Opinion
Case No. CV 10-04764 CRB
11-18-2011
REBECCA COOPER, an individual, Plaintiff, v. UNITED PARCEL SERVICE OF AMERICA, INC., and DOES 1-50, Defendants.
WAUKEEN Q. McCOY, ESQ. (SBN: 168228) LAW OFFICES OF WAUKEEN Q. McCOY SHYAMALA T. RAJENDER, ESQ. (SBN: 69806) RAJENDER LAW OFFICES Attorneys for Plaintiff REBECCA COOPER VILLARREAL HUTNER & TODD PC LARA VILLARREAL HUTNER, ESQ., Cal. Bar No. 178639 JESSICA N. LEAL, ESQ., Cal Bar No. 267232 Attorneys for Defendant UNITED PARCEL SERVICE, INC., an Ohio Corporation (erroneously named as "UNITED PARCEL SERVICE OF AMERICA, INC.")
WAUKEEN Q. McCOY, ESQ. (SBN: 168228)
LAW OFFICES OF WAUKEEN Q. McCOY
SHYAMALA T. RAJENDER, ESQ. (SBN: 69806)
RAJENDER LAW OFFICES
Attorneys for Plaintiff
REBECCA COOPER
VILLARREAL HUTNER & TODD PC
LARA VILLARREAL HUTNER, ESQ., Cal. Bar No. 178639
JESSICA N. LEAL, ESQ., Cal Bar No. 267232
Attorneys for Defendant
UNITED PARCEL SERVICE, INC.,
an Ohio Corporation
(erroneously named as "UNITED PARCEL
SERVICE OF AMERICA, INC.")
JOINT STIPULATION AND [PROPOSED] ORDER TO RESCHEDULE CASE MANAGEMENT CONFERENCE
Date: December 2, 2011
Time: 8:30 a.m.
Judge: Hon. Charles R. Breyer
Plaintiff Rebecca Cooper (hereinafter "Plaintiff"), through her counsel Law Offices of Waukeen Q. McCoy and Rajender Law Offices, and Defendant United Parcel Service, Inc. (erroneously named as United Parcel Service of America, Inc., hereinafter "UPS"), through its counsel Villarreal Hutner & Todd PC, (collectively "the Parties") do hereby agree and stipulate to reschedule the December 2, 2011 case management conference for good cause for the reasons set forth below, and as supported by the Declarations of Waukeen Q. McCoy and Lara Villarreal Hutner.
1. On August 26, 2011, Plaintiff's counsel, Waukeen Q. McCoy, noticed the deposition of Plaintiff's former manager Victor Neals for November 2, 2011. This date was selected based on the Parties' availability in advance of the settlement conference initially scheduled with Magistrate Judge Maria Elena James for November 15, 2011.
2. On October 31, 2011, Mr. McCoy notified UPS that he had to cancel Mr. Neals's November 2nd deposition due to a conflict.
3. As the Parties were unavailable to reschedule Mr. Neals's deposition prior to the November 15th settlement conference with Magistrate Judge James, the Parties stipulated to reschedule the settlement conference. Counsel for the Parties each believed that a settlement conference would be most meaningful after the completion of Mr. Neals's deposition.
4. Given the holiday period from Thanksgiving to New Years is UPS's busiest season, the Parties have agreed to reschedule Mr. Neals's deposition to January 10, 2012, which is a time less disruptive to the company's peak season and when all parties and Mr. Neals are available.
5. The next date following Mr. Neals's deposition that the Parties and Magistrate Judge James were available for a settlement conference is February 1, 2012. The Parties submitted a joint request that the Court reschedule the settlement conference to February 1, 2012. The Court granted this request on November 4, 2011.
6. A case management conference is currently on calendar for December 2, 2011. This conference initially was set to occur after the originally scheduled settlement conference if the Parties were unable to resolve the case on November 15, 2011. Now that the settlement conference has been rescheduled for February 1, 2012, the Parties respectfully submit this joint request that the Court reschedule the case management conference to a date after February 1, 2012.
7. Counsel for the Parties each believe that a case management conference will be most meaningful after the completion of the February 1, 2012 settlement conference with Magistrate Judge James. As a result, the request to reschedule the December 2, 2011 case management conference is being made jointly, for good cause, and by stipulation.
SO STIPULATED:
LAW OFFICES OF WAUKEEN Q. McCOY, and RAJENDER LAW OFFICES
WAUKEEN Q. McCOY
SHYAMALA T. RAJENDER
Attorneys for Plaintiff
REBECCA COOPER
VILLARREAL HUTNER & TODD PC
LARA VILLARREAL HUTNER
JESSICA N. LEAL
Attorneys for Defendant
UNITED PARCEL SERVICE, INC.,
an Ohio Corporation (erroneously named as "UNITED
PARCEL SERVICE OF AMERICA, INC.")
IT IS SO ORDERED that:
1. The December 2, 2011 case management conference is taken off calendar.
2. The Parties' next case management conference will be rescheduled after the February 1, 2012 settlement conference with Magistrate Judge James, on February 10 , 2012 at 8:30 a.m.
Judge: Charles R. Breyer