Kirbyson v. Tesoro Corporation et al, No. 3:2009cv03990 - Document 68 (N.D. Cal. 2011)

Court Description: ORDER DENYING Stipulation to continue the trial date.. Signed by Judge Samuel Conti on 3/2/11. (tdm, COURT STAFF) (Filed on 3/2/2011)
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Kirbyson v. Tesoro Corporation et al Doc. 68 1 M ORENO & R IVERA, LLP 2 1451 River Park Drive, Suite 145 Sacramento, California 95815 3 Tel: 916-922-1200 Fax: 916 922-1301 4 Jesse M. Rivera, CSN 84259 Shanan L. Hewitt, CSN 200168 Jonathan B. Paul, CSN 215884 5 6 7 Attorneys for Plaintiff, GEORGE KIRBYSON 8 IN THE UNITED STATES DISTRICT COURT 9 IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 GEORGE L. KIRBYSON, 12 Plaintiff, 13 vs. 14 15 16 17 18 19 TESORO REFINING AND MARKETING COMPANY, BRUCE SMITH, DAN PORTER, WILLIAM BODNAR, BILL REITZEL, DANIEL CARLSON, RICK RIOS, TAMMY MEAMBER, DIANE DANIELS, LARRY ANGEL, UNITED STEELWORKERS INTERNATIONAL UNION LOCAL 5, JEFF CLARK, STEVE ROJEK, and DOES 1 through 200, inclusive, 20 Defendants. 21 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C09-03990 SC STIPULATED REQUEST FOR ENLARGEMENT OF TIME RE: COURT ORDER OF SEPTEMBER 17, 2010 (DOC. 63); DECLARATION OF SHANAN L. HEWITT IN SUPPORT THEREOF IT IS HEREBY STIPULATED by all parties to this action and the parties have agreed to 22 23 request an enlargement of time of the scheduling order set forth in the Court’s order of 24 September 17, 2010. The parties have stipulated to the enlargement of time for expert 25 disclosure, discovery, hearing of motions, pretrial conference and trial dates. The parties hereby 26 propose the following modified dates: 27 /// 28 /// Dockets.Justia.com 1 Trial Date: November or December 2011 (or later at the Court’s convenience) 2 Discovery Deadline: September 1, 2011 3 Expert Disclosure: July 1, 2011 4 Motions Hearings: Last hearing date for motions, September 30, 2011 5 Pretrial Conference: Two weeks prior to selected trial date 6 7 Date: March 1, 2011 MORENO & RIVERA, LLP 8 _/s/ Shanan L. Hewitt SHANAN L. HEWITT Attorney for Plaintiff, George Kirbyson 9 10 11 Date: March 1, 2011 FULBRIGHT & JAWORSKI, LLP 12 13 /s/ Amy McGinnis Gillinger 14 AMY MCGINNIS GILLINGER, Attorney for Defendant, Tesoro Refining and Marketing Company 15 16 17 Date: March 1, 2011 WEINBERG, ROGER & ROSENFELD 18 19 /s/ Kristina L. Hillman 20 KRISTINA L. HILLMAN, Attorney for Defendant, United Steelworkers International Union, Local 5 21 22 23 24 25 26 27 28 Stipulated Request for Enlargement of Time Page 2 1 DECLARATION OF SHANAN L. HEWITT IN SUPPORT OF 2 STIPULATED REQUEST FOR ENLARGEMENT OF TIME 3 4 5 6 I, Shanan L. Hewitt, declare that: 1. I am attorney of record for Plaintiff GEORGE KIRYBSON and have personal knowledge of each and all of the facts stated in this Declaration. 2. I am an attorney authorized to practice law in the State of California and the U.S. 7 District Courts for the Eastern and Northern Districts of California, the Ninth Circuit Court of 8 Appeals and the United States Supreme Court. 9 3. Plaintiff’s counsel and counsel for Tesoro have agreed to mediate this action. In 10 addition, Plaintiff and Defendant USW Local 5 are currently engaged in settlement discussions. 