Filed: Jan. 10, 2013
Latest Update: Jan. 10, 2013
Summary: STIPULATED REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND DEFENDANTS' MOTION TO STRIKE REQUEST FOR JURY TRIAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 81(C); REQUEST BY PLAINTIFF FOR TELEPHONIC APPEARANCE AT INITIAL CASE MANAGEMENT CONFERENCE; ORDER CHARLES R. BREYER, District Judge. Defendants The Pape Group, Inc., Pape Material Handling, Inc., and Mike Texter (collectively "Defendants") and Plaintiff Carlito Misa ("Plaintiff") (collectively "Parties"), hereby stipulate and req
Summary: STIPULATED REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND DEFENDANTS' MOTION TO STRIKE REQUEST FOR JURY TRIAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 81(C); REQUEST BY PLAINTIFF FOR TELEPHONIC APPEARANCE AT INITIAL CASE MANAGEMENT CONFERENCE; ORDER CHARLES R. BREYER, District Judge. Defendants The Pape Group, Inc., Pape Material Handling, Inc., and Mike Texter (collectively "Defendants") and Plaintiff Carlito Misa ("Plaintiff") (collectively "Parties"), hereby stipulate and requ..
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STIPULATED REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND DEFENDANTS' MOTION TO STRIKE REQUEST FOR JURY TRIAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 81(C); REQUEST BY PLAINTIFF FOR TELEPHONIC APPEARANCE AT INITIAL CASE MANAGEMENT CONFERENCE; ORDER
CHARLES R. BREYER, District Judge.
Defendants The Pape Group, Inc., Pape Material Handling, Inc., and Mike Texter (collectively "Defendants") and Plaintiff Carlito Misa ("Plaintiff") (collectively "Parties"), hereby stipulate and request as follows:
On January 4, 2013, the parties requested the initial Case Management Conference be continued from Friday, January 11, 2013 at 8:30 a.m. until Friday, January 25, 2013 at 8:30 a.m.
On January 7, 2013, the Court issued an Order continuing the Case Management Conference to Friday, January 25, 2013 at 8:30 a.m. but issued a notice continuing the hearing to Friday, January 18, 2013 at 10:00 a.m.
On January 8, 2013, the Court issued an Amended Order continuing the hearing to Friday, January 18, 2013 at 10:00 a.m., consistent with the notice issued on January 7, 2013. Under the Northern District of California, Local Rule 16-10, lead trial counsel must attend the initial case management conference. However Defendants' lead trial counsel, Gregory G. Iskander and Stephen Tedesco, will be unable to attend the Case Management Conference scheduled on Friday, January 18, 2013.
Also pending on January 18, 2013 at 10:00 a.m. is Defendants' Motion to Strike Request for Jury Trial Pursuant to Federal Rule of Civil Procedure 81(c) ("Motion to Strike"). Defendants' Motion to Strike is unopposed. Should oral argument be necessary, Defendants' counsel, Alison Cubre, will argue the motion.
Given the unavailability of Defendants' lead trial counsel on Friday, January 18, 2013, the parties have agreed to continue, subject to the Court's approval, the initial Case Management Conference to Friday, January 25, 2013 at 10:00 a.m. in order for lead trial counsel to appear pursuant to the Local Rules. For the convenience of this Court and the parties, the parties have also agreed to continue, subject to the Court's approval, Defendants' Motion to Strike to Friday, January 25, 2013 at 10:00 a.m.
Plaintiff's lead trial counsel, Peter Dion-Kindem, requests to appear telephonically at the initial Case Management Conference and Motion to Strike hearing because he presently resides in the greater Los Angeles area and the cost and expense to appear in person at the Case Management Conference and Motion to Strike hearing would be significant. Defendants do not oppose Plaintiff's counsel's request to appear telephonically.
IT IS SO STIPULATED.
I, the filer of this document attest that all other signatories listed, and on whose behalf the filing is submitted, concur in the filing's content and have authorized the filing.
Dated: January 8, 2013 Respectfully submitted,
/s/Gregory G. Iskander
_______________________________
STEPHEN C. TEDESCO
GREGORY G. ISKANDER
ALISON CUBRE
ALEXIS A. SOHRAKOFF
LITTLER MENDELSON, P.C.
Attorneys for Defendants
THE PAPÉ GROUP, INC., PAPÉ
MATERIAL HANDLING, INC. AND MIKE
TEXTER
Dated: January 8, 2013. Respectfully submitted,
/s/Peter R. Dion-Kindem
_________________________________
PETER R. DION-KINDEM
THE DION-KINDEM LAW FIRM
PETER R. DION-KINDEM, P. C.
ATTORNEYS FOR PLAINTIFF
CARLITO MISA
ORDER
For good cause, the parties' request to continue the initial Case Management Conference and hearing on Defendants' Motion to Strike Request for Jury Trial Pursuant to Federal Rule of Civil Procedure 81(c) from Friday, January 18, 2013, to Friday, January 25, 2013 at 10:00 a.m. is GRANTED.
Further, the request by Plaintiff's lead trial counsel, Peter Dion-Kindem, to appear telephonically at the Case Management Conference and Motion to Strike hearing is GRANTED.
IT IS SO ORDERED.
