Steiner et al v. Home Depot, U.S.A., Inc.

Filing 25

ORDER by Magistrate Judge Maria-Elena James granting 23 Stipulation Continuing Mediation Deadline. (rmm2S, COURT STAFF) (Filed on 8/10/2012)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 James T. Conley, State Bar No. 224174 james.conley@ogletreedeakins.com Nyoki T. Sacramento, State Bar No. 239046 nyoki.sacramento@ogletreedeakins.com Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Steuart Tower, Suite 1300 One Market Plaza San Francisco, CA 94105 Telephone: 415.442.4810 Facsimile: 415.442.4870 Attorneys for Defendant HOME DEPOT U.S.A., INC. Ryan J. Vlasak, State Bar No. 241581 rvlasak@bvlawsf.com Michael R. Bracamontes, State Bar No. 242655 mbracamontes@bvlawsf.com Kristen M. Ross, State Bar No. 250917 kross@bvlawsf.com BRACAMONTES & VLASAK, P.C. 220 Montgomery Street, Suite 870 San Francisco, CA 94104 Telephone: (415) 835-6777 Facsimile: (415) 835-6780 Attorneys for Plaintiffs HOWARD STEINER and BARRY TAYLOR 16 17 UNITED STATES DISTRICT COURT 18 FOR THE NORTHERN DISTRICT OF CALIFORNIA 19 20 23 24 25 JOINT STIPULATION AND [PROPOSED] ORDER CONTINUNG MEDIATION DEADLINE Plaintiffs, 21 22 Case No. C 11 6495 MEJ HOWARD STEINER and BARRY TAYLOR, vs. THE HOME DEPOT, U.S.A., INC. and DOES 1 Action Filed: through 20, inclusive, Trial Date: November 18, 2011 April 8, 2013 Defendants. 26 27 28 1 Case No. CV 11 6495 MEJ JOINT STIPULATION AND [PROPOSED] ORDER CONTINUNG MEDIATION DEADLINE 1 Pursuant to Civil Local Rules 6-2, 7-12, AND ADR Local Rule 6-5, Defendant Home 2 Depot U.S.A., Inc. (“Defendant”) and Plaintiffs Howard Steiner and Barry Taylor (“Plaintiffs”) 3 (collectively the “Parties”) submit the following stipulation for an extension of time to complete 4 mediation in this action. Good cause exists to extend the deadline. 5 6 7 1. On March 19, 2012, the Court ordered the parties to complete mediation within 90 2. On April 30, 2012, the Parties submitted a stipulation seeking to continue the days. 8 mediation deadline and expert discovery deadlines due to the Parties’ and the mediator’s 9 conflicting schedules. On that same day, the Court ordered that the deadline to complete mediation 10 11 be continued to August 31, 2012. 3. On or about June 15, 2012, Defendant’s former lead trial counsel, Andrew 12 Jaramillo, resigned from his position as a shareholder at Ogletree, Deakins, Nash, Smoak, & 13 Stewart, P.C., and he is no longer representing Defendant in this action. 14 4. Pursuant to the Notice of Change of Counsel, which Defendant filed with the Court 15 on July 13, 2012, James T. Conley is now Defendant’s lead trial counsel in this action. As a result 16 of this substitution, the interests of justice, fairness and equity dictate that the Court exercise its 17 discretion and extend the mediation deadline so that Defendant’s new lead trial counsel, Mr. 18 Conley, can have adequate time to review the files, prepare Defendant’s witnesses, and prepare for 19 an effective mediation. 20 NOW, THEREFORE, the Parties, through their respective counsel of record AGREE 21 AND HEREBY STIPULATE AND REQUEST that the Court extend the mediation deadline as 22 follows: 23 The deadline to complete mediation shall be continued to September 28, 2012. 24 25 26 27 28 2 Case No. CV 11 6495 MEJ JOINT STIPULATION AND [PROPOSED] ORDER CONTINUNG MEDIATION DEADLINE 1 IT IS SO STIPULATED, BY AND THROUGH COUNSEL OF RECORD. 2 3 DATED: August 10, 2012 BRACAMONTES & VLASAK, P.C. 4 5 By: /s/ Kristen M. Ross Ryan J. Vlasak Michael R. Bracamontes Kristen M. Ross 6 7 8 Attorneys for Plaintiffs HOWARD STEINER and BARRY TAYLOR 9 10 DATED: August 10, 2012 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 11 12 13 By: / s / Nyoki T. Sacramento Nyoki T. Sacramento James T. Conley 14 15 Attorneys for Defendant HOME DEPOT U.S.A., INC. 16 17 18 Pursuant to General Order 45, §X.B, the filer of this document attests that he/she has received the concurrence of this signatory to file this document. 19 20 21 The deadline to complete mediation shall be continued to September 28, 2012. S UNIT ED 26 August 10, 2012 Dated: ___________________ NO ___________________________ Judge of the U.S. -Elena James District Court Maria RT 28 Judge H ER FO 27 RT U O 25 ISTRIC ES D TC AT T R NIA 24 LI 23 PURSUANT TO STIPULATION, IT IS SO ORDERED that: A 22 CaseC No. CV 11 6495 MEJ N F D IS T IC T O R JOINT STIPULATION AND [PROPOSED] ORDER CONTINUNG MEDIATION DEADLINE 3

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