11 Due to the mediators’ busy calendars, it is anticipated that the parties will not be able to mediate 12 this case before May 2011. In order to conserve additional expense to the parties and the Court’s 13 resources, the parties are requesting that the Court modify the current scheduling order so that the 14 parties may attempt to resolve this case. 15 4. Plaintiff’s counsel has conferred with defense counsel Michael S. Chamberlin and 16 Kristina L. Hillman and the parties have stipulated to an enlargement of time for all scheduling 17 deadlines. It should be noted that, due to Plaintiff’s counsel’s availability and the preparation 18 required for trial, they are requesting a trial date on or after November or December 2011. 19 5. Due to the anticipated timing of mediation in this case and in the interest of saving 20 the time and expense for the parties and the Court, the parties request that the deadlines, as set 21 forth in the Court’s order of September 17, 2010 (Doc. 63), be modified as follows: 22 Trial Date: November or December 2011 (or later at the Court’s convenience) 23 Discovery Deadline: September 1, 2011 24 Expert Disclosure: July 1, 2011 25 Motions Hearing: Last hearing date for motions, September 30, 2011 26 Pretrial Conference: Two weeks prior to selected trial date 27 6. This is the first request for modification of time brought before this Court. 28 7. Counsel is not bringing this request to cause any undue delay or for any dilatory Stipulated Request for Enlargement of Time Page 3 1 2 purpose. 8. Counsel respectfully requests that this Honorable Court grant the parties’ request 3 and continue the dates set forth in the scheduling order in order to permit the parties to attempt to 4 settle this action. 5 I declare under penalty of perjury that the foregoing is true and correct. 6 Executed on this 1st day of March 2011, at Sacramento, California. 7 8 /s/ Shanan L. Hewitt 9 SHANAN L. HEWITT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulated Request for Enlargement of Time Page 4 1 2 George L. Kirbyson v. Tesoro Corp. dba Tesoro Refining and Marketing Company, et al. U.S. District Court, Northern District Sacramento Case Number C 09-03990 SC PROOF OF SERVICE 3 4 5 I am a citizen of the United States, employed in the City and County of Sacramento. My business address is 1451 River Park Dr., Suite 145, Sacramento, California, 95815. I am over the age of 18 years and not a party to the above-entitled action. 6 7 I am familiar with MORENO & RIVERA, LLP's practice whereby the mail is sealed, given the appropriate postage and placed in a designated mail collection area. Each day's mail is collected and deposited in a U.S. mailbox after the close of each day's business. 8 On the following date, I served the attached: 9 STIPULATED REQUEST FOR ENLARGEMENT OF TIME RE: COURT ORDER OF SEPTEMBER 17, 2010 (DOC. 63); DECLARATION OF SHANAN L. HEWITT IN SUPPORT THEREOF 10 11 X on the parties below in this action via electronic mail. 12 ___ 13 (By Express Mail pursuant to Code of Civil Procedure section 1013.) I deposited each sealed envelope, with the postage prepaid, to be delivered via Federal Express to the party(ies) so designated on the service list. 14 addressed as follows: 15 16 17 18 19 Attorneys for Tesoro Michael S. Chamberlin Amy McGinnis Gillinger Fulbright & Jaworski, L.L.P. mchamberlin@fulbright.com agillinger@fulbright.com Attorney for USW Local 5 Kristina L. Hillman Weinberg, Roger & Rosenfeld 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 khillman@unioncounsel.net 20 21 22 I declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed on March 1, 2011 at Sacramento, California. 