Eshagh v. Terminix International

Filing 42

STIPULATION and ORDER to Continue December 5, 2011 Hearing on Pending Motions signed by Chief Judge Anthony W. Ishii on 11/7/2011. (Sant Agata, S)

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, 1 2 3 H. TIM HOFFMAN, SBN 49141 ARTHUR W. LAZEAR, SBN 83603 HOFFMAN & LAZEAR 180 Grand Avenue, Suite 1550 Oakland, CA 94612 Telephone: (510) 763-5700 4 5 6 7 THOMAS F. CAMPBELL (ADMITTED PRO HAC VICE) D. KEIRON MCGOWIN (ADMITTED PRO HAC VICE) CAMPBELL LAW A PROFESSIONAL CORPORATION One Chase Corporate Drive Suite 180 Birmingham, AL 35244 Telephone: (205) 278-6650 8 Attorneys for Plaintiff 9 10 11 12 CHRISTOPHER J. BORDERS SBN 135901 DAVID CREAGH, (ADMITTED PRO HAC VICE) HINSHAW & CULBERTSON LLP One California St., 18th Fl. San Francisco, CA 94111 Telephone: (415) 362-6000 14 222 North LaSalle St., Suite 300 Chicago, Illinois 60601 Telephone: (312) 704-3566 15 Attorneys for Defendants 13 16 17 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION EDVARD ESHAGH, on behalf of himself and all 18 others others similarly situated, 19 Plaintiff, 20 vs. 21 THE TERMINIX INTERNATIONAL COMPANY LIMITED PARTNERSHIP, a limited partnership; 22 TERMINIX INTERNATIONAL, INC., a corporation; 23 24 Defendants. ___________________________________ 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No: 1:11-CV-00222-AWIDLB JOINT STIPULATION & ORDER TO CONTINUE DECEMBER 5, 2011 HEARING ON PENDING MOTIONS Date: March 5, 2012 Time:.1:30 PM Ctrm.: Complaint filed: February 8, 2011 1 JOINT STIPULATION ON CONTINUANCE OF DECEMBER 5, 2011 MOTION , 1 IT IS HEREBY AGREED AND STIPULATED by and between the parties to this 2 3 litigation, by and through their respective counsel, and pursuant to Local Rules 143 and 230(f), 4 as follows: 5 1. 6 arbitration styled The New Rising Star Baptist Church (herein “NRSBC”) v. The Terminix Int’l. 7 Co. L.P., et al. (herein collectively “Terminix”), Augusta Dowd, Arbitrator:1 The following attorneys in this case also represent the following parties in an Alabama 8 A. Thomas F. Campbell (lead attorney in NRSBC and this case) and D. Keiron 9 McGowin represent NRSBC; and 10 B. 11 David Creagh (lead attorney in NRSBC and this case) and David Richards represent Terminix. 12 13 2. 14 Alabama for December 5 - 7, 2011. 15 16 3. Since April 2011, NRSBC has been set for an arbitration hearing in Birmingham, After Judge Wanger was removed from this case due to retirement, this Court recently re- set the hearing on Terminix’s pending motions to dismiss, to compel arbitration, and related 17 18 motions for a December 5, 2011 hearing. 19 4. 20 their calendars to find a date to hear Terminix’s motions which is convenient to both parties 21 considering their lawyers’ upcoming trial schedules. D. Keiron McGowin recently spoke with 22 this Court’s office and was told that any non-holiday Monday at 1:30 p.m. was an acceptable 23 The parties have discussed this conflict, discussed the issue with clients, and compared date. 24 25 26 27 28 1 Augusta Dowd is an attorney with the firm of White Arnold & Dowd P.C., 2025 3rd Ave No. Suite 500, Birmingham , AL 35203-3331. Mrs. Dowd’s e-mail address is: dowd@whitearnolddowd.com. Her telephone number is (205) 323-1888. Her assistant is Anita Ellison. 2 JOINT STIPULATION ON CONTINUANCE OF DECEMBER 5, 2011 MOTION , 1 5. 2 motions from December 5, 2011, to March 5, 2012, at 1:30 p.m. 3 WHEREFORE, the parties hereby agree to a continuance of the hearing on the pending SO STIPULATED. 4 DATED: November 7, 2011. HOFFMAN & LAZEAR 5 H. TIM HOFFMAN, SBN 49141 ARTHUR W. LAZEAR, SBN 83603 6 7 CAMPBELL LAW A Professional Corporation Thomas F. Campbell (pro hac vice) D. Keiron McGowin (pro hac vice) 8 9 10 By: 11 /s/ D. Keiron McGowin Attorneys for Plaintiff 12 HINSHAW & CULBERTSON LLP 13 CHRISTOPHER J. BORDES SBN 135901 DAVID CREAGH, (ADMITTED PRO HAC VICE) 14 15 By: /s/ David Creagh Attorneys for Defendants 16 17 18 ORDER 19 20 21 22 IT IS SO ORDERED. 23 Dated: November 7, 2011 24 25 CHIEF UNITED STATES DISTRICT JUDGE DEAC_Sig nature-END: 0m8i788 26 27 28 3 JOINT STIPULATION ON CONTINUANCE OF DECEMBER 5, 2011 MOTION

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