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Barbara L. Mcnally v. Ethan Allen Retail

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 ...


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