23 24 25 /s/ Shanan L. Hewitt SHANAN L. HEWITT 26 27 28 Stipulated Request for Enlargement of Time Page 5 1 M ORENO & R IVERA, LLP 2 1451 River Park Drive, Suite 145 Sacramento, California 95815 3 Tel: 916-922-1200 Fax: 916 922-1301 4 Jesse M. Rivera, CSN 84259 Shanan L. Hewitt, CSN 200168 Jonathan B. Paul, CSN 215884 5 6 7 Attorneys for Plaintiff, GEORGE KIRBYSON 8 IN THE UNITED STATES DISTRICT COURT 9 IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 11 GEORGE L. KIRBYSON, 12 Plaintiff, 13 vs. 14 15 16 17 18 19 TESORO REFINING AND MARKETING COMPANY, BRUCE SMITH, DAN PORTER, WILLIAM BODNAR, BILL REITZEL, DANIEL CARLSON, RICK RIOS, TAMMY MEAMBER, DIANE DANIELS, LARRY ANGEL, UNITED STEELWORKERS INTERNATIONAL UNION LOCAL 5, JEFF CLARK, STEVE ROJEK, and DOES 1 through 200, inclusive, 20 Defendants. 21 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. C09-03990 SC [PROPOSED] ORDER ON STIPULATED REQUEST FOR ENLARGEMENT OF TIME RE: COURT ORDER OF SEPTEMBER 17, 2010 (DOC. 63) The parties to this action have stipulated and agreed to an enlargement of time of the 22 23 scheduling order set forth in the Court’s order of September 17, 2010. The parties have 24 stipulated to the enlargement of time for expert disclosure, discovery, hearing of motions, 25 pretrial conference and trial dates. Accordingly, the Court’s order of September 17, 2010 (Doc. 26 63) is modified as follows: 27 /// 28 /// 1 Trial Date: November or December 2011 2 Discovery Deadline: September 1, 2011 3 Expert Disclosure: July 1, 2011 4 Motions Hearings: Last hearing date for motions, September 30, 2011 5 Pretrial Conference: Two weeks prior to selected trial date 6 PURSUANT TO STIPULATION, IT IS SO ORDERED. el Conti amu Judge S RT 12 THE HONORABLE U.S. DISTRICT JUDGE SAMUEL CONTI NO 11 D DENIE ER 14 A H 13 R NIA 10 _____________________________ FO 9 LI 3/2/11 Date: _______________ UNIT ED 8 RT U O S 7 S DISTRICT TE C TA N F D IS T IC T O R C 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Order on Stipulated Request for Enlargement of Time Page 2 1 2 George L. Kirbyson v. Tesoro Corp. dba Tesoro Refining and Marketing Company, et al. U.S. District Court, Northern District Sacramento Case Number C 09-03990 SC PROOF OF SERVICE 3 4 5 I am a citizen of the United States, employed in the City and County of Sacramento. My business address is 1451 River Park Dr., Suite 145, Sacramento, California, 95815. I am over the age of 18 years and not a party to the above-entitled action. 6 7 I am familiar with MORENO & RIVERA, LLP's practice whereby the mail is sealed, given the appropriate postage and placed in a designated mail collection area. Each day's mail is collected and deposited in a U.S. mailbox after the close of each day's business. 8 On the following date, I served the attached: 9 [PROPOSED] ORDER ON STIPULATED REQUEST FOR ENLARGEMENT OF TIME RE: COURT ORDER OF SEPTEMBER 17, 2010 (DOC. 63) 10 11 X 12 ___ 13 14 15 16 on the parties below in this action via electronic mail. (By Express Mail pursuant to Code of Civil Procedure section 1013.) I deposited each sealed envelope, with the postage prepaid, to be delivered via Federal Express to the party(ies) so designated on the service list. addressed as follows: Attorneys for Tesoro Michael S. Chamberlin Amy McGinnis Gillinger Fulbright & Jaworski, L.L.P. Attorney for USW Local 5 Kristina L. Hillman Weinberg, Roger & Rosenfeld 1001 Marina Village Parkway, Suite 200 Alameda, California 94501-1091 mchamberlin@fulbright.com agillinger@fulbright.com khillman@unioncounsel.net 17 18 19 20 21 22 I declare under penalty of perjury that the foregoing is true and correct and that this declaration is executed on March 1, 2011 at Sacramento, California. 23 24 25 /s/ Shanan L. Hewitt SHANAN L. HEWITT 26 27 28 [Proposed] Order on Stipulated Request for Enlargement of Time Page 3