Minkler v. Apple Inc

Filing 10

Ex Parte MOTION to Continue Case Management Conference filed by Nancy Romine Minkler. (Attachments: # 1 Proposed Order)(Lynn, Joseph) (Filed on 2/3/2014)

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WOLFLICK & SIMPSON Gregory D. Wolflick (SBN 108699) 130 North Brand Blvd., Suite 410 Glendale, California 91203 818.243.8300 818.243.0122 – Facsimile Donald W. Stewart (Admitted Pro Hac Vice) J. Paul Lynn (Admitted Pro Hac Vice) STEWART & STEWART, P.C. P.O. Box 2274 Anniston, Alabama 36202 (256) 237-9311 (256) 237-0713 – Facsimile Counsel for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MINKLER, No. C 13-05332 HRL Plaintiff (s), Hon. Howard R. Lloyd v. APPLE, INC., Defendant (s). PLAINTIFF MINKLER’S EX PARTE MOTION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DATES Case Management Conference currently set for: February 25, 2014 at 1:30 p.m. Plaintiff, Nancy Minkler (“Plaintiff”), hereby move this Court under Local Rule 16-2(d) to continue the Case Management Conference currently set for February 25, 2014 by approximately 60 days to April 22, 2014. In support, Plaintiff states as follows: On November 18, 2013, the Court entered an Order Setting Initial Case Management Conference and ADR Deadlines. [Doc. 4]. The Order set a Case Management Conference for 1 February 25, 2014. Id. It further stated that a joint case management statement must be filed at least one week before the conference, and that the parties were required to (1) meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan, (2) file ADR Certification signed by Parties and Counsel, and (3) file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference, three weeks prior to the Case Management Conference. Id. Thereafter, Plaintiff’s counsel encountered delays associating counsel in the Bay Area, in part due to Thanksgiving and Christmas Holidays which soon followed this Court’s initial Order regarding Case Management deadlines. These hurdles likewise delayed service of the Summons and Complaint (and other documents specified in L.R. 4-2) on Defendant, Apple, Inc. As a result, the Defendant’s response to the Complaint will be due after the currently scheduled case management conference hearing date has passed. Thus, the Plaintiff respectfully requests that this Court continue the case management conference currently set for February 25, 2014 by approximately 60 days to April 22, 2014 at 1:30 p.m. Per the Court’s November 18, 2013 Order [Doc. 4], a continuance of the case management conference date would continue the related deadlines as well. A proposed order granting Plaintiff’s motion, and setting forth new case management dates, is filed concurrently herewith. Dated: February 3, 2014 Respectfully Submitted, STEWART & STEWART, P.C. /s/ J. Paul Lynn J. Paul Lynn (Admitted Pro Hac Vice) Attorney for Plaintiff Nancy Minkler 2 CERTIFICATE OF SERVICE I, J. Paul Lynn, an attorney, hereby certify that I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the parties registered with the Court’s CM/ECF system. Additionally, on February 3, 2014, a true and correct copy of the foregoing was placed in an envelope that was deposited in the U.S. Mail at 1826 Third Avenue North, Bessemer, AL 35020, with postage fully pre-paid, to: Apple, Inc. 1 Infinite Loop Cupertino, CA. 95014 Dated: February 3, 2014 By: /s/ J. Paul Lynn J. Paul Lynn 3

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