Opinion
Case No. C08-03727 RMW PVT.
February 12, 2009
Robert F. Schwartz, SBN 227327, Virginia H. Perkins, SBN 215832, TRUCKER HUSS, A Professional Corporation, San Francisco, California, Attorneys for Defendant Sun Microsystems, Inc., Comprehensive Welfare Plan.
Richard Johnston, Attorney for Plaintiff, Kathleen Marvin.
STIPULATED REQUEST FOR ORDER CHANGING TIME AND ORDER
Defendant SUN MICROSYSTEMS, INC. COMPREHENSIVE WELFARE PLAN ("Defendant") and Plaintiff KATHLEEN MARVIN ("Plaintiff") hereby stipulate, by and through their respective counsel, to request an order continuing the date of the currently scheduled Case Management Conference from February 27, 2009 at 10:30 a.m. to March 13, 2009 at 10:30 a.m. and request that the Court issue an order that the parties are to appear on March 13, 2009 at 10:30 a.m., before the Honorable Judge Ronald M. Whyte, in courtroom #6, 4th floor of the U.S. Courthouse, 280 South First Street, San Jose, California.
This stipulation is based on the following, as set forth in the supporting Declaration of Robert F. Schwartz:
This request is made on the ground that Counsel for Defendant has a conflicting court appearance scheduled for February 27, 2009 in another matter in the United States District Court, for the District of Arizona, and rescheduling that matter would require a postponement of more than two months. Counsel for Plaintiff in this matter has stipulated to the request.
On November 17, 2008, the Court issued an order vacating the hearing on Defendant's pending Motion to Dismiss, which was set for November 21, 2008. On January 6, 2009, the Court continued the Case Management Conference in the above-entitled matter from January 9, 2009 to February 27, 2009. The Motion to Dismiss is still pending. There have been no other time modifications in this case.
The requested date modification will have no further effect on the schedule for the case.
PURSUANT TO STIPULATION, IT IS SO ORDERED.