The opinion of the court was delivered by: Hon. Lucy H. Koh Judge of the United States District Court
JOINT MOTION AND STIPULATION FOR RELIEF FROM CASE MANAGEMENT SCHEDULE AND [PROPOSED] ORDER Complaint Filed: May 9, 2012 Trial Date: February 24, 2013 23
Interstate LLC, SLM Education Credit Finance Corporation (erroneously sued as SLM Education 5 "Defendants"), by their attorneys of record, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by 7 Court for an order changing the initial case management conference and ADR deadlines as follows: 9
Plaintiff David R. Perez ("Plaintiff") and his attorneys of record, The Katharine & George Alexander Community Law Center, by Scott Maurer, attorney at law and Defendants Allied 4 Finance Corporation), SLM Financial Corporation, and Sallie Mae, Inc. (collectively 6 Jill V. Cartwright, attorney at law, hereby stipulate to the following and respectfully move the 8 1. WHEREAS, Plaintiff filed his Complaint on May 9, 2012 in the Santa Clara Superior Court; and 11 12 to the Northern District of California, San Jose Division, with all Defendants consenting to the 13 removal; and 14 15 Judge Howard R. Lloyd for a settlement conference. The Court also scheduled a further CMC for 17 4. WHEREAS, the parties have been attempting to settle the case through negotiations 19 but have been unable to do so. The parties believe a settlement conference will be valuable and 20 help the parties reach settlement.
2. WHEREAS, on July 18, 2012, Defendant Allied Interstate LLC removed the action 3. WHEREAS, on January 2, 2013, the parties appeared before the Court at the initial Case Management Conference (CMC). During the CMC, the Court assigned the case to Magistrate 16 April 2, 2013. 18
5. WHEREAS, the Court's January 2, 2013 Minute Order and Case Management Order mandates April 2, 2013 as the last day for ADR. 23 Court's ADR Unit to inquire why no settlement conference had been scheduled. The ADR Unit 26 informed Ms. Cartwright that the case had been coded incorrectly and that they would fix this 27 issue. To date, the parties have not received any dates for a settlement conference.
6. WHEREAS, whereas, to date, no settlement conference has been scheduled by the Court or Magistrate Judge Lloyd. On or about March 14, 2013, Ms. Cartwright telephoned the 25 7. WHEREAS, given the upcoming deadline to conduct the settlement conference- without any settlement conferences dates yet provided-and the parties' desire to attend a 2 settlement conference, the parties request relief from the current January 2, 2013 Minute Order and 3 Case Management Order by extending the deadlines in the Order for scheduling a settlement 4 conference. 5
8. WHEREAS, the parties met and conferred regarding the proposed continuance of 6 the further case management conference and deadlines within the January 2, 2013 Minute Order 7 and Case Management Order; and
9. WHEREAS, pursuant to Local Rule 16-2(d)-(e) and Local Rule 7, the parties herby 9 submit this stipulation for relief from the case management schedule. 10
NOW, THEREFORE, the Parties, through their respective counsel of record AGREE AND HEREBY STIPULATE to the following changes in the initial case management deadlines: 12 13
Deadline Original Date New Date Last day to: April 2, 2013 April 26, 2013
Complete ADR (Settlement Conference) 16 Further CMC 17