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Barbara L. Mcnally v. Ethan Allen Retail

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


July 16, 2012

BARBARA L. MCNALLY,
PLAINTIFF,
v.
ETHAN ALLEN RETAIL, INC., A CORPORATION, ETHAN ALLEN GLOBAL, INC., A CORPORATION, AND DOES 1-20, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Honorable Jeffrey S. White United States District Court Judge

AMENDED STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE AND RELATED DEADLINES

Action Filed: February 3, 2012 Trial Date: None 26

A. Reisch, and Defendants Ethan Allen Retail, Inc. and Ethan Allen Global, Inc. ("Defendants"), 5 by its attorneys of record, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by Becki D. Graham, 6(collectively, "the Parties") that the following Stipulation may be entered as an Order by the Court 7 to give effect to the stipulations set forth below: 8 9 on April 4, 2012; 10 1:30 p.m. in Courtroom 11; 13 14 a draft Stipulation and [Proposed] Order Continuing Initial Case Management Conference and 15 September 7, 2012, a date to which Plaintiff had not agreed;

18 on July 5, 2012, effectively continuing the Initial Case Management Conference to September 7, 19

5. WHEREAS, Plaintiff's counsel is unavailable to appear for a Case Management Conference on September 7, 2012; 22

STIPULATION

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Barbara L. McNally ("Plaintiff") and her attorneys of record, Talamantes Villegas Carrera, LLP, by Jennifer 4 1. WHEREAS, Defendants removed this action to the Northern District of California 2. WHEREAS, the Court issued an Order Setting Initial Case Management Conference and ADR Deadlines, setting the Case Management Conference for July 20, 2012 at 12 3. WHEREAS, on July 2, 2012, Defendant's counsel's assistant inadvertently e-filed Related Deadlines, which requested the Court continue the Initial Case Management Conference to 16 4. WHEREAS, the Court thereafter signed the order attached to the draft Stipulation 2012; 20

21 6. WHEREAS, the Parties had previously agreed to requesting a continuance to September 14, 2012; 24 25 settlement and ADR process selection pursuant to FRCP 26(f) and ADR Local Rule 3-5. 26 27 7. WHEREAS, counsel for the Parties have met and conferred regarding early 8. WHEREAS, the Parties have filed their ADR Certifications pursuant to Civil Local Rule 16-8(b) and ADR Local Rule 3-5(b); 28

2 before a magistrate judge and have filed a Notice of Need for ADR Phone Conference for the 3 purpose of scheduling an early settlement conference pursuant to Civil Local Rule 16-8 and ADR 4

10. WHEREAS, the original stipulation was an inadvertently filed draft, and the Parties 6 have agreed to participate in an early settlement conference in the hopes of resolving the matter 7 without the need for further litigation, good cause exists to continue the initial case management 8 conference to September 14, 2012, or a date thereafter which is convenient for the Court; and 9 10 of this case, good cause exists to continue certain deadlines triggered by the date of the initial case 11 management conference, as follows: 12

the following case management schedule shall apply: 14 to August 31, 2012 (pursuant to FRCP 26(f) and ADR Local Rule 3-5).

9. WHEREAS, the Parties have agreed to participate in an early settlement conference Local Rule 3-5(b) and (c); 5

WHEREAS, the Parties agree that, due to the Parties' efforts to explore settlement

a. If the case management conference is rescheduled to September 14, 2012,

i. Last day to meet and confer regarding discovery plan shall be moved

ii. Last day to file Rule 26(f) Report and file Case Management

Statement per the Court's Standing Order re Contents of Joint Case Management Statement shall 18 be moved to September 7, 2012. 19

20 the date set for the early settlement conference. 21

22 is convenient for the Court, all related deadlines will be continued in accordance with the Federal 23

California. 25

iii. Last day to complete initial disclosures shall be two weeks prior to

b. If the case management conference is rescheduled to a different date which Rules of Civil Procedure and Local Rules for the U.S. District Court Northern District of 24

NOW, THEREFORE, the Parties, through their respective counsel of record, AGREE

AND HEREBY STIPULATE to an Order continuing the initial case management conference 3 from September 7, 2012, to September 14, 2012, or any date thereafter convenient for the Court. 4 5

DATED: July 12, 2012 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. By: /s/ Becki D. Graham Betsy Johnson Becki D. Graham Attorneys for Defendants ETHAN ALLEN RETAIL, INC. and ETHAN ALLEN GLOBAL, INC. DATED: July 12, 2012 TALAMANTES VILLEGAS CARRERA, LLP By: /s/ Jennifer A. Reisch Virginia R. Villegas Jennifer A. Reisch Attorneys for Plaintiff BARBARA L. MCNALLY ATTESTATION PER GENERAL ORDER NO. 45 SECTION X.B. I hereby attest that I have obtained concurrence in the filing of this document from each of 20 the signatories listed above. 21 DATED: July 12, 2012 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. By: /s/ Becki D. Graham Betsy Johnson 25 Becki D. Graham Attorneys for Defendants ETHAN ALLEN RETAIL, INC. and ETHAN ALLEN GLOBAL, INC.

ORDER

GOOD CAUSE APPEARING THEREFORE, IT IS HEREBY ORDERED that the 3 initial case management conference is continued from September 7, 2012, to September 14, 2012, 4 at 1:30 p.m. All deadlines triggered by the date of the case management conference shall be 5 continued as set forth in the Parties' stipulation, in accordance with the Federal Rules of Civil 6

Procedure and Local Rules for the U.S. District Court Northern District of California. 7

The Parties shall file a joint case management conference statement on or before September 7, 2012.

IT IS SO ORDERED.

By:

20120716

© 1992-2012 VersusLaw Inc.



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