UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
March 29, 2013
MIKE MAPLES, JR. PLAINTIFF,
SOLARWINDS, INC., AND DOES 1-5,
The opinion of the court was delivered by: Saundra Brown Armstrong United States District Judge
STIPULATION AND [PROPOSED] ORDER TO MODIFY THE AMENDED ORDER OF REFERENCE TO EXTEND THE COMPLETION DATE FOR A MANDATORY SETTLEMENT CONFERENCE
Plaintiff Mike Maples, Jr. ("Plaintiff") and defendant SolarWinds, Inc. ("Defendant") (collectively, the "Parties"), by and through their counsel of record, 4 hereby stipulate to modify the Amended Order of Reference to extend the completion 5 date for a mandatory settlement conference by thirty days, from June 4, 2013 to July 6 4, 2013. Good cause exists for the requested extension: 7 WHEREAS, Defendant believes that the proposed extension is necessary for 8 the Parties to complete the limited, agreed-upon discovery sufficiently in advance of 9 the settlement conference, and, more particularly, the deadline for the Parties' written 10 submissions prior to the settlement conference, for the following reasons; 11 WHEREAS, Plaintiff does not believe the proposed extension is necessary, but 12 does not oppose the extension;
WHEREAS, on March 8, 2013, the Court issued the Amended Order of 14 Reference (the "Order"), referring the case to Magistrate Judge Donna Ryu for a 15 mandatory settlement conference to take place within ninety days of the Order -- i.e., 16 June 4, 2013. The Order also states that the Parties shall meet and confer regarding 17 the scope of the limited discovery to prepare for the settlement conference; 18 WHEREAS, pursuant to the Order, the Parties met and conferred and agreed to 19 conduct limited discovery in advance of a mandatory settlement conference;
WHEREAS, on March 14, 2013, Defendant served on Plaintiff requests for 21 production of documents, requests for admissions and interrogatories, setting the 22 production date for April 16, 2013. Defendant also noticed Plaintiff's deposition for 23 April 24, 2013, within a week of receipt of Plaintiff's discovery responses and 24 documents;
WHEREAS, on March 22, 2013, Plaintiff served on Defendant requests for 26 production of documents, setting the production date for April 24, 2013. Plaintiff would also like to depose an employee of Defendant prior to the settlement conference;
WHEREAS, during the ninety-day period, Magistrate Judge Ryu is available 2 for a mandatory settlement conference on only May 2, 2013 or May 7, 2013; 3 WHEREAS, Judge Ryu's Standing Order provides that the parties must submit 4 an Exchanged Settlement Conference Statement and a Confidential Settlement Letter 5 (collectively, "Settlement Statements") no later than ten days prior to the settlement 6 conference;
WHEREAS, if the mandatory settlement conference were to proceed on May 2, 2013, the Parties' Settlement Statements would be due on April 22, 2013, before 9 Plaintiff's deposition and prior to Defendant's production of documents; 10 WHEREAS, if the mandatory settlement conference were to proceed on May 11 7, 2013, the Parties' Settlement Statements would be due on April 26, 2013, 12 providing only two days after Plaintiff's deposition and Defendant's production of 13 documents for the Parties to obtain deposition transcripts, confer with their clients and 14 incorporate the additional discovery into the Parties' Settlement Statements; 15 WHEREAS, Defendant believes that the Parties will be in a better position to 16 assess the case for settlement after the agreed-upon discovery is completed and if the 17 Parties have sufficient time to incorporate such discovery into their Settlement 18 Statements;
WHEREAS, in light of the above, Defendant requests to extend the completion date for a mandatory settlement conference by thirty days, from June 4, 2013 to July 4, 2013.
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and Defendant, through their respective counsel of record, subject to approval by the Court, that the Order shall be modified to extend the completion date for a mandatory settlement conference to July 4, 2013.
IT IS SO STIPULATED.
Dated: March 27, 2013 LAW OFFICE OF TANIA ROSE 8 9 By: s/ Tania Beth Rose Attorneys for Plaintiff MIKE MAPLES, JR. 10 11 Dated: March 27, 2013 KATTEN MUCHIN ROSENMAN LLP 12 13 By: s/ Zia F. Modabber Attorneys for Defendant SOLARWINDS, INC.
The Court has considered the parties' stipulation and, finding good cause 3 therefore, approves the stipulation and modifies its March 8, 2013 Amended Order of 4 Reference to extend the completion date for a mandatory settlement conference before 5 Magistrate Judge Ryu by thirty days, from June 4, 2013 to July 4, 2013.
IT IS SO ORDERED.
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