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Shropshire v. Canning

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 14, 2011
CASE NO. 5:10-cv-01941 LHK (N.D. Cal. Nov. 14, 2011)

Opinion

CASE NO. 5:10-cv-01941 LHK

11-14-2011

ELMO SHROPSHIRE, d/b/a ELMO PUBLISHINGl, Plaintiff, v. AUBREY CANNING, Jr., Defendant.

DLA PIPER LLP (US) DIANA M. HALL Attorneys for Plaintiff ELMO SHROPSHIRE THE LANIER LAW FIRM, PC. NICHOLAS S. MANCUSO Attorneys for Defendant AUBREY CANNING, JR. PURSUANT TO STIPULATION, IT IS SO ORDERED.


DAVID F. GROSS (Bar No. 083547)

JEFFREY E. MITCHELL (Bar No. 229785)

STEPHEN CHIARI (Bar No. 221410)

DLA PIPER LLP (US)

DIANA M. HALL (Bar No. 260410)

DLA PIPER LLP (US)

Attorneys for Plaintiff

Elmo Shropshire, d/b/a Elmo Publishing

STIPULATION AND [PROPOSED]

ORDER EXTENDING MEDIATION

DEADLINE & DISCOVERY DEADLINE

As Amended

Plaintiff Elmo Shropshire ("Plaintiff"), and Defendant Aubrey Canning, Jr. ("Defendant") (collectively, the "Parties"), through their respective attorneys of record, hereby STIPULATE AND AGREE as follows:

WHEREAS on August 25, 2011 the Court entered the Case Management and Minute Order (Dkt. No. 87, the "CMC Order"), ordering the parties to schedule private mediation no later than November 23, 2011, and setting the deadline for fact discovery on December 30, 2011, the deadline for filing of dispositive motions on January 19, 2012, the deadline for hearing on dispositive motions by March 1, 2012 (Thursday at 1:30 P.M.), the Pretrial Conference on April 11, 2012, and the bench trial to begin on May 7, 2012;

WHEREAS, the Parties have met and conferred and attempted in good faith to comply with CMC Order's mediation deadline and other deadlines;

WHEREAS, due to Parties' respective work obligations and Defendant's employment in construction carpentry located near the remote town of Kapuskasing, Ontario, Canada, Plaintiff and Defendant have been unable to schedule a mutually agreeable date for mediation prior to November 23, 2011;

WHEREAS, Mr. Richard Collier has been assigned to mediate this dispute (Dkt. No. 96), and Mr. Collier and the Parties have an initial telephone conference scheduled for November 10, 2011;

WHEREAS, the parties and Mr. Collier are each available for mediation on both January 19 and 20, 2012;

WHEREAS, if the mediation is unsuccessful, the Parties have agreed to depose Defendant after the mediation while he is still in the United States, should the Court agree to extend the discovery deadline to January 27, 2012, and the deadline to file dispositive motions to February 13, 2012, thus permitting the Parties to fully conduct discovery;

THEREFORE, the Parties respectfully request that in the interest of judicial economy, pursuant to ADR Local Rule 6-5 and Civil Local Rules 7-1(a)(5) and 7-12, the Court continue the mediation deadline and extend other deadlines in the CMC Order as follows:

1. The deadline for mediation as set forth under the ADR rules may be continued by 57 days from the current date of November 23, 2011 to January 20, 2012;
2. The close of fact discovery may be extended by 28 days from the current date of December 30, 2011 to January 27, 2012;
3. The deadline to file dispositive motions may be extended by 21 days from the current date of January 19, 2012 to February 13, 2012; February 10, 2012;
4. The final date for hearing dispositive motions may be extended 14 days from the current date of March 1, 2012 to March 17, 2012; March 15, 2012;
5. The pretrial conference date remains set on April 11, 2012;
6. The bench trial date remains set on May 7, 2012.

IT IS SO STIPULATED.

DLA PIPER LLP (US)

DIANA M. HALL

Attorneys for Plaintiff

ELMO SHROPSHIRE

THE LANIER LAW FIRM, PC.

NICHOLAS S. MANCUSO

Attorneys for Defendant

AUBREY CANNING, JR.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

HONORABLE LUCY H. KOH

UNITED STATES DISTRICT COURT JUDGE


Summaries of

Shropshire v. Canning

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Nov 14, 2011
CASE NO. 5:10-cv-01941 LHK (N.D. Cal. Nov. 14, 2011)
Case details for

Shropshire v. Canning

Case Details

Full title:ELMO SHROPSHIRE, d/b/a ELMO PUBLISHINGl, Plaintiff, v. AUBREY CANNING…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Date published: Nov 14, 2011

Citations

CASE NO. 5:10-cv-01941 LHK (N.D. Cal. Nov. 14, 2011)