Opinion
Case No. C11-4934 EMC
11-16-2011
STEVEN L. LORAIN, Plaintiff, v. SALESFORCE.COM, INC., Defendant.
Ellen C. Dove Law Offices of Ellen C. Dove Attorneys for Plaintiff STEVEN L. LORAIN Arthur M. Eidelhoch LITTLER MENDELSON, P.C. A Professional Corporation Attorneys for Specially Appearing Defendant SALESFORCE.COM , INC.
ELLEN C. DOVE, Bar No. 64034
Law Offices of Ellen C. Dove
Attorneys for Plaintiff
STEVEN L. LORAIN
ARTHUR M. EIDELHOCH, Bar No. 168096
Littler Mendelson, P.C.
Attorneys for Specially Appearing Defendant
SALESFORCE.COM, INC.
STIPULATION REGARDING TRANSFER OF CASE FROM THE HONORABLE
JUDGE CHEN AND RESPONSIVE PLEADING AND [PROPOSED] ORDER
IT IS HEREBY STIPULATED by and between the parties to this action, Steven Lorain, through his attorney Ellen C. Dove, and Salesforce.com, now appearing through its attorney Arthur M. Eidelhoch of Littler Mendelson, that the above action may and will be reassigned and transferred from the Honorable Edward M. Chen. The parties make this stipulation with regard to the following:
Both of the parties and the Court have been advised of the existence of a conflict or potential conflict of interest between the Honorable Edward M. Chen and counsel for Plaintiff and also counsel for Defendant.
The parties understand the Court will reassign this matter. The parties request reassignment to an Article III Judge, and not a Magistrate Judge. The parties do not by way of this stipulation consent to be reassigned to a Magistrate Judge.
Plaintiff has a pending motion and Plaintiff would like for the briefing schedule and hearing date (December 2, 2011) to remain intact, if possible. Currently, Defendant's opposition is due on or before November 14, 2011 and Plaintiff's reply is due on or before November 18, 2011. The parties will comply with those briefing deadlines. In the event the reassigned Judge is unable to hear Plaintiff's pending motion on December 2, 2011, Defendant will not object to the earliest new hearing date the Court can assign, provided that the parties will meet and confer to ensure that counsel are available.
Defendant's responsive pleading shall be filed on or before November 23, 2011. The parties' stipulation in this regard does not alter the date of any hearing or deadline set by the Court.
It is Plaintiff's position that time is of the essence as to a potential impending termination of his COBRA benefits on December 31, 2011.
Respectfully submitted,
Ellen C. Dove
Law Offices of Ellen C. Dove
Attorneys for Plaintiff
STEVEN L. LORAIN
I HEREBY ATTEST THAT THE CONTENT OF THIS DOCUMENT IS ACCEPTABLE TO ALL PERSONS REQUIRED TO SIGN IT.
Respectfully submitted,
Arthur M. Eidelhoch
LITTLER MENDELSON, P.C.
A Professional Corporation
Attorneys for Specially Appearing Defendant
SALESFORCE.COM, INC.
IT IS SO ORDERED
Consistent with the parties' Stipulation, notice regarding reassignment of this case and the hearing date for the above-referenced motion shall be forthcoming from the Court. This Court hereby recuses itself from any and all further proceedings in this matter. The Clerk of the Court shall reassign this case to another District Judge.
By: The Honorable Edward M. Chen
United States District Judge