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ROBERTA L. STEELE, SBN 188198 (CA) MARCIA L. MITCHELL, SBN 18122 (WA) JAMES H. BAKER JR, SBN 291836 (CA) KENA C. CADOR, SBN 321094 (CA) U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 450 Golden Gate Ave., 5th Floor West P.O. Box 36025 San Francisco, CA 94102 Telephone No. (650) 684-0933 Fax No. (415) 522-3425 kena.cador@eeoc.gov Attorneys for Plaintiff EEOC
THOMAS E. HILL, SBN 100861 thomas.hill@hklaw.com CHRISTINA T. TELLADO, SBN 298597 christina.tellado@hklaw.com HOLLAND & KNIGHT, LLP 400 South Hope Street, 8th Floor Los Angeles, California 90071 Telephone: (213) 896-2400 Facsimile: (213) 896-2450 Attorneys for Defendant Tesla
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,
vs.
Case No.: 3:23-cv-04984-JSC STIPULATION AND [PROPOSED] ORDER CONTINUING THE INITIAL CASE MANAGEMENT CONFERENCE AND INITIAL CASE DEADLINES
TESLA, INC.,
Defendant.
Plaintiff U.S. Equal Employment Opportunity Commission (“EEOC”) and Defendant Tesla,
Inc. (“Tesla”) (collectively, “the Parties”) jointly submit this request in accordance with Local Rules
6-2 and 7-12 for the Court to vacate the Initial Case Management Conference and initial case
deadlines, including the deadlines to meet and confer pursuant to Rule 26(f) and regarding initial
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONF & INITIAL CASE DEADLINES
Case No.: 3:23-cv-04984-JSC
Page 2
disclosures, early settlement, and a discovery plan Fed. R. Civ. P. 26(f); L.R. 6-2, 7-12. Plaintiff EEOC filed the Complaint in this matter on September 28, 2023. (ECF 1) On
October 2, 2023, the Court issued an Order Setting Initial Case Management Conference and ADR
Deadlines (“Initial Case Management Order”). (ECF 7) The Initial Case Management Order set
December 19, 2023, as the deadline for the parties to meet and confer regarding Rule 26(f), initial
disclosures, early settlement, ADR process selection and a discovery plan.
Defendant Tesla waived service of Summons; therefore, Defendant’s answer or motion under
Rule 12 is due within sixty days of October 26, 2023, i.e., no later than December 26, 2023. (ECF
11) See also Fed R. Civ. P. 12(a)(ii). On December 13, 2023, the Clerk issued a notice rescheduling
the Initial Case Management Conference to January 11, 2024 (ECF 20), which shifted the Rule 26(f)
and other meet and confer deadlines to December 21, 2023.
On December 18, 2023, Defendant Tesla filed a Notice of Motion and Motion to Stay All
Proceedings and requested a hearing on February 1, 2024. (ECF 22) As of this filing, Defendant
Tesla has not yet answered or otherwise responded to the Complaint and Defendant’s Motion to Stay
remains pending. Accordingly, the Initial Case Management Conference in this matter predates the
hearing on a Motion to Stay, and the currently established December 21, 2023 deadline, is prior to
the Defendant’s deadline for filing and serving its response to the Complaint. (ECF 11)
There is good cause for the Court to vacate the deadlines set by the initial case management
orders and reset all initial case deadlines (excluding the deadline for Defendant’s response to the
Complaint) after the Court rules on Defendant’s Motion to Stay. By its terms, Rule 26(f)
contemplates that the parties to a lawsuit will confer regarding all claims and defenses to jointly
develop a discovery plan and to discuss “the possibilities for promptly settling or resolving the case.”
Fed. R. Civ. P.26(f). The Parties are unable to comply fully with Rule 26(f) while Defendant’s
response to the Complaint remains pending. In addition, the Parties believe it would serve judicial
efficiency for the Court to postpone the Initial Case Management Conference and to reschedule it, if
necessary, after the Court has ruled on the Defendant’s Motion to Stay. Accordingly, the Parties
respectfully request the Court enter an order vacating the Initial Case Management Conference and
all initial case deadlines until after it rules on Defendant’s Motion to Stay, in the interest of
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE INITIAL CASE MANAGEMENT
CONF & INITIAL CASE DEADLINES
Case No.: 3:23-cv-04984-JSC
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efficiency and in order to facilitate informed Rule 26(f) discussions, and to preserve the resources of
the Court and litigants.
