDGE

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Respectfully submitted by:

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KeithA.Fink,BarNo. 146841
Sarah E. Hernandez, Bar No. 206305
FINK & STEINBERG
Attorneys at Law
11500 Olympic Boulevard, Suite 316
Los Angeles, California 90064
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
ERIC ANTHONY DEL REAL
GregoryW. Knopp, Bar No. 237615
Gloria C. Jan, Bar No. 165440
Christopher K. Petersen, Bar No. 260631
AKIN GUMP STRAUSS HAUER & FELD LLP
2029 Century Park East Suite 2400
Los Angeles, CA 90061

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Attorneys for Defendant
STARB1JCKS, INC.

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[PROPOSEDI ORDER FOR JOINT STIPULATION TO CONTINUE MEDIATION, EXPERT DESIGNATION CUT-OFF
DEADLINE

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PROOF OF SERVICE

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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

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I am employed in the County of Los Angeles, State of California. I am over the
age of 18 and not a party to the within action; my business address is: 11500 W.
Olympic Boulevard, Suite 316, Los Angeles, California, 90064.
On October 5, 2012, I served the document described as IPROPOSEDj ORDER
ON JOINT STIPULATION TO CONTINUE MEDIATION EXPERT
DESIGNATION CUT-OFF DEADLINE all interested parties in this action as
follows:
[X]

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by placing {] the original [X] true copies thereof enclosed in sealed envelopes
addressed as follows:

Gregory K. Knopp
Gloria C. Jan
Christopher K. Petersen
AKIN GUMP STRAUSS HAUER &
FELDLLP
2029 Century Park East, Suite 2400
Los Angeles, CA 90067

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[X]

(BY MAIL) As follows: I am “readily familiar” with the firm’s practice for
collection and processing correspondence for mailing. Under that practice it
would be deposited with the U.S. Postal Service on that same day with postage
thereon fully prepaid at Los Angeles, California in the ordinary course of
business. I am aware that on motion of the party served, service is presumed
invalid if postal cancellation date or postage meter date is more than one day
after date of deposit for mailing in affidavit.

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(BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of
the addressee.

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(BY FACSIMILE) Using fax number [phone] I transmitted such
document by facsimile machine, pursuant to California Rules of Court 2001 et
s. The facsimile machine complied with Rule 2003(3). The transmission was
reported as complete. I caused the machine to print a transmission report of the
transmission, a copy of which is attached to this declaration. I am employed in
the County of Los Angeles, State of California.

[]

(STATE) I declare under penalty of perjury under the laws of the State of
California that the above is true and correct.

[X]

(FEDERAL) I declare that I am employed in the office of a member of the bar of
this court at whose direction the service was made.

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Dated: October 5, 2012

i__________________________
‘+1ather ‘illdorf

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[PROPOSED] ORDER FOR JOINT STIPULATION TO CONTINUE MEDIATION, EXPERT DESIGNATION CUT-OFF
DEADLINE