Opinion
Case No. C 11 03191 MEJ
11-29-2011
JOHNNY HENDERSON, Plaintiff, v. SEARS HOLDINGS CORPORATION an Illinois corporation; and DOES 1 through 20 inclusive, Defendant.
RODERICK P. BUSHNELL BUSHNELL, CAPLAN & FIELDING, LLP Attorneys for Plaintiff JOHNNY HENDERSON OSWALD B. COUSINS LITTLER MENDELSON A Professional Corporation Attorneys for Defendant SEARS HOLDING CORPORATION
OSWALD B. COUSINS, Bar No. 172239
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendant
SEARS HOLDINGS CORPORATION
RODERICK P. BUSHNELL, Bar No. 46583
BUSHNELL, CAPLAN & FIELDING, LLP
LESLIE C. LEONE, Bar No. 201258
THE LAW OFFICE OF LESLIE LEONE
Attorneys for Plaintiff
JOHNNY HENDERSON
STIPULATION TO EXTEND EARLY
NEUTRAL EVALUATION DEADLINE
AND [PROPOSED] ORDER
Pursuant to Northern District A.D.R. Local Rule 5-5, Plaintiff Johnny Henderson ("Plaintiff") and Defendant Sears Holdings Corporation ("Defendant") (collectively the "Parties") hereby stipulate to request an extended deadline to complete Early Neutral Evaluation ("ENE") in this case. This stipulation is based on the following:
a. The Court ordered the Parties to complete the ENE by December 28, 2011 (the "ENE Deadline").
b. In their November 18, 2011 initial conference call with the Steven J. Saltiel, the appointed Evaluator, the Parties and the Evaluator agreed, that it may be reasonable and necessary to extend the ENE deadline. Among other reasons, the Parties believe that the ENE will be more effective after Plaintiff's deposition, which is scheduled for December 15, 2011. There were no dates between December 15, 2011 and December 28, 2011 when all of the parties, their counsel, and the Evaluator were available to hold an ENE.
c. The Parties, their counsel and the Evaluator are available and have agreed to hold the ENE on January 19th or 20th, 2012.
d. The Parties seek to extend the ENE deadline to February 28, 2012 to allow the Parties sufficient time to conduct a meaningful evaluation on January 19th or 20th and to allow for a potential follow up session, if necessary.
RODERICK P. BUSHNELL
BUSHNELL, CAPLAN & FIELDING, LLP
Attorneys for Plaintiff
JOHNNY HENDERSON
OSWALD B. COUSINS
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendant
SEARS HOLDING CORPORATION
[PROPOSED] ORDER
The Stipulation of the Parties is hereby adopted by the Court as setting the Parties' Early Neutral Evaluation deadline as February 28, 2012.
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED.
Hon. Marin-Elcha James
United States District Magistrate Judge