O'Rourke-v-Comcast Corp et al

Filing 37

ORDER GRANTING 36 Stipulation Continuing Case Management Conference filed by Comcast Corporation, Lawrence Salva. Joint Case Management Statement due by 4/16/2015. Case Management Conference set for 4/23/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 2/11/2015. (ecg, COURT STAFF) (Filed on 2/11/2015)

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Attorneys for Defendants Comcast Corporation
and Lawrence Salva

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Thomas R. Burke (CA State Bar No. 141930)
[e-mail]
John D. Seiver (Admitted pro hac vice)
[e-mail]
Deborah A. Adler (CA State Bar No. 209525)
[e-mail]
Sanjay M. Nangia (CA State Bar No. 264986)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]

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DAVIS WRIGHT TREMAINE LLP

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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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Plaintiff,
vs.
COMCAST CORPORATION, a Pennsylvania
Corporation; LAWRENCE SALVA, an
individual; and DOES 1-20, unknown
individuals;
Defendants.

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CONAL O’ROURKE, an individual;

Case No. 5:14-cv-04637-EJD
STIPULATED REQUEST FOR AN ORDER
CHANGING TIME OF CASE
MANAGEMENT CONFERENCE
[Civ. L.R. 6-2]

WHEREAS, on October 16, 2014, Plaintiff Conal O’Rourke (“Plaintiff”) filed a Complaint
against Defendants Comcast Corporation (“Comcast”), Lawrence Salva (“Salva”), and DOES 1-20
(“Does”) (collectively, “Defendants”);
WHEREAS, Defendants were served on different days;
WHEREAS, on January 7, 2015, the Court granted the parties’ request to refer the case to
Magistrate Judge Paul S. Grewal for an early settlement conference, which is now scheduled for
March 25, 2015;
WHEREAS, Plaintiff and Defendants stipulated, and on January 14, 2015, the Court
ordered, to extend the deadline for Comcast and Salva to answer, move, or otherwise respond to
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STIPULATED REQUEST FOR AN ORDER CHANGING TIME OF CMC
Case No. 5:14-cv-04637-EJD
DWT 26136132v1 0107080-000265

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Plaintiff’s Complaint up to and including 10 days after the conclusion of the early settlement

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conference, which is April 3, 2015;

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WHEREAS, there is a Case Management Conference currently scheduled for March 5,

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2015, which requires the parties to meet and confer, agree upon a joint discovery plan, and attend

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the Conference, approximately three weeks in advance of the early settlement conference;

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WHEREAS, Defendant Salva contends that this Court lacks personal jurisdiction and that

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the filing of this stipulated request does not in any way amount to consent to jurisdiction or waive

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his right to object to jurisdiction in this Court;

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NOW THEREFORE, Plaintiff and Defendants HEREBY STIPULATE AND REQUEST

DAVIS WRIGHT TREMAINE LLP

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AS FOLLOWS:

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1.

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The Case Management Conference is continued to April 23, 2015 in the event that

the parties do not resolve this matter at the settlement conference; and
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The filing of this stipulation does not in any way amount to Defendant Salva’s

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consent to jurisdiction or waive his right to object to jurisdiction in this Court.
3. Joint Case Management Conference statement due April 16, 2015.
IT IS SO STIPULATED.

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DATED: February 10, 2015

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DAVIS WRIGHT TREMAINE LLP

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By:

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Thomas R. Burke (CA State Bar No. 141930)
[e-mail]
John D. Seiver (Admitted pro hac vice)
[e-mail]
Deborah Adler (CA State Bar No. 209525)
[e-mail]
Sanjay M. Nangia (CA State Bar No. 264986)
[e-mail]
DAVIS WRIGHT TREMAINE LLP
505 Montgomery Street, Suite 800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

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/s/ Thomas R. Burke

Attorneys for Defendants Comcast Corporation
and Lawrence Salva

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STIPULATED REQUEST FOR AN ORDER CHANGING TIME OF CMC
Case No. 5:14-cv-04637-EJD
DWT 26136132v1 0107080-000265

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DATED: February 10, 2015

DHILLON LAW GROUP INC.

