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STIP. AND [PROPOSED] ORDER RESETTING 

CMC DATE; CV-09-2124 SI

MARTIN D. BERN (SBN 153203) 

Martin.Bern@mto.com 

MALCOLM A. HEINICKE (SBN 194174) 

Malcolm.Heinicke@mto.com 

YUVAL MILLER (SBN 243492) 

Yuval.Miller@mto.com 

MUNGER, TOLLES & OLSON LLP 

560 Mission Street, Twenty-Seventh Floor 

San Francisco, CA 94105-2907 

Telephone: (415) 512-4000 

Facsimile: (415) 512-4077 

Attorneys for Defendant 

GUARDSMARK, LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

(SAN FRANCISCO DIVISION) 

PHILLIP TEMPLE, on behalf of himself, 

individually, and all others similarly 

situated, 

Plaintiff, 

vs.

GUARDSMARK, LLC, and DOES 1 

through 100, INCLUSIVE, 

Defendant.

CASE NO. CV-09-2124-SI 

STIPULATION AND [PROPOSED] ORDER 

RESETTING CONTINUED CASE 

MANAGEMENT CONFERENCE DATE 

Judge: The Honorable Susan Illston 

Date: April 9, 2010 

Time: 9:00 a.m. 

Location: Courtroom 10, 19th Floor

Case 3:09-cv-02124-SI Document 52 Filed 04/09/10 Page 1 of 3
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 - 1 - STIP. AND [PROPOSED] ORDER RESETTING 

CMC DATE; CV-09-2124 SI

WHEREAS, on November 11, 2009, counsel for Defendant Guardsmark, LLC 

(“Guardsmark”) filed a Motion for Partial Summary Judgment (“the Motion”) in this 

matter; 

WHEREAS, the Court issued an order on March 24, 2009 vacating the hearing on 

the Motion and continuing the related case management conference to April 9, 2010; 

WHEREAS, the parties have stipulated to move the case management conference 

to April 16, 2010, because the senior defense counsel (Martin D. Bern, Esq.) is 

unavailable on April 9, 2010 due to a pre-existing family obligation; 

WHEREAS, counsel for Plaintiff has stipulated to the one-week continuance 

requested;

NOW THEREFORE, Plaintiff and Defendant, through their counsel of record, 

stipulate to the following: 

IT IS HEREBY STIPULATED, that the case management conference currently set 

for April 9, 2010, be reset for April 16, 2010, or as soon thereafter as the Court deems 

appropriate.

DATED: March 26, 2010 MUNGER, TOLLES & OLSON LLP 

MARTIN D. BERN 

MALCOLM A. HEINICKE 

YUVAL MILLER 

By: /s/ Martin D. Bern 

MARTIN D. BERN 

Attorneys for Defendants 

GUARDSMARK, LLC 

DATED: March 26, 2010 QUALLS & WORKMAN, L.L.P. 

By: /s/ Daniel H. Qualls 

DANIEL H. QUALLS 

Attorney for Plaintiff 

PHILLIP TEMPLE 

Case 3:09-cv-02124-SI Document 52 Filed 04/09/10 Page 2 of 3
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 - 2 - STIP. AND [PROPOSED] ORDER RESETTING 

CMC DATE; CV-09-2124 SI

I, Martin D. Bern, attest that I have obtained concurrence from Daniel 

Qualls in the filing of this Stipulation. See N.D. Cal. General Order 45 § 10(B). 

PURSUANT TO STIPULATION, IT IS SO ORDERED. 

DATED: _____________________ ____________________________________ 

 The Honorable Susan Illston 

The case management conference has been continued to Friday, May 14,

2010, at 3:00 p.m. A joint statement shall be filed one week prior.

Case 3:09-cv-02124-SI Document 52 Filed 04/09/10 Page 3 of 3