Smith v. VMware, Inc. et al

Northern District of California, cand-4:2015-cv-03750

STIPULATION AND ORDER TO CONTINUE THE MOTION TO COMPEL ARBITRATION HEARING AND VACATE CASE MANAGEMENT CONFERENCE. Set/Reset Deadlines as to {{76}} MOTION to Compel. Motion Hearing set for 12/21/2015 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Signed by Judge Thelton E. Henderson on 10/21/2015.

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1 NIALL P. McCARTHY (SBN 160175) nmccarthy@cpmlegal.com 2 JUSTIN T. BERGER (SBN 250346) jberger@cpmlegal.com 3 ERIC J. BUESCHER (SBN 271323) ebuescher@cpmlegal.com 4 SHAUNA R. MADISON (SBN 299585) smadison@cpmlegal.com 5 COTCHETT, PITRE & McCARTHY, LLP San Francisco Airport Office Center 6 840 Malcolm Road Burlingame, CA 94010 7 Telephone: (650) 697-6000 Facsimile: (650) 697-0577 8 JEFFREY F. RYAN (SBN 129079) 9 jeff@jeffreyryanlaw.com LAW OFFICES OF JEFFREY F. RYAN 10 2000 Broadway Street Redwood City, CA 94063 11 Telephone: (650) 324-8343 12 Attorneys for Plaintiff Dane Smith 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 DANE SMITH, an individual, CASE NO. 3:15-cv-03750-TEH 16 Plaintiff, JOINT STIPULATION TO CONTINUE THE MOTION TO COMPEL ARBITRATION 17 v. HEARING AND CASE MANAGEMENT CONFERENCE; PROPOSED ORDER 18 VMWARE, INC., a Delaware corporation, 19 Defendant. 20 21 22 23 24 25 26 27 28 ♼ LAW OFFICES JOINT STIPULATION TO CONTINUE THE MOTION TO COMPEL ARBITRATION COTCHETT, PITRE & HEARING AND CASE MANAGEMENT CONFERENCE; PROPOSED ORDER; MCCARTHY, LLP CASE NO. 3:15-cv-03750-TEH 1 Pursuant to Civil L. R. 6-2, Plaintiff Dane Smith and Defendant VMware, Inc. 2 (collectively, the "Parties") in the above captioned litigation respectfully request that the Court 3 change the date of both the hearing on Defendant's Motion to Compel Arbitration (ECF No. 76) 4 and the Case Management Conference scheduled in this matter (see ECF No. 71). 5 On August 24, 2015, this case was reassigned to this Court. See ECF No. 65. On 6 September 2, 2015, the Court issued a Clerk's Notice on Reassignment scheduling the Initial Case 7 Management Conference for November 23, 2015, and directing the parties to file their initial case 8 management statement on or before November 16, 2015. See ECF 71. Counsel for Defendant is 9 unavailable on November 23, 2015 due to a conflict with a previously scheduled matter that date. 10 On October 2, 2015, Defendant filed a Motion to Compel Arbitration in this matter, and set 11 the hearing for November 16, 2015. Counsel for Plaintiff will be travelling out of the state and is 12 unavailable that date. 13 Accordingly, the Parties therefore respectfully request that the Court enter an order setting 14 VMware's Motion to Compel Arbitration for hearing on December 21, 2015 at 10:00 a.m. The 15 parties are available to have the initial case management conference conducted at the same time, if 16 the Court determines that is appropriate. Alternatively, the parties are available to discuss the 17 scheduling of a new CMC date at the hearing or upon the Court's ruling on the Motion to Compel. 18 The Parties agree to file a joint case management statement at least seven days prior to the CMC 19 date set by the Court. 20 IT IS SO STIPULATED. 21 Dated: October 21, 2015 COTCHETT, PITRE & McCARTHY, LLP 22 By: /s/ Eric J. Buescher 23 NIALL P. McCARTHY1 JUSTIN T. BERGER 24 ERIC J. BUESCHER SHAUNA R. MADISON 25 Attorneys for Plaintiff Dane Smith 26 (additional signatures on following page) 27 1 Pursuant to Civil L. R. 5-1(i)(3), the filer of this stipulation attests that he has obtained 28 ♼ concurrence in the filing of this document from each of the other signatories. LAW OFFICES JOINT STIPULATION TO CONTINUE THE MOTION TO COMPEL ARBITRATION 1 COTCHETT, PITRE & HEARING AND CASE MANAGEMENT CONFERENCE; PROPOSED ORDER; MCCARTHY, LLP CASE NO. 3:15-cv-03750-TEH 1 2 Dated: October 21, 2015 LAW OFFICES OF JEFFREY F. RYAN 3 By: /s/ Jeffrey F. Ryan 4 JEFFREY F. RYAN 5 Attorneys for Plaintiff Dane Smith 6 7 Dated: October 21, 2015 ORRICK, HERRINGTON & SUTCLIFFE, LLP 8 By: /s/ Shannon Brooke Seekao 9 SHANNON BROOKE SEEKAO (SBN 99779) JESSICA R. PERRY (SBN 209321) 10 LYNNE C. HERMLE (SBN 267536) 1000 Marsh Road 11 Menlo Park, California 94025 Tel: 650-614-7400 12 Fax: 650-614-7401 lchermle@orrick.com 13 jperry@orrick.com sseekao@orrick.com 14 Attorneys for Defendant VMware, Inc. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ♼ LAW OFFICES JOINT STIPULATION TO CONTINUE THE MOTION TO COMPEL ARBITRATION 2 COTCHETT, PITRE & HEARING AND CASE MANAGEMENT CONFERENCE; PROPOSED ORDER; MCCARTHY, LLP CASE NO. 3:15-cv-03750-TEH 1 [PROPOSED] ORDER 2 Pursuant to the stipulation of the parties: 3 The November 16, 2015 hearing date on VMware's Motion to Compel Arbitration is 4 vacated and rescheduled for December 21, 2015 at 10:00 a.m.; and, 5 The Case Management Conference scheduled for November 23 is hereby vacated. A Case 6 Management Conference will be set at the hearing on December 21, 2015. 7 8 IT IS SO ORDERED AS MODIFIED. 9 Dated: 10/21/2015 10 Hon. Thelton E. Henderson 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ♼ LAW OFFICES JOINT STIPULATION TO CONTINUE THE MOTION TO COMPEL ARBITRATION 3 COTCHETT, PITRE & HEARING AND CASE MANAGEMENT CONFERENCE; PROPOSED ORDER; MCCARTHY, LLP CASE NO. 3:15-cv-03750-TEH