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Jesse Houghtailing v. Frito-Lay North America

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


April 9, 2012

JESSE HOUGHTAILING,
PLAINTIFF,
v.
FRITO-LAY NORTH AMERICA, INC., AND GRANTING PEPSICO, INC., AND DOES 1 TO 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Judge: Hon. Thelton E. Henderson

Action Filed: August 24, 2011

STIPULATION AND REQUEST TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER CONTINUANCE

Removal Filed: October 14, 2011

Trial Date: None Set

TO THIS HONORABLE COURT:

Plaintiff Jesse Houghtailing (hereinafter "Plaintiff"), by and through his counsel, and Defendants Frito-Lay North America, Inc. and Pepsico, Inc. ("Defendants"), by and through their 4 counsel, do hereby agree, stipulate, and respectfully request as follows: 5 1. WHEREAS, the further case management conference in this case is currently 6 scheduled for Monday, April 30, 2012 at 1:30 p.m., before the Court;

2. WHEREAS, Defendants subpoenaed Plaintiff's medical records on or about February 24, 2012 for production on March 23, 2012; 9

3. WHEREAS, Defendants have not received the entirety of the subpoenaed 10 documents to date; 11 12 has noticed Plaintiff's deposition for May 10, 2012. The parties tried, but were unable to agree to 13 an earlier date due to scheduling conflicts; 14 15 further case management conference after Defendant has deposed Plaintiff; 16

4. WHEREAS, the parties have agreed and Defendant Frito-Lay North America, Inc.

5. WHEREAS, the parties believe that it would be most productive to conduct the

6. WHEREAS Plaintiff and his counsel have another case before this Court, Jesse

Houghtailing v. Crown Equipment Corp., Case Number 311-cv-05040-TEH, and the further case 18 management conference for that matter is also currently scheduled for April 30, 2012 at 1:30 p.m.; 19 and 20

7. WHEREAS counsel for Crown Equipment also agrees to a continuance of the 21 further case management conference because it too has discovery that is currently outstanding; 22 23 case management conference from April 30, 2012 until June 11, 2012. The parties are also 24 available for a further case management conference on June 4, 2012. 25

8. THE PARTIES HEREBY STIPULATE to continue the currently scheduled further

IT IS SO STIPULATED.

Dated: April 5, 2012 DuCHARME & COHEN 3 4 By /s/ James A. DuCharme JAMES A. DuCHARME Attorneys for Plaintiff JESSE HOUGHTAILING Dated: April 6, 2012 VILLARREAL HUTNER & TODD PC 8 9 By /s/ Julie Wong TRACY S. TODD JULIE WONG Attorneys for Defendants FRITO-LAY NORTH AMERICA, INC. and PEPSICO, INC.

ATTESTMENT OF CONCURRENCE PER GENERAL ORDER 45 FOR FILING:

I attest that concurrence in the filing of this document by the signatory James A. Du Charme, has been obtained, and that a record of the concurrence shall be maintained by Villarreal Hutner & Todd PC.

I declare under penalty of perjury pursuant to the laws of the United States of America that the foregoing is true and correct.

Executed at San Francisco, California this 6th day of April, 2012.

Julie Wong

JULIE WONG

Having considered the foregoing stipulation of the parties, the Court orders the 3 further case management conference in the instant matter, Houghtailing v. Frito-Lay North 4 America, Inc., et al., case number 3:11-cv-05062-TEH, continued to June 11, 2012, at 1:30 p.m. in 5 Courtroom 12. The parties shall meet and confer and file a joint case management conference 6 statement on or before June 4, 2012. IT IS SO ORDERED.

IT ORDERED U AS MODIFIED A

Thelton E. Henderson

20120409

© 1992-2012 VersusLaw Inc.



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