UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
February 1, 2008
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, PLAINTIFF,
ABLE SERVICES, INC. DBA ABLE BUILDING MAINTENANCE COMPANY, DEFENDANT.
STIPULATION AND REQUEST TO CONTINUE CASE MANAGEMENT DATES; DECLARATION OF CINDY O'HARA; [proposed] ORDER
STIPULATION AND REQUEST
The parties to this action, by and through their counsel of record, hereby stipulate and request a two month continuance of the February 8, 2008 case management conference, and a three month continuance of all other case management dates in this matter. This request is based on the stipulation of the parties, and on the accompanying declaration of Cindy O'Hara in support thereof.
The requested continued dates are as follows:
Event Current date Proposed date Case management February 8, 2008 April 11, 2008 conference Designation of experts March 3, 2008 June 2, 2008
Designation of rebuttal March 21, 2008 June 20, 2008 experts Non-expert and expert April 4, 2008 July 7, 2008 discovery cutoff Dispositive motions filed April 11, 2008 July 11, 2008 by Dispositive motion hearing May 16, 2008 August 15, 2008 by Pretrial conference date June 17, 2008 September 16, 2008 Jury trial date June 30, 2008 September 29, 2008
IT IS SO STIPULATED.
Dated: January 29, 2008 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
For Plaintiff EEOC
KAUFF McCLAIN & McGUIRE, LLP
Charles L. Thomson, IV
For Defendant Able Services, Inc.
DECLARATION OF CINDY O'HARA
I, Cindy O'Hara, declare:
1. I am an attorney at law licensed to practice in the state of California, a senior trial attorney with Plaintiff Equal Employment Opportunity Commission (EEOC), and an attorney of record for Plaintiff EEOC in this action.
2. On November 16, 2007, Defendant Able Services's counsel Danielle Ellis and I, as counsel for Plaintiff EEOC, attended a case management conference, at which we discussed with the Court our plans for Defendant obtaining some documents through subpoena, and Plaintiff EEOC conducting one deposition, and then returning to mediation. At said case management conference, Ms. Ellis informed me that she was leaving right after the case management conference for the Thanksgiving week. The following week I was in Chicago all are in the process of arranging a mediation and a date for Plaintiff EEOC's deposition.
that the mediation would have taken place by then and it has not, the parties now request a two month continuance of that date to allow the parties to conduct the discovery they represented was necessary prior to mediation (subpoena of documents on the part of Defendant, one deposition on the part of Plaintiff), and the mediation session, prior to a Case Management Conference.
leave, the parties request that all dates be continued as set forth in the proposed order below, to allow the parties to conduct and conclude discovery should they not be successful in settling the case at mediation.
week on depositions in another matter. I returned to the office on December 3, 2007, however on December 5, 2007 I commenced an unanticipated six week medical leave, from which I just returned on January 18, 2008. Nothing was done on the case in my absence.
3. Since my return to work, I have spoken with Ms. Ellis and the mediator, and we
4. Since the February 8, 2008 Case Management Conference was set anticipating
5. In addition, because of the unanticipated delay in this case due to my medical
I declare under penalty of perjury that the foregoing is true and correct. Executed this 29th day of January, 2008, at San Francisco, California.
It is ordered that the case management dates in this matter be continued as follows:
Event Current date New date
Case management conference February 8, 2008 April 11, 2008
Designation of experts March 3, 2008 June 2, 2008
Designation of rebuttal March 21, 2008 June 20, 2008 experts
Non-expert and expert April 4, 2008 July 7, 2008 discovery cutoff
Dispositive motions filed by April 11, 2008 July 11, 2008
Dispositive motion hearing by May 16, 2008 August 15, 2008
Pretrial conference date June 17, 2008 September 16, 2008
Jury trial date June 30, 2008 September 29, 2008
IT IS SO ORDERED.
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