Opinion
Case No. C-12-05978-CRB Case No. C-13-01429-CRB
05-08-2013
ROBERT MILLER, on behalf of himself and all others similarly situated, Plaintiff, v. SOUTHWEST AIRLINES CO., a Texas corporation; and DOES 1 through 10, Defendants. JAMIE LUMOS on behalf of herself and all others similarly situated, Plaintiff, v. SOUTHWEST AIRLINES CO., a Texas corporation; and DOES 1 through 20, inclusive, Defendants.
Colin H. Murray, State Bar No. 159142 Christina M. Wong, State Bar No. 288171 BAKER & McKENZIE LLP Teresa H. Michaud (pro hac vice) BAKER & McKENZIE LLP Attorneys for Defendant SOUTHWEST AIRLINES CO. Todd D. Carpenter, State Bar No. 234464 CARPENTER LAW GROUP Attorneys for Plaintiff JAMIE LUMOS on behalf of herself and others similarly situated Eric A. Grover, State Bar No. 136080 KELLER GROVER LLP Attorneys for Plaintiff ROBERT MILLER on behalf of himself and all others similarly situated
Colin H. Murray, State Bar No. 159142
Christina M. Wong, State Bar No. 288171
BAKER & McKENZIE LLP
Teresa H. Michaud (pro hac vice)
BAKER & McKENZIE LLP
Attorneys for Defendant
SOUTHWEST AIRLINES CO.
Todd D. Carpenter, State Bar No. 234464
CARPENTER LAW GROUP
Attorneys for Plaintiff
JAMIE LUMOS on behalf of herself and
others similarly situated
Eric A. Grover, State Bar No. 136080
KELLER GROVER LLP
Attorneys for Plaintiff
ROBERT MILLER on behalf of himself
and all others similarly situated
CLASS ACTIONS -
Consolidated for Discovery Purposes Only
STIPULATION AND ORDER TO
CONTINUE THE CASE MANAGEMENT
CONFERENCE OF MAY 10, 2013
Date: May 10, 2013
Before: The Hon. Charles R. Breyer
STIPULATION
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs Robert Miller and Jamie Lumos ("Plaintiffs") and Defendant Southwest Airlines Co. ("Defendant") (collectively the "Parties") in the above-captioned cases, by and through their respective counsel of record, hereby jointly stipulate as follows:
WHEREAS, during the Case Management Conference held on April 29, 2013, the Court set the next Case Management Conference for May 10, 2013;
WHEREAS, during the April 29, 2013 Case Management Conference, the Court suggested that counsel explore an early resolution of the above-captioned cases;
WHEREAS, following the April 29, 2013 Case Management Conference, the Parties met and conferred and agreed to pursue an early resolution of this dispute in the two captioned cases through private mediation;
WHEREAS, the Parties are jointly recommending the Court continue the May 10, 2013 Case Management Conference for at least 90 days so that the Parties may concentrate their efforts exclusively on settlement;
WHEREAS, the Parties are jointly requesting the Court stay all proceedings and discovery between the Parties until the next Case Management Conference, pending the outcome of the mediation;
WHEREAS, the Parties have agreed to report back to the Court promptly upon conclusion of the mediation to notify the Court of the status of their settlement negotiations.
IT IS HEREBY STIPULATED AND AGREED between the Parties as follows:
1. The Parties have agreed to mediation of the above-captioned cases within the next 90 days, the Case Management Conference, presently set for May 10, 2013, shall be rescheduled by the Court to a date at least 90 days from that date;
2. All proceedings and discovery between the Parties shall be stayed until the new Case Management Conference date;
3. Upon the selection and scheduling of the mediation, the Parties shall provide that information to the Court; and
4. Upon completion of the mediation, the Parties shall report back to the Court with the status of their settlement negotiations.
IT IS SO STIPULATED.
Respectfully submitted,
BAKER & McKENZIE LLP
Colin H. Murray
Christina M. Wong
Teresa H. Michaud
By: ____________
Colin H. Murray
Attorneys for Defendant
SOUTHWEST AIRLINES CO.
CARPENTER LAW GROUP
Todd D. Carpenter
By: ____________
Todd D. Carpenter
Attorneys for Plaintiff
JAMIE LUMOS
on behalf of herself and others similarly situated.
KELLER GROVER LLP
Eric A. Grover
By: ____________
Eric A. Grover
Attorneys for Plaintiff
ROBERT MILLER
on behalf of himself and others similarly
situated.
ATTESTATION
I, Colin H. Murray, attest that I am one of the attorneys for Defendant Southwest Airlines Co., and as the ECF user and filer of this document, I attest that concurrence in the filing of this document has been obtained from its signatories.
I further attest that I have on file all holographic signatures corresponding to any signatures indicated by a conformed signature (/s/) within this e-filed document.
____________
Colin H. Murray
ORDER
PURSUANT TO THE STIPULATION, the following is ORDERED:
1. The Case Management Conference, presently set for May 10, 2013, shall be rescheduled by the Court to August 16, 2013 at 8:30 a.m.;
2. The Parties shall inform the Court of the mediator selected and the mediation date by May 20, 2013;
2. All proceedings and discovery between the Parties shall be stayed until the day after the next Case Management Conference; and
3. Within five court days of the completion of the mediation, the Parties shall report back to the Court with the status of their settlement negotiations.
PURSUANT TO THE STIPULATION, IT IS SO ORDERED
________________________
The Honorable Charles R. Breyer
United States District Court Judge