Filed: Oct. 10, 2014
Latest Update: Oct. 10, 2014
Summary: PLAINTIFF'S REQUEST AND [PROPOSED] ORDER TO RESET CASE MANAGEMENT CONFERENCE AND RELATED CASE DEADLINES PHYLLIS J. HAMILTON, District Judge. NOW COMES the plaintiff, by and through her counsel, to request as follows: WHEREAS, plaintiff filed her original complaint on August 1, 2014 which was not served on defendant, but instead plaintiff filed a First Amended Complaint on September 22, 2014; WHEREAS, plaintiff served defendant with the First Amended Complaint, Summons and other required pape
Summary: PLAINTIFF'S REQUEST AND [PROPOSED] ORDER TO RESET CASE MANAGEMENT CONFERENCE AND RELATED CASE DEADLINES PHYLLIS J. HAMILTON, District Judge. NOW COMES the plaintiff, by and through her counsel, to request as follows: WHEREAS, plaintiff filed her original complaint on August 1, 2014 which was not served on defendant, but instead plaintiff filed a First Amended Complaint on September 22, 2014; WHEREAS, plaintiff served defendant with the First Amended Complaint, Summons and other required paper..
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PLAINTIFF'S REQUEST AND [PROPOSED] ORDER TO RESET CASE MANAGEMENT CONFERENCE AND RELATED CASE DEADLINES
PHYLLIS J. HAMILTON, District Judge.
NOW COMES the plaintiff, by and through her counsel, to request as follows:
WHEREAS, plaintiff filed her original complaint on August 1, 2014 which was not served on defendant, but instead plaintiff filed a First Amended Complaint on September 22, 2014;
WHEREAS, plaintiff served defendant with the First Amended Complaint, Summons and other required papers by personally delivering them to Jennifer LaValley who was the person apparently in charge at defendant's office on September 25, 2014, and copies of those same papers were mailed to defendant on September 26, 2014;
WHEREAS, the case schedule currently includes the following deadlines:
October 9, 2014: Last day to
• Meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan
• File ADR certification signed by Parties and Counsel
• File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference
October 23, 2014: Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contends of Joint Case Management Statement
Last day to file a joint case management statement
October 30, 2014: Case Management Conference scheduled for 2:00 p.m.;
WHEREAS, defendant has not yet appeared in this action and defendant's answer is not due until shortly before the date currently set for the Case Management Conference;
WHEREAS, plaintiffs counsel attempted to contact defendant to meet and confer regarding continuing the case management conference and related dates but has not yet heard back from defendant;
WHEREAS, pursuant to the Court's order, lead counsel must appear at the Case Management Conference on October 30, 2014 and plaintiffs lead counsel, Jody LeWitter, is scheduled to conduct a deposition in New York on that date in case Smith v. Jefferies Group LLC, et al., Northern District of California, Case No. 3:13-cv-03182-TEH.
THEREFORE, plaintiff requests that the Court continue the Case Management Conferenc and all related dates for at least 45 days and plaintiff offers the following proposed schedule as a suggestion to the Court:
November 26, 2014: Last day to
• Meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan
• File ADR certification signed by Parties and Counsel
• File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference
December 11, 2014: Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement per attached Standing Order re Contends of Joint Case Management Statement
Last day to file a joint case management statement
December 18, 2014: Case Management Conference scheduled for 2:00 p.m.
[PROPOSED] ORDER
This matter having come before the Court upon the written request of plaintiff, which is attached hereto, it is hereby ordered that the Initial Case Management Conference and related deadlines will be modified as follows:
November 26, 2014: Last day to
• Meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan
• File ADR certification signed by Parties and Counsel
• File either Stipulation to ADR Process or Notice of Need for ADR Phone Conference
December 11, 2014: Last day to
• File Rule 26(Q Report, complete initial disclosures or state objection in Rule 26(Q Report and file Case Management Statement per attached Standing Order re Contends of Joint Case Management Statement
• Last day to file a joint case management statement
IT IS SO ORDERED.
