Montoya v. Comcast Corporation

Filing 26

ORDER GRANTING STIPULATION TO CONTINUE 25 . Case Management Conference set for 3/23/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 2/3/2016. (lmh, COURT STAFF) (Filed on 2/3/2016)

1 Mark S. Spring, State Bar No. 155114
[e-mail]
2 Teresa W. Ghali, State Bar No. 252961
[e-mail]
3 CAROTHERS DISANTE & FREUDENBERGER LLP
900 University Avenue, Suite 200
4 Sacramento, California 95825
Telephone: [phone]
5 Facsimile: [phone]
6 Attorneys for Defendant
Comcast Corporation
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Alan Adelman, State Bar No. 170860
8 [e-mail]
LAW OFFICES OF ALAN ADELMAN
9 240 Stockton Street, 4th Fllor
Union Square
10 San Francisco, CA 94108
11 Attorneys for Plaintiff
DAVIN MONTOYA
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

16 DAVIN MONTOYA,
Plaintiff,

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vs.
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COMCAST CORPORATION,
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Defendant.
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Case No. 5:15-cv-02026
Assigned for All Purposes To:
Magistrate Judge Nathanael Cousins
STIPULATION AND ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE

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Case No. 5:15-cv-02026
Stipulation and [Proposed] Order to Continue
Case Management Conference
1035933.1

Plaintiff Davin Montoya (“Plaintiff”) and Defendant Comcast Corporation (“Defendant”)

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2 (collectively “the Parties”), by and through their respective counsel of record named herein, hereby
3 submit this Stipulation and Proposed Order to Continue the Case Management Conference
4 currently set for February 24, 2016 at 10:00 a.m. to March 23, 2016, at 10:00 a.m., pursuant to
5 Local Rule 6-2.
There has been one previous stipulation and request to extend time in this action; namely,

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7 the Court granted the Parties’ June 26, 2015 stipulated request to extend the time to answer the
8 Complaint and continue the August 5, 2015 Status Conference for two weeks, to August 19, 2015,
9 due to both counsel’s unavailability. ECF 7, 8. The Court subsequently vacated the August 19,
10 2015 status conference and issued a case management scheduling order setting a case management
11 conference for February 24, 2016 and setting a trial date of December 5, 2016. ECF 17.
The Parties are currently in the middle of conducting depositions in this action, and two

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13 depositions are currently scheduled for the week of February 24, 2016. The Parties believe that
14 continuing the status conference for 30 days will allow the Parties to provide a more
15 comprehensive update for the Court at the next status conference regarding the status of discovery,
16 the likelihood of settlement and further ADR, and any pre-trial motion practice.
NOW THEREFORE, the Parties stipulate and agree that the Case Management Conference,

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18 currently schedule to take place on February 24, 2016, be continued for four weeks to March 23,
19 2016 at 10:00 a.m, or such other date that is convenient for the Court in late March or early April.
IT IS SO STIPULATED.

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21 Dated: February 3, 2016

CAROTHERS DISANTE & FREUDENBERGER LLP

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By: /s/ Teresa W. Ghali
Teresa W. Ghali
Attorneys for Defendant
COMCAST CORPORATION

25 Dated: February 3, 2016

LAW OFFICES OF ALAN ADELMAN

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By: /s/ Alan Adelman

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Alan Adelman
Attorney for Plaintiff
DAVIN MONTOYA
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1035933.1

Case No. 5:15-cv-02026
Stipulation and Order to Continue Case
Management Conference

ECF ATTESTATION

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I, Teresa W. Ghali, am the ECF User whose ID and Password are being used to file

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3 this STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT
4 CONFERENCE. In compliance with Local Rule 5(i)(3), I hereby attest that I have obtained
5 authorization from Plaintiff’s counsel, Alan Adelman, to file this Stipulation on his behalf.
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Dated: February 3, 2016

By:

/s/ Teresa W. Ghali
Teresa W. Ghali

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1035933.1

Case No. 5:15-cv-02026
Stipulation and Order to Continue Case
Management Conference

ORDER

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The Court, having read and considered the Stipulation to Continue Case Management
Conference, and find good cause, hereby orders as follows:

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IT IS HEREBY ORDERED.

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The Case Management Conference, currently scheduled to take place on February 24, 2016
at 10:00 a.m., will be continued to March 23, 2016, at 10:00 a.m.

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Honorable Nathanael Cousins
Magistrate Judge

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By:

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Dated: February 3, 2016

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1035933.1

Case No. 5:15-cv-02026
Stipulation and Order to Continue Case
Management Conference