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By:

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Harmeet K. Dhillon (CA State Bar No. 207873)
[e-mail]
Krista L. Baughman (CA State Bar No. 264600)
[e-mail]
John-Paul S. Deol (CA State Bar No. 284893)
[e-mail]
DHILLON LAW GROUP INC.
177 Post Street, Suite 700
San Francisco, CA 94108
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Conal O’Rourke

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/s/ Harmeet K. Dhillon

DAVIS WRIGHT TREMAINE LLP

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ATTESTATION
I, Deborah A. Adler, hereby attest that concurrences in the filing of this document have
been obtained from each of the signatories.

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/s/ Deborah A. Adler
Deborah A. Adler

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STIPULATED REQUEST FOR AN ORDER CHANGING TIME OF CMC
Case No. 5:14-cv-04637-EJD
DWT 26136132v1 0107080-000265

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PROOF OF SERVICE
I, Natasha Majorko, declare under penalty of perjury under the laws of the State of
California that the following is true and correct:
I, the undersigned, hereby declare that I am over the age of eighteen years and not a party
to this action. I am employed, or am a resident of the County of San Francisco, California, and my
business address is: DAVIS WRIGHT TREMAINE LLP, and my business address is 505
Montgomery Street, Suite 800, San Francisco, California 94111-6533
On February 10, 2015, I caused to be served the following document(s):

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DAVIS WRIGHT TREMAINE LLP

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•

STIPULATED REQUEST FOR AN ORDER CHANGING TIME OF CASE
MANAGEMENT CONFERENCE

on the interested party (ies) in this action by placing a true copy thereof and addressed as follows:
Harmeet K. Dhillon (CA State Bar No. 207873)
Krista L. Baughman (CA State Bar No. 264600)
John-Paul S. Deol (CA State Bar No. 284893)
DHILLON LAW GROUP INC.
177 Post Street, Suite 700
San Francisco, CA 94108
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff Conal O’Rourke
(By ELECTRONIC SERVICE VIA CM/ECF SYSTEM) In accordance with the
electronic filing procedures of this Court, service has been effected on the parties above,
whose counsel of record is a registered participant of CM/ECF, via electronic service
through the CM/ECF system.
(By MAIL SERVICE) I then sealed each envelope and, with postage thereon fully prepaid
postage, I placed each for deposit with United States Postal Service, this same day, at my
business address shown above, following ordinary business practices.
(By PERSONAL SERVICE) I delivered such envelope by hand to the office of the
addressee.

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STIPULATED REQUEST FOR AN ORDER CHANGING TIME OF CMC
Case No. 5:14-cv-04637-EJD
DWT 26136132v1 0107080-000265

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DAVIS WRIGHT TREMAINE LLP

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(By FACSIMILE) I transmitted the documents by facsimile machine, pursuant to California
Rules of Court, Rule 2.306. The facsimile machine I used complied with Rule 2.301 and no
error was reported by the machine. The transmitting facsimile machine number is (619)
615-0700. The fax number of the party being served is listed above. Pursuant to Rule 2.306,
I caused the machine to print a transmission record of the transmission, a copy of which is
attached to this declaration.
(By OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained
by the express service carrier, or delivered to a courier or driver authorized by the express
service carrier to receive documents, in an envelope or package with delivery fees paid or
provided for, and addressed on whom it is to be served pursuant to Code of Civil Procedure
section 10 13(c).
(By E-MAIL OR ELECTRONIC TRANSMISSION) Based on a court order or an
agreement of the parties to accept service by e-mail or electronic transmission, I caused the
documents to be sent to the person(s) at the email addresses listed above. I did not receive,
within a reasonable time after the transmission, any electronic message or other indication
that the transmission was unsuccessful.

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I declare that I am employed by the office of a member of the bar of this court at whose
direction the service was made.
Executed February 10, 2015, at San Francisco, California.

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/s/ Natasha Majorko
Natasha Majorko

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STIPULATED REQUEST FOR AN ORDER CHANGING TIME OF CMC
Case No. 5:14-cv-04637-EJD
DWT 26136132v1 0107080-000265