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Kline v. United Parcel Service

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


May 28, 2009

DANIEL KLINE, PLAINTIFF,
v.
UNITED PARCEL SERVICE, INC., AND 7/10/09 DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.

STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE TO JUNE 19, 2009 Date: June 5, 2009 Time: 2:30 p.m.

Courtroom: 10, 19th Floor Judge: Hon. Susan Illston their respective counsel of record, stipulate and request the Court enter an order as follows:

Plaintiff Daniel Kline and Defendant United Parcel Service, Inc. ("UPS"), appearing through

STIPULATION

1. On February 19, 2009, UPS removed this Action ("Kline") from the Superior Court of California, County of Alameda, pursuant to diversity jurisdiction under 28 U.S.C. section 1332. UPS 6 simultaneously removed Keith Rhinehart v. UPS, No. C-09-0741 ("Rhinehart"). Previously, on December 1, 2008, UPS removed Ben Lopez v. UPS, Inc., No C-08-5396 ("Lopez"), to this Court. The 8 plaintiffs in Lopez, Kline, and Rhinehart are represented by the same set of counsel; and the same set of counsel defends UPS in all of these cases. with Kline and Rhinehart pursuant to Civil Local Rule 3-12; UPS did not oppose the motion; and on March 11, 2009, the Court ordered Lopez, Kline, and Rhinehart related. As Lopez is the case with the lowest number, Kline and Rhinehart were transferred to Judge Illston, to whom Lopez was assigned following removal.

2. On March 6, 2009, plaintiff Ben Lopez filed an administrative motion to relate his case

3. Following transfer, the Court set the initial case management conference in Kline and Rhinehart for June 5, 2009, at 2:30 p.m. The parties had previously appeared on March 6, 2009, for the initial case management conference in Lopez, at which time the Court set a further case management conference for June 19, 2009, at 3:00 p.m.

4. Continuing the case management conferences in Kline and Rhinehart to June 19, 2009, will further judicial economy and conserve the parties' resources by combining the parties' appearances into a single session. In addition, conducting the case management conferences in these related cases on the same day will allow the Court and the parties to consider the lawsuits, case management scheduling, 23 and other issues together. 24

5. Also, lead trial counsel for plaintiff and UPS are unavailable on June 5, 2009, because of a previously scheduled trial set to begin in Los Angeles the following Monday, June 8, 2009. . That case also has a Mandatory Settlement Conference scheduled for Thursday, June 4, 2009 in Los Angeles Superior Court.

6. For these reasons, the parties stipulate to continue the initial case management conference in Kline and Rhinehart to coincide with the further case management conference in Lopez on June 19, 2009, at 3:00 p.m., or a time that is convenient; and ask the Court to enter an order to that effect.

Dated: May 23, 2009

[PROPOSED] ORDER

Good cause appearing, the parties' stipulation to continue the case management conference in this Action is adopted by the Court. The parties are ordered to appear on June 19, 2009, 3:00 p.m., for the initial case management conference. Deadlines calculated from the date of the case management conference are accordingly reset.

20090528

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