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Smith v. Pacific Bell Telephone Co.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 17, 2009

BLAKE SMITH, PLAINTIFF,
v.
PACIFIC BELL TELEPHONE COMPANY, INC., AT&T COMMUNICATIONS OF CALIFORNIA, INC., SBC TELECOM, INC., COMMUNICATIONS WORKERS OF AMERICA LOCAL 9333 UNION, AFL-CIO, COMMUNICATIONS WORKERS OF AMERICA DISTRICT 9 UNION AFL-CIO, SHANE SPENCER, AN INDIVIDUAL, ALAN BROWN, AN INDIVIDUAL AND DOES 1-100, DEFENDANTS.

The opinion of the court was delivered by: Judge: Honorable Oliver W. Wanger

JOINT STIPULATION TO CONTINUE TRIAL, PRETRIAL CONFERENCE, AND RELATED FORTHCOMING DEADLINES TO SEPTEMBER 2009 DUE TO PENDING SUMMARY JUDGMENT MOTIONS; ORDER Court: Courtroom 3 Pretrial Conference: March 23, 2009 Trial Date: April 21, 2009

DAVID A. ROSENFELD (SB# 058163) (courtnotices@unioncounsel.net) CAREN P. SENCER (SB# 233488) WEINBERG, ROGER & ROSENFELD A Professional Corporation 1001 Marina Village Parkway, Suite 200 Alameda, CA 94501-1091 Telephone: (510) 337-1001 Facsimile: (510) 337-1023 STEVEN J. JOFFE, (SB# 108419) CRAIG C. HUNTER (SB# 71299) (craig.hunter@wilsonelser.com) WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP 555 South Flower Street, Suite 2900 Los Angeles, CA 90071 Telephone: (213) 443-5100 Facsimile: (213) 443-5101 Attorneys for Defendant COMMUNICATIONS WORKERS OF AMERICA DISTRICT 9 UNION AFL-CIO THOMAS MICHAEL SHARPE (SB# 69697) (mnbennettlaw@sbcglobal.net) BENNETT & SHARPE, INC. 2444 Main Street, Suite 110 Fresno, CA 93721 Telephone: (559) 0120 Facsimile: ((559) 485-5823) Attorneys for Defendant COMMUNICATIONS WORKERS OF AMERICA LOCAL 9333 UNION AFL-CIO

All parties join in respectfully requesting that the Court continue the April 21, 2009, trial; the March 23, 2009, final pretrial conference; and all other forthcoming pretrial deadlines to dates convenient for the Court in September 2009, subject to the Court's ruling on Defendants' pending summary judgment motions. On November 6, 2008, and again on January 22, 2009, this Court entered an order, pursuant to an all-party stipulation, continuing the trial and pretrial dates, pending the Court's ruling on Defendants' summary judgment motions. As the summary judgment motions remain under submission, the parties now respectfully seek a continuance of the dates currently set. The Court heard Defendants' motions for summary judgment on September 29, 2008. Following the hearing, Plaintiff filed a supplemental brief, and Defendants filed responses thereto. The matter stands submitted. The parties' counsel would like to avoid imposing on their respective clients the costs of trial preparation, including final preparation of the joint pretrial statement and appearance at the final pretrial conference, while the summary judgment motions are pending. This stipulated request addresses only the trial, final pretrial conference, and other forthcoming pretrial deadlines; it does not affect any previous deadlines. This stipulated request is not presented for purposes of delay. Defendants' summary judgment motions were filed on December 28, 2007, well in advance of the trial date. The initially noticed hearing date of January 28, 2008, was postponed several times --- first in order to afford Plaintiff additional time for discovery, and then on the Court's own motion due to the press of the Court's business. There have been two previous requests to vacate or extend the trial date pending the summary judgment ruling.

IT IS SO STIPULATED.

DATED: March 10, 2009

PAUL, HASTINGS, JANOFSKY & WALKER LLP J. AL LATHAM, JR. Attorneys for Defendants PACIFIC BELL TELEPHONE COMPANY, SHANE SPENCER AND ALAN BROWN WEINBERG, ROGER & ROSENFELD Caren P. Sencer as authorized on 3/10/09 Attorneys for Defendants COMMUNICATIONS WORKERS OF AMERICA DISTRICT 9 UNION AFL-CIO WILSON, ELSER, MOSKOWITZ EDELMAN & DICKER LLP Craig C. Hunter as authorized on 3/10/09 Attorneys for Defendants COMMUNICATIONS WORKERS OF AMERICA DISTRICT 9 UNION AFL-CIO BENNETT & SHARPE Thomas Michael Sharpe as authorized on 3/10/09 Attorneys for Defendants COMMUNICATIONS WORKERS OF AMERICA LOCAL 9333 UNION AFL-CIO LAW OFFICES OF JUSTIN THOMAS ALLEN Justin Thomas Allen as authorized on 3/10/09 Attorneys for Plaintiff BLAKE SMITH

ORDER

Pursuant to the Stipulation of the parties, and good cause appearing therefor, the Court hereby continues the trial date currently set for April 21, 2009 to September 15, 2009; the Final Pretrial Conference is continued from March 23, 2009 to August 3, 2009; and all corresponding pretrial deadlines not yet past as of the date of the parties' Stipulation are continued in accordance with the Federal and Eastern District Court rules.

IT IS SO ORDERED.

OLIVER W. WANGER UNITED STATES DISTRICT JUDGE

20090317

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