Martinez v. Sky Chefts, Incorporated et al

Filing 21

STIPULATION AND ORDER 19 Re: Mediation Completion Deadline. Signed by Judge Ronald M. Whyte on 1/8/14. (jgS, COURT STAFF) (Filed on 1/8/2014)

Alison L. Tsao, State Bar No. 198250
[e-mail]
Connor J. Moyle, State Bar No. 250384
[e-mail]
M. Leah Cameron, State Bar No. 274637
[e-mail]
CAROTHERS DISANTE & FREUDENBERGER LLP
601 Montgomery Street
Suite 350
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
SKY CHEFS, INC. and ERNIE FRENCH
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
JOSETTE MARTINEZ,
Plaintiff,
VS.

SKY CHEFS, INCORPORATED, ERNIE
FRENCH and DOES 1-50, inclusive,
Defendants.

) Case No. 5:13-cv-01754-RMW
)
) Judge: Hon. Ronald M. Whyte
) Ctrm: 6
)
) STIPULATION AND [PROPOSED]
) ORDER RE MEDIATION
) COMPLETION DEADLINE
)
) N.D. Cal. Civ. Local Rule 6-2
)
) Action Filed: April 18, 2013
None Set
) Trial Date:

Case No. 5:13-cv-01754-RMW
STIP. & [PROPOSED] ORDER RE
MEDIATION COMPLETION DEADLINE

GR<n iirns DiS
k
FRLlDfl nr ROI LLP

766791.1

Plaintiff Josette Martinez ("Plaintiff') and Defendant Sky Chefs, Inc. ("Defendant"), by and
through their respective counsel of record in this action pursuant to Northern District Civil Local
Rules 6-1(b) and 6-2, hereby present the following Stipulation and [Proposed] Order modifying the
mediation completion deadline:
WHEREAS, pursuant to the Court's August 12, 2013 Case Management Order (Doc. 17),
this matter was referred to mediation at the parties' request and the Court set a mediation
completion deadline of January 9, 2014;
WHEREAS, the parties have been working to complete the discovery both sides believe is
necessary to make the mediation likely to resolve the case;
WHEREAS, the parties believe that the completion of Plaintiff's deposition is necessary to
facilitate the completion of a fruitful mediation in this matter;
WHEREAS, Plaintiff's deposition was previously scheduled but had to be delayed due to
the parties' efforts to informally resolve certain discovery disputes regarding documents to be
produced prior to Plaintiff's deposition;
WHEREAS, the parties have resolved their discovery disputes and are working to
reschedule Plaintiff's deposition, but will be unable to complete Plaintiff's deposition in time to
schedule the mediation for a date after Plaintiff's deposition but prior to the current mediation
completion deadline;
WHEREAS, the parties are confident that a mediation following Plaintiffs deposition can
be scheduled and completed during the month of January 2014;
WHEREAS, the parties have contacted the assigned mediator regarding these scheduling
issues and Mr. Hodgkins has confirmed that he agrees with the parties' proposal set forth in this
Stipulation;
WHEREAS, pursuant to Northern District Civil Local Rule 6-2(a), the Declaration of
Connor J. Moyle in support of the parties' Stipulation and Proposed Order is filed concurrently
herewith;
NOW THEREFORE, IT IS HEREBY STIPULATED BY AND BETWEEN THE
PARTIES AND THEIR COUNSEL OF RECORD, AND THE PARTIES JOINTLY REQUEST
1
766791.1

Case No. 5:13-cv-01754-RMW
STIP. & [PROPOSED] ORDER RE
MEDIATION COMPLETION DEADLINE

THAT THE COURT ORDER, THAT:
The mediation completion deadline currently set for January 9, 2014 is extended to
February 1, 2014.
IT IS SO STIPULATED.
Dated: December 26 2013

CAROTHERS DiSANTE & FREUDENBERGER LLP

/S/ Connor J. Moyle
Connor J. Moyle
Attorneys for Defendant
SKY CHEFS, INC.
By:

Dated: December2 , 2013

FRANKLIN 'LOYMENT LAW GROUP, LLC

By:

s

441 rili .1

Eugene T. Franklin
meys for PI 'ntiff
OSETTE M TINEZ

Case No. 5:13-cv-01754-RMW
STIP. & [PROPOSED] ORDER RE
MEDIATION COMPLETION DEADLINE
766791.1

[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED THAT:
The mediation completion deadline currently set for January 9, 2014 is extended to
February 1, 2014.

Dated:
The Honorable Ronald M. Whyte
Judge of the United States District Court,
Northern District of California

3
766791.1

Case No. 5:13-cv-01754-RMW
STIP. & [PROPOSED] ORDER RE
MEDIATION COMPLETION DEADLINE