Opinion
No.: 11-cv-05446-EDL
10-31-2011
ANTHONY TOTARO, Plaintiff, v. LAWRENCE LIVERMORE NATIONAL SECURITY, LLC, Defendant.
Stephen Robert Onstot (SBN 139319) Thomas G. Jarrard, Pro Hac Vice Pending Matthew Z. Crotty, Pro Hac Vice Pending Attorneys for Plaintiff ANTHONY TOTARO Jesse L. Miller (SBN 183229) Jennifer R. Fearnow (SBN 246007) REED SMITH LLP Attorneys for Defendant LAWRENCE LIVERMORE NATIONAL SECURITY, LLC
Stephen Robert Onstot (SBN 139319)
Thomas G. Jarrard, Pro Hac Vice Pending
Matthew Z. Crotty, Pro Hac Vice Pending
Attorneys for Plaintiff
ANTHONY TOTARO
Jesse L. Miller (SBN 183229)
Jennifer R. Fearnow (SBN 246007)
REED SMITH LLP
Attorneys for Defendant
LAWRENCE LIVERMORE NATIONAL
SECURITY, LLC
STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
Honorable Phyllis J. Hamilton
Subject to the approval of this Court, plaintiff Anthony Totaro ("Plaintiff") and defendant Lawrence Livermore National Security, LLC ("Defendant") hereby submit this stipulation respectfully requesting that this Court reschedule the parties' Case Management Conference ("CMC").
WHEREAS, a CMC is currently scheduled in the above-captioned matter for February 23, 2012, at 2:00 p.m., in Courtroom 3, 3rd Floor, Federal Building, 1301 Clay Street, Oakland, California.
WHEREAS, this Court's January 20, 2012 Order Setting Case Management Conference [Doc #19] states that "[a]ny request to reschedule the date of the conference shall be made in writing, and by stipulation if possible, at least ten (10) days before the date of the conference and must be based upon good cause."
WHEREAS, lead counsel for Defendant, Jesse L. Miller, will be appearing in person before the United States District Court for the Middle District of Tennessee on February 23, 2012 for oral argument on a motion for summary judgment and, therefore, will be unavailable to appear in person or by telephone for the above-referenced CMC.
WHEREAS, counsel for Plaintiff and Defendant jointly request and stipulate to continue the CMC from February 23, 2012 to February 28, 2012, or until such later date as the Court's calendar permits in Courtroom 3. The parties will lodge a joint CMC statement not less than seven (7) days before the CMC.
WHEREAS counsel for Plaintiff and Defendant previously stipulated to an extension of time for Defendant to file a responsive pleading to Plaintiff's Complaint. [Doc. 10.]
WHEREAS the continuance of the parties' CMC will affect the Federal Rule of Civil Procedure 16(f) meet and confer deadline by the same number of days as the continuance. In addition, the continuance will affect the deadline by which (7 days before the CMC) the parties' joint CMC statement must be filed.
THE PARTIES THEREFORE STIPULATE AS FOLLOWS:
The parties agree to continue the CMC from February 23, 2012 to February 28, 2012, or until such later date as the Court's calendar permits in Courtroom 3.
By ____________
Thomas G. Jarrard
Attorney for Plaintiff
ANTHONY TOTARO
REED SMITH LLP
By ____________
Jennifer R. Fearnow
Attorneys for Defendant
LAWRENCE LIVERMORE NATIONAL
SECURITY, LLC
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED that the Case Management March 1, 2012
Conference currently scheduled on February 23, 2012 is continued to March 1, 2012 in Courtroom 3.