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Garcia v. Jani-King of California, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 21, 2011
No. C-10-05477 RS (N.D. Cal. Nov. 21, 2011)

Opinion

No. C-10-05477 RS

11-21-2011

CESAR GARCIA, an individual, Plaintiff, v. JANI-KING OF CALIFORNIA, INC., a Texas corporation; JANI-KING, INC., a Texas corporation; JANI-KING INTERNATIONAL, INC., a Texas corporation, Defendants.

Benjamin K. Riley (CA Bar No. 112007) BARTKO, ZANKEL, TARRANT & MILLER Kerry L. Bundy (MN Bar No. 266917) (Pro Hac Vice) Aaron Van Oort (MN Bar No. 315539) (Pro Hac Vice) Eileen M. Hunter (MN Bar No. 336336) (Pro Hac Vice) FAEGRE & BENSON, LLP Attorneys for Defendants JANI-KING OF CALIFORNIA, INC., JANI-KING, INC., and JANI-KING INTERNATIONAL, INC.


Benjamin K. Riley (CA Bar No. 112007)

BARTKO, ZANKEL, TARRANT & MILLER

Kerry L. Bundy (MN Bar No. 266917) (Pro Hac Vice)

Aaron Van Oort (MN Bar No. 315539) (Pro Hac Vice)

Eileen M. Hunter (MN Bar No. 336336) (Pro Hac Vice)

FAEGRE & BENSON, LLP

Attorneys for Defendants

JANI-KING OF CALIFORNIA, INC., JANI-KING, INC.,

and JANI-KING INTERNATIONAL, INC.

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES FOR FACT AND EXPERT DISCOVERY CUTOFFS AND FOR PARTICIPATION IN ADR

Pursuant to Civil Local Rule 6-2, Plaintiff Cesar Garcia ("Plaintiff) and Defendants Jani-King of California, Inc., Jani-King, Inc., and Jani-King International, Inc. (collectively "Defendants") hereby state as follows:

1. On April 21, 2011, in its Case Management Scheduling Order (Dkt. 34), the Court ordered the parties to:

a. Participate in private ADR through JAMS or a similar provider to be held by December 1, 2011, if possible;

b. Complete all non-expert discovery on or before December 12, 2011; and

c. For Plaintiff to disclose his expert testimony and reports on or before January 9, 2012, for Defendants to disclose their expert testimony and reports on or before February 6, 2012, and for all expert discovery to be completed on or before March 9, 2012.

2. The parties have met and conferred and agree that they need to complete their factual discovery, including depositions, and then hold the mediation. The parties have selected Mark Rudy as the mediator in this matter, and after determining Mr. Rudy's availability, have agreed to hold the mediation on January 27, 2012.

3. Accordingly, to accommodate the mediation on January 27, 2012, the parties propose to the Court and hereby stipulate to the following adjustments to the case schedule:

a. The parties will participate in mediation in this case on or before January 30, 2012;

b. All non-expert discovery shall be completed on or before December 22, 2011;and

c. Plaintiff shall disclose his expert testimony and reports on or before January 30, 2012, Defendants shall disclose their expert testimony and reports on or before February 24, 2012, and all expert discovery shall be completed on or before March 9, 2012.

4. Under this revised schedule, the parties will be able to finish the non-expert discovery in December, accommodate the Mediation session with Mr. Rudy on January 27, 2012, and then, if necessary, engage in and complete the expert discovery process by March 9, 2012, as previously order by the Court.

5. Importantly, this revised schedule does not delay or affect the Court's previously set dates and schedule for the March 8, 2012 Further Case Management Conference, the April 12, 2012 hearing on pretrial motions, or the other pretrial and trial dates.

6. Accordingly, for good cause shown, the parties respectfully request that the Court approve the modifications to the case schedule described above.

Respectfully submitted,

BARTKO ZANKEL TARRANT & MILLER

FAEGRE & BENSON, LLP

Benjamin K. Riley

Attorneys for Defendants

JANI-KPNG OF CALIFORNIA, PNC, JANI

KPNG, PNC, and JANI-KPNG

INTERNATIONAL, PNC

LAW OFFICES OF DANIEL L. FEDER

Daniel L. Feder

Attorneys for Plaintiff

CESAR GARCIA

[PROPOSED] ORDER

Pursuant to above Stipulation, the Court hereby modifies its April 21, 2011 Case Management Scheduling Order as follows:

1. The parties will participate in mediation in this case on or before January 30, 2012;

2. All non-expert discovery shall be completed on or before December 22, 2011; and

3. Plaintiff shall disclose his expert testimony and reports on or before January 30, 2012, Defendants shall disclose their expert testimony and reports on or before February 24, 2012, and all expert discovery shall be completed on or before March 9, 2012.

IT IS SO ORDERED.

The Honorable Richard Seebrg

United States District Court Judge


Summaries of

Garcia v. Jani-King of California, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 21, 2011
No. C-10-05477 RS (N.D. Cal. Nov. 21, 2011)
Case details for

Garcia v. Jani-King of California, Inc.

Case Details

Full title:CESAR GARCIA, an individual, Plaintiff, v. JANI-KING OF CALIFORNIA, INC.…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Nov 21, 2011

Citations

No. C-10-05477 RS (N.D. Cal. Nov. 21, 2011)