STIPULATION
WHEREAS, the Parties believe that good cause exists to continue the Initial Case
Management Conference and related deadlines pursuant to Local Rule 16-10 since the current Initial
Case Management Conference of January 11, 2023, falls before the February 1, 2023 hearing on
Defendant’s Motion to Stay;
WHEREAS, the Parties believe that good cause exists to vacate the initial case deadlines to
meet and confer pursuant to Rule 26(f) regarding initial disclosures, early settlement, ADR process
selection and a discovery plan since the current December 21, 2023 deadline falls before
Defendant’s response is due and since an order granting Defendant’s motion would eliminate the
need for the parties to confer; and
WHEREAS, the Parties have not requested any other continuances or extensions to the Court’s deadlines;
THEREFORE, it is hereby stipulated and agreed that, subject to Court approval, the Parties’
Initial Case Management Conference will be vacated and will be reset, if necessary, after the Court
rules on the Defendant’s Motion to Stay All Proceedings, and the Parties’ deadline for convening a
///
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///
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE INITIAL CASE MANAGEMENT
CONF & INITIAL CASE DEADLINES
Case No.: 3:23-cv-04984-JSC
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Rule 26(f) conference and conferring about initial disclosures, early settlement, ADR process
selection, and discovery plan shall also be vacated pending further order of the Court.
IT IS SO STIPULATED.
Respectfully submitted,
DATED this 21st of December, 2023.
ROBERTA STEELE
Regional Attorney
KARLA GILBRIDE
General Counsel
MARCIA L. MITCHELL
Assistant Regional Trial Attorney
CHRISTOPHER LAGE
Deputy General Counsel
JAMES H. BAKER
Senior Trial Attorney
Office of the General Counsel 131 M Street, N.E.
Washington, D.C. 20507
KENA C. CADOR
Trial Attorney BY: /s/ Kena C. Cador KENA C. CADOR U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 450 Golden Gate Ave., 5th Floor West P.O. Box 36025 San Francisco, CA 94102 Telephone (650) 684-0933 kena.cador@eeoc.gov
Attorneys for Plaintiff EEOC
By: /s/ Christina Tellado CHRISTINA TELLADO, ESQ.
THOMAS E. HILL, ESQ.
HOLLAND & KNIGHT, LLP
400 South Hope Street, 8th Floor Los Angeles, California 90071 Telephone: (213) 896-2400 Facsimile: (213) 896-2450 christina.tellado@hklaw.com Attorneys for Defendant Tesla, Inc.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONF & INITIAL CASE DEADLINES
Case No.: 3:23-cv-04984-JSC
Page 5
LOCAL RULE 5-1(I)(3) ATTESTATION
I, Kena C. Cador, am the ECF User whose ID and password are being used to file the
foregoing document. In compliance with Local Rule 5-1(i)(3), I hereby attest that counsel for
Defendant concurred in this filing on December 21, 2023.
Dated: December 21, 2023
BY: /s/ Kena C. Cador KENA C. CADOR
[PROPOSED] ORDER
Based on the foregoing stipulation of the Plaintiff U.S. Equal Employment Opportunity Commission and Defendant Tesla, Inc., IT IS HEREBY ORDERED THAT:
The January 11, 2024 Case Management Conference is vacated and will be reset, if necessary, after the Court rules on the Defendant’s Motion to Stay All Proceedings; and the Parties’ deadline for convening a Rule 26(f) conference and conferring about initial disclosures, early settlement, ADR process selection and discovery plan are also hereby vacated pending further order of the Court.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated:
December 21, 2023
HON. JA
JACQUELINE
JACQ
QUE
U LINE S. CORLEY
Unitedd States District Courtt JJudge St t Di t i tC d
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE INITIAL CASE MANAGEMENT
CONF & INITIAL CASE DEADLINES
Case No.: 3:23-cv-04984-JSC
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ROBERTA L. STEELE, SBN 188198 (CA)
MARCIA L. MITCHELL, SBN 18122 (WA)
JAMES H. BAKER JR, SBN 291836 (CA)
KENA C. CADOR, SBN 321094 (CA)
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Francisco District Office 450 Golden Gate Ave., 5th Floor West P.O. Box 36025 San Francisco, CA 94102 Telephone No. (650) 684-0933 Fax No. (415) 522-3425 kena.cador@eeoc.gov Attorneys for Plaintiff EEOC
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Plaintiff,
vs.
TESLA, INC.,
Case No.: 3:23-cv-04984-JSC DECLARATION OF KENA CADOR IN SUPPORT OF JOINT STIPULATION CONTINUING THE INITIAL CASE MANAGEMENT CONFERENCE AND INITIAL CASE DEADLINES
Defendant.
I, Kena C. Cador, being of lawful age, declare under penalty of perjury, that the following statements are true and correct to the best of my knowledge: 1.
I am a Trial Attorney at the United States Equal Employment Opportunity
Commission (“EEOC”), in the San Francisco District Office, and I have personal knowledge of the
facts set forth in this Declaration.
2.
I submit this declaration in support of the Parties’ Joint Stipulation Continuing the
Initial Case Management Conference and Initial Case Deadlines.
3.
Plaintiff EEOC filed the Complaint in this matter on September 28, 2023. (ECF 1)
4.
On October 2, 2023, the Court issued an Order Setting Initial Case Management
Conference and ADR Deadlines (“Initial Case Management Order”). (ECF 7)
CADOR DECL ISO JT STIP TO CONT
INITIAL CASE MANAGEMENT CONF
& DEADLINES
Case No.: 3:23-cv-04984-JSC
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