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Henderson v. Sears Holdings Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 29, 2011
Case No. C 11 03191 MEJ (N.D. Cal. Nov. 29, 2011)

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


Summaries of

Henderson v. Sears Holdings Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
Nov 29, 2011
Case No. C 11 03191 MEJ (N.D. Cal. Nov. 29, 2011)
Case details for

Henderson v. Sears Holdings Corp.

Case Details

Full title:JOHNNY HENDERSON, Plaintiff, v. SEARS HOLDINGS CORPORATION an Illinois…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 29, 2011

Citations

Case No. C 11 03191 MEJ (N.D. Cal. Nov. 29, 2011)