Opinion
Case No. C11-04603 DMR
10-19-2011
JOHN DOE, Plaintiff, v. AT&T UMBRELLA BENEFIT PLAN NO.1 Defendant.
AT&T Services Legal Department Theresa M. Cabreros Attorney for Defendant Lewis, Feinberg, Lee, Renaker & Jackson Lindsay Nako Attorneys for Plaintiff
THERESA M. CABREROS (State Bar No. 212740)
AT&T SERVICES, INC. LEGAL DEPARTMENT
Attorney for Defendant
AT&T UMBRELLA BENEFIT PLAN NO. 1
STIPULATION AND PROPOSED
ORDER TO STAY DISCOVERY AND
MODIFY DATES
Judge: Magistrate Judge Ryu
This Stipulation is entered into by and among Plaintiff John Doe ("Plaintiff"), Defendant AT&T UMBRELLA BENEFIT PLAN NO. 1 ("Defendant"), by and through their respective counsel.
WHEREAS Plaintiff filed his First Amended Complaint on October 19, 2011.
WHEREAS Defendant filed its Answer to the First Amended Complaint on December 16, 2011.
WHEREAS the parties are currently in the process of informal good faith settlement negotiations.
WHEREAS the parties are interested in limiting the accrual of fees and costs during settlement negotiations to the extent possible, as the incurrence of additional fees and costs may impede the resolution of this matter.
WHEREAS, should the parties fail to resolve this matter informally, they are scheduled to attend a settlement conference with Magistrate Judge Jacqueline Scott Corley on June 5, 2012 at 10:30 a.m.
WHEREAS the parties have agreed to stay all discovery until the conclusion of the June 5, 2012 settlement conference.
WHEREAS the parties propose to modify the current case schedule as follows to accommodate a brief stay of discovery:
+-----------------------------------------------------------------------------+ ¦Currently Scheduled Dates ¦Proposed Modified Scheduled Dates ¦ +--------------------------------------+--------------------------------------¦ ¦Fact Discovery Cutoff: 6/8/2012 ¦Fact Discovery Cutoff: 6/22/2012 ¦ +--------------------------------------+--------------------------------------¦ ¦Motions for Summary Judgment: 6/21/ ¦Motions for Summary Judgment: 7/5/2012¦ ¦2012 ¦ ¦ +--------------------------------------+--------------------------------------¦ ¦Hearing on Summary Judgment: 7/26/2012¦Hearing on Summary Judgment: 8/9/2012 ¦ +--------------------------------------+--------------------------------------¦ ¦Pretrial Meet and Confer: 7/23/2010 ¦Pretrial Meet and Confer: 8/16/2012 ¦ +--------------------------------------+--------------------------------------¦ ¦Joint Pre-Trial Stmt/Trial Briefs: 8/2¦Joint Pre-Trial Stmt/Trial Briefs: 8/ ¦ ¦/2102 ¦30/2012 ¦ +--------------------------------------+--------------------------------------¦ ¦Pre-Trial Objections: 8/13/2012 ¦Pre-Trial Objections: 9/10/2012 ¦ +--------------------------------------+--------------------------------------¦ ¦Pre-Trial Conference: 8/22/2012 ¦Pre-Trial Conference: 9/19/2012 ¦ +--------------------------------------+--------------------------------------¦ ¦Trial: 10/1/2012 ¦Trial: 10/1/2012 (no change) ¦ +-----------------------------------------------------------------------------+
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and Defendant, as follows:
1. All discovery is stayed until the conclusion of the June 5, 2012 settlement conference.
2. Should the parties fail to resolve the dispute upon the conclusion of the settlement conference, they shall be prepared to proceed with litigation as set forth above in the proposed modified scheduled dates.
Respectfully Submitted,
AT&T Services Legal Department
_________________
Theresa M. Cabreros
Attorney for Defendant
Lewis, Feinberg, Lee, Renaker & Jackson
____________
Lindsay Nako
Attorneys for Plaintiff
PURSUANT TO THE STIPULATION OF THE PARTIES, IT IS SO ORDERED.
____________________
Honorable Donna M. Ryu
United States Magistrate Judge
FILER'S ATTESTATION
Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that all parties have concurred in the filing of the Stipulation to Stay Discovery and Modify Dates.
AT&T Services Legal Department
_________________
Theresa M. Cabreros