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Joseph Landon, Individually and On Behalf of All v. Ernst & Young Llp

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE


April 11, 2013

JOSEPH LANDON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
ERNST & YOUNG LLP, A LIMITED LIABILITY PARTNERSHIP; ERNST & YOUNG U.S. LLP, A LIMITED LIABILITY PARTNERSHIP; AND DOES 1-100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Ronald M. Whyte United States District Judge

REVISED STIPULATION AND [] ORDER TO ADJUST TRIAL DATE & REMAINING PRE-TRIAL DEADLINES

Plaintiff Joseph Landon ("Landon") and Defendant Ernst & Young LLP ("Ernst & Young"), 2 through their respective counsel of record, hereby stipulate as follows: 3

WHEREAS, on June 1, 2012, this Court set a schedule including a Settlement Conference 4 with Magistrate Judge Lloyd prior to May 9, 2013; Joint Pretrial Statement due on May 3, 2013; 5 Pretrial Conference on May 9, 2013; and Jury Trial on May 20, 2013; 6

WHEREAS, the parties scheduled a Settlement Conference with the Honorable Judge Lloyd 7 for May 3, 2013; 8

WHEREAS, on March 15, 2013, the Parties filed a stipulation to extend the discovery cut-off 9 date to August 17, 2013; the Joint Pretrial Statement deadline to August 19, 2013; the Pretrial 10 Conference date to September 6, 2013; and the Jury Trial date to September 17, 2013. 11

WHEREAS, on March 20, 2013, the Court denied the stipulation, with leave to re-file, and 12 asked for a declaration explaining the reasons for the requested continuance; 13

WHEREAS, pursuant to the Court's instructions, Landon's counsel provides a declaration, 14 attached hereto, explaining that the parties have engaged in substantial discovery for the past several 15 months and are continuing to meet and confer in good faith regarding the scheduling of depositions 16 and various disputes related to Landon's pending written discovery requests; 17

WHEREAS, at this time of year (tax season), the demands on Ernst & Young and its 18 professionals are especially significant, which makes it very difficult to prepare for and schedule 19 depositions; 20

WHEREAS, the parties have again met and conferred and agree that a more limited 21 continuance of the trial date would enable the parties to complete the outstanding discovery and to 22 engage in a meaningful mediation process; and 23

WHEREAS, Ernst & Young, while preserving all of its positions regarding the pending 24 discovery, agrees to a short continuance of the current pretrial and trial deadlines. 25

BASED ON THE FOREGOING, IT IS HEREBY STIPULATED AND AGREED THAT:

1. The following pretrial and trial schedule will be modified as follows:

a. The discovery cut-off date will be June 21, 2013˚

b. the Joint Pretrial Statement will be due on July 1, 2013˚

c. the Pretrial Conference will be set for July 1¶, 2013;

d. the Jury Trial will be set for July 2§, 2013. This stipulation does not extend or affect the deadlines for disclosing expert witnesses, which have already passed.

IT IS SO ORDERED:

ECF CERTIFICATION

I hereby attest that I have obtained concurrence regarding the filing of this document from 3 each of the signatories within the e-filed document. 4

By: /S/ William A. Baird WILLIAM A. BAIRD DATE: March 28, 2013

20130411

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