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Taylor Bayer v. Neiman Marcus Holdings

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA -- SAN FRANCISCO DIVISION


December 20, 2011

TAYLOR BAYER,
PLAINTIFF/APPELLEE,
v.
NEIMAN MARCUS HOLDINGS, INC.,
DEFENDANT/APPELLANT.

The opinion of the court was delivered by: Judge: Hon. Maria-Elena James

(Assigned for all purposes to Honorable Maria-Elena James)

STIPULATION FOR EXTENSION OF DATES FOR ADR AND CASE MANAGEMENT CONFERENCE PENDING RESOLUTION OF MOTION FOR STAY

Courtroom: B

WHEREAS, Defendant/Appellant NEIMAN MARCUS GROUP, INC. ("NMG") has 24 filed a motion for stay of district court proceedings during the pendency of its appeal of the 25 Court's order denying NMG's motion to compel arbitration (docket no. 30). 26

WHEREAS, NMG and Plaintiff/Appellee TAYLOR BAYER ("Bayer") have conferred 27 regarding said motion, and Bayer does not intend to oppose NMG's motion for stay. 28

WHEREAS, pursuant to the parties' prior Stipulation for Extension of Dates (docket no. 25), the parties must file an ADR Certification and Stipulation to ADR Process or Notice of Need 2 for ADR Conference by December 22, 2011; file a Joint Case Management Conference Statement 3 by January 5, 2012; exchange Initial Disclosures by January 5, 2012; and attend an Initial Case 4 Management Conference at 10:00 a.m. on January 12, 2012. 5

WHEREAS, a stay of the trial court action, if granted, would result in a stay of discovery 6 and ADR proceedings in the trial court and obviate the present need for a case management 7 conference and order until the appeal before the Ninth Circuit Court of Appeals has been 8 completed. 9

IT IS HEREBY STIPULATED AS FOLLOWS:

1. In light of Defendant's pending Motion for Stay and the parties' desire to have that Motion determined before they conduct the various case management and pre-trial matters, the 12 deadlines (1) to file an ADR Certification signed by Parties and Counsel, (2) to file either a 13 Stipulation to ADR Process or Notice of Need for ADR Phone Conference, (3) to file a Joint Case 14 Management Conference Statement, and (4) to exchange Initial Disclosures shall be deferred 15 indefinitely if this Court grants the Motion for Stay. In the event the Court denies said motion, 16 said deadlines shall be deferred until 30 days after the entry of the Court's order. 17

1. The Initial Case Management Conference, currently scheduled for January 12, 2012, shall be cancelled and rescheduled in accordance with the foregoing. 19 20

Dated: December 20, 2011 JACKSON LEWIS LLP 21 22 By: /s/ Karen E. Griffin JoAnna Brooks Karen E. Griffin Dan Hartsfield Allyson L. Johnson Attorneys for Defendant/Appellant The NEIMAN MARCUS GROUP, Dated: December 20, 2011 McGUINN HILLSMAN & PALEFSKY 2 3 By: /s/ Keith Ehrman Cliff Palefsky 4 Keith Ehrman 5 Attorneys for Plaintiff/Appellee TAYLER BAYER

IT IS SO ORDERED.

HONORABLE MARIA-ELENA JAMES United States Magistrate Judge

20111220

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