Chowchilla Elementary School District v. Ikon Office Solutions, Inc.
Filing
58
STIPULATION to VACATE Dates set in 49 Scheduling Order and ORDER signed by Chief Judge Anthony W. Ishii on 11/15/2011. (Figueroa, O)
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1 Richard L. Seabolt (SBN 67469)
Terrance J. Evans (SBN 227671)
2 DUANE MORRIS LLP
One Market Plaza, Spear Tower
3 Suite 2200
San Francisco, CA 94105-1127
4 T: 415.957.3000
F: 415.957.3001
5 Email: rlseabolt@duanemorris.com
tjevans@duanemorris.com
6
Thomas T. Loder (Pro Hac Vice)
7 Sean K. Burke (Pro Hac Vice)
8 DUANE MORRIS LLP
30 South 17th Street
9 Philadelphia, PA 19103
T: 215-979-1246/7352
10 F: 215-979-1020
Email: ttloder@duanemorris.com
11
sburke@duanemorris.com
12
Attorneys for Defendant,
13 IKON OFFICE SOLUTIONS, INC.
14
IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
16
FRESNO DIVISION
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18 CHOWCHILLA ELEMENTARY
SCHOOL DISTRICT, a California Department
19 of Education entity,
STIPULATION TO VACATE DATES SET
IN SCHEDULING CONFERENCE ORDER
AND [PROPOSED] ORDER
Plaintiff,
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21
Case No. 1:10-cv-01603-AWI-SMS
v.
22 IKON OFFICE SOLUTIONS, INC., an Ohio
Corporation, and DOES 1-50,
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Defendants.
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Judge:
Location:
Anthony W. Ishii
Courtroom 2, Floor 8
STIPULATION
The parties, by their respective counsel, hereby submit this Stipulation and state as follows:
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STIPULATION AND [PROPOSED] ORDER
DM1\2945858.1
58321/00020-1829648.v1
CASE NO. 1:10-CV-01603-OWW-SMS
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1.
After conducting substantial written discovery to date, the parties have each/all
2 agreed to seek to make the necessary arrangements to schedule a mediation to attempt resolution of
3 the claims raised in this proceeding.
4
2.
The parties believe that a successful mediation is more probable if, during and before
5 the time the mediation takes place, all parties can be spared all further fact and expert discovery
6 expenses, including depositions.
7
3.
Moreover, this action has been recently reassigned to Chief U.S. District Court Judge
8 Anthony W. Ishii and the parties recognize that the discovery cut-off dates, pre-trial conference and
9 trial dates previously set may not be realistic due to the Court’s existing calendar.
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4.
For these reasons, and, because the parties do not anticipate being able to conduct a
11 mediation until December the parties agree and request this Court to vacate all dates set in the
12 Court’s previous “SCHEDULING CONFERENCE ORDER” dated May 23, 2011 (Docket #49).
13 The parties request that the Court set a new Scheduling Conference, if necessary, after completion of
14 the mediation if the case is not settled.
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Dated: November 15, 2011
Dated: November 15, 2011
IKON OFFICE SOLUTIONS, INC.
CHOWCHILLA ELEMENTARY SCHOOL
DISTRICT; RAY A MORGAN COMPANY,
INC.; AND TIMOTHY THOMPSON
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/s/ Terrance J. Evans
By its Counsel
Richard L. Seabolt (SBN 67469)
Terrance J. Evans (SBN 227671)
Duane Morris LLP
One Market Plaza, Spear Tower
Suite 2200
San Francisco, CA 94105-1127
T: 415.957.3000
F: 415.957.3001
Email: rlseabolt@duanemorris.com
tjevans@duanemorris.com
/s/ Timothy L. Thompson
Timothy L. Thompson
McCormick, Barstow, Sheppard, Wayte &
Carruth LLP
P.O. Box 28912
5 River Park Place East
Fresno, CA 93720-1501
T: 559-433-1300
F: 559-433-2300
Email:tim.thompson@mccormickbarstow.com
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2
STIPULATION AND [PROPOSED] ORDER
DM1\2945858.1
58321/00020-1829648.v1
CASE NO. 1:10-CV-01603-OWW-SMS
1 Thomas T. Loder (Pro Hac Vice)
Sean K. Burke (Pro Hac Vice)
2 DUANE MORRIS LLP
30 South 17th Street
3 Philadelphia, PA 19103
T: 215-979-1246/7352
4 F: 215-979-1020
Email: ttloder@duanemorris.com
5
sburke@duanemorris.com
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7
ORDER
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GOOD CAUSE APPEARING THEREFORE, it is hereby ordered that all dates set in this
Court’s Scheduling Conference Order dated May 23, 2011 (Docket #49) are hereby vacated. The
Parties are ordered to proceed, as agreed, with a mediation.
If the case is not settled at the
mediation, the Parties are ordered to notify the Court within thirty (30) days of the mediation that the
case was not settled and request the setting of a new scheduling conference where new dates will be
set for the discovery, pre-trial conferences/hearings and trial of this matter.
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Additionally, the parties shall immediately notify the Court in writing of the date of the
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16 mediation once that date has been set.
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Finally, if the mediation is successful, the parties shall notify the Court within five (5) days
of the mediation so that the Court may set deadlines for the parties to submit dismissal papers.
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The parties are warned that failure to provide the Court with the above timely notices may
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21 result in the imposition of sanctions.
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IT IS SO ORDERED.
Dated: November 15, 2011
CHIEF UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
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0m8i788
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STIPULATION AND [PROPOSED] ORDER
DM1\2945858.1
58321/00020-1829648.v1
CASE NO. 1:10-CV-01603-OWW-SMS
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