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Moua v. International Business Machines Corporation, C 10-01070 EJD. (2019)

Court: District Court, N.D. California Number: infdco20190422b00 Visitors: 11
Filed: Apr. 19, 2019
Latest Update: Apr. 19, 2019
Summary: STIPULATION AND [ PROPOSED ] ORDER EXTENDING DEADLINE FOR PRELIMINARY PRETRIAL CONFERENCE AND PRELIMINARY PRETRIAL CONFERENCE STATEMENT EDWARD DAVILA , District Judge . All parties to this action, though their duly authorized undersigned counsel, stipulate and request as follows: WHEREAS, in 2013, Defendants filed various motions, including motions for summary judgment as to Plaintiff's PAGA claim on behalf of 16 of the 25 individuals (including herself) whom she sought to represent at
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STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR PRELIMINARY PRETRIAL CONFERENCE AND PRELIMINARY PRETRIAL CONFERENCE STATEMENT

All parties to this action, though their duly authorized undersigned counsel, stipulate and request as follows:

WHEREAS, in 2013, Defendants filed various motions, including motions for summary judgment as to Plaintiff's PAGA claim on behalf of 16 of the 25 individuals (including herself) whom she sought to represent at that point (Docket Nos. 101-103, 109, 110, 122-124, 126-128, 130, 131, 133-135) and a Motion for Partial Summary Judgment as to Plaintiff's Claims in Counts 7-15 (Docket No. 263);

WHEREAS, on August 30, 2013, the Court determined that the preliminary pretrial conference scheduled for September 6, 2013 was premature and entered an order vacating the conference and noting that it would be rescheduled in the order resolving Defendants' then pending motions;

WHEREAS, the Court has now ruled on all of Defendants' motions, narrowing the issues that remain in the case;

WHEREAS, in its Order addressing Defendants' Motion for Partial Summary Judgment as to Plaintiff's Claims in Counts 7-15 (Docket No. 263), the Court set a preliminary pretrial conference for May 2, 2019 at 10:00 a.m. and directed the parties to file a joint preliminary pretrial conference statement no later than April 22, 2019;

WHEREAS, after the Court issued this Order, counsel for the parties conferred and discussed their mutual desire to explore resolving the remaining claims through mediation;

WHEREAS, counsel for the parties agree that delaying the preliminary pretrial conference by approximately 90 days and extending the deadline to file the joint preliminary pretrial conference statement will provide the parties an opportunity to explore the possibility of resolving the remaining claims through mediation;

WHEREAS, the parties have not received a time modification in this case since June 6, 2013 (Docket No. 185);

WHEREAS, the parties agree to this extension in good faith and not to unduly delay the progress of this case;

WHEREAS, there is no current case schedule that will be affected by this extension.

IT IS HEREBY STIPULATED by and between the parties, through their respective counsel:

1. The preliminary pretrial conference, currently scheduled for May 2, 2019 at 10:00 a.m. is adjourned until August 1, 2019 at 10:00 a.m.

2. The deadline for filing the joint preliminary pretrial conference statement shall be July 22, 2019.

IT IS SO STIPULATED.

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document.

Dated: April 18, 2019 Dated: April 18, 2019 By: /s/Matthew W. Lampe By:/s/Alan B. Bayer Matthew W. Lampe Alan B. Bayer JONES DAY BAYER LAW & MEDIATION 250 Vesey Street 912 Cole Street, #238 New York, New York 10281 San Francisco, CA 94117 Telephone: 212-326-3939 Telephone: 415-558-9960 Facsimile: 212-755-7306 Facsimile: 415-558-9970 Attorneys for Defendants Attorneys for Plaintiff

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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