Montoya v. Comcast Corporation

Filing 8

ORDER GRANTING STIPULATION TO EXTEND TIME TO ANSWER COMPLAINT 7 . Case Management Conference continued to 8/19/2015 10:00 AM in Courtroom 7, 4th Floor, San Jose. Joint case management statement due 8/12/2015. Signed by Judge Nathanael Cousins on 6/29/2015. (lmh, COURT STAFF) (Filed on 6/29/2015)

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
4 Suite 200
Sacramento, California 95825
5 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Defendant
7 Comcast Corporation
8 Alan Adelman, State Bar No. 170860
[e-mail]
9 LAW OFFICES OF ALAN ADELMAN
240 Stockton Street, 4th Fllor
10 Union Square
San Francisco, CA 94108
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Attorneys for Plaintiff
12 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-NC
Assigned for All Purposes To:
Magistrate Judge Nathanael Cousins
STIPULATION TO EXTEND TIME TO
ANSWER COMPLAINT; STIPULATED
REQUEST TO CONTINUE AUGUST 5,
2015 STATUS CONFERENCE TO
AUGUST 19, 2015; DECLARATION OF
TERESA W. GHALI; [PROPOSED]
ORDER

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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE; [PROPOSED]
ORDER
943498.1

Pursuant to Northern District of California Local Rule 6-1 (a), Plaintiff Davin Montoya

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2 (“Plaintiff”) and Defendant Comcast Corporation (“Defendant”), through their undersigned
3 counsel, hereby agree and stipulate that Defendant shall have an extension of time until July 10,
4 2015 to file its Answer to Plaintiff’s Complaint, which was filed with this Court on May 5, 2015.
5 The parties have been engaged in negotiations to resolve this matter, but as these attempts were not
6 successful, the parties have now agreed that Defendant may respond to Plaintiff’s complaint on
7 July 10, 2015.
The parties also stipulate and consent to the jurisdiction of Magistrate Judge Nathanael

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9 Cousins for all purposes in this case.
Additionally, pursuant to Northern District of California Local Rule 6-2, the parties

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11 stipulate and request an order rescheduling the Initial Case Management Conference in this matter,
12 currently scheduled for August 5, 2015, to August 19, 2015 (or in the alternative, August 12 or
13 August 26, 2015). The parties request this enlargement of time because Plaintiff’s counsel, Alan
14 Adelman, and lead defense counsel, Mark S. Spring, are unavailable to appear on August 5, 2015.
15 Mr. Adelman will be on a backpacking trip in the Sierra Nevada Mountains, and Mark S. Spring is
16 on a prepaid vacation the week of August 2 due to his sister’s wedding. Declaration of Teresa W.
17 Ghali ¶ 2. The stipulation to extend time to respond to the Complaint and stipulated request to
18 reschedule the Initial CMC are the first requests for time modification in this case; these extensions
19 will not affect the parties’ ability to proceed with this litigation in a timely fashion. Id.
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IT IS SO STIPULATED.

21 Dated: June 26, 2015

CAROTHERS DISANTE & FREUDENBERGER LLP

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

25 Dated: June 26, 2015

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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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE; [PROPOSED]
ORDER

943498.1

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DECLARATION OF TERESA W. GHALI
1.

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I am an attorney at law duly licensed to practice before all of the courts in the State

3 of California. I am an associate with the law firm of Carothers DiSante & Freudenberger LLP
4 (“CDF”), counsel of record for Comcast Corporation (“Defendant” or “Comcast”) in this action. I
5 have personal knowledge of the facts set forth in this Declaration and, if called as a witness, could
6 and would testify competently to such facts under oath.
2.

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The parties request that the Initial Case Management Conference in this matter,

8 currently scheduled for August 5, 2015, be moved to August 19, 2015, or in the alternative, August
9 12 or August 26, 2015. The parties seek this enlargement of time because Plaintiff’s counsel and
10 lead defense counsel, Mark S. Spring, are unavailable to appear on August 5, 2015. Mr. Adelman
11 has informed our firm that he will be on a backpacking trip in the Sierra Nevada Mountains during
12 that week. Mr. Spring is lead trial counsel and he has informed me that he is on vacation from late
13 July through August 8, in New York, as his sister is getting married during this time in New York.
3.

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The stipulation to extend time to respond to the Complaint and stipulated request to

15 reschedule the Initial CMC are the first requests for time modification in this case; these extensions
16 will not affect the parties’ ability to proceed with this litigation in a timely fashion. Id.
4.

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Per Northern District Local Rule 5-1(i)(3), I attest that I have obtained authorization

18 from Plaintiff’s counsel, Alan Adelman, to file this Stipulation on his behalf.
I declare under penalty of perjury under the laws of the State of California and the United

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20 States of America that the foregoing is true and correct.
Executed on this 26th day of June, 2015, at San Francisco, California.

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/s/ Teresa W. Ghali
Teresa W. Ghali

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943498.1

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE; [PROPOSED]
ORDER

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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3 The Initial Case Management Conference in this action shall take place on August __, 2015.
4 Joint case management statement due August 12, 2015.

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943498.1

STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE; [PROPOSED]
ORDER