Hoang et al v. Vinh Phat Supermarket et al

Filing 19

ORDER signed by Senior Judge William B. Shubb on 6/24/13 CONTINUING Scheduling Conference to 9/3/2013 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Joint status report due by 8/20/13. (Manzer, C)

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1 4 James R. Kirby II, SBN 088911 John T. Kinn, SBN 130270 SEGAL & KIRBY LLP 400 Capitol Mall, Suite 1600 Sacramento, CA 95814 Telephone: (916) 441-0828; Facsimile: (916) 441-0886 jkirby@segalandkiby.com; jkinn@segalandkirby.com 5 Attorneys for Defendants Sau V. Vong, Cam Ly, and Suying Plaskett 6 Galen T. Shimoda, SBN 226752 Justin P. Rodriguez, SBN 278275 SHIMODA LAW CORP. 9401 E. Stockton Boulevard, Suite 200 Elk Grove, CA 95624 Telephone: (916) 525-0716; Facsimile: (916) 760-3733 attorney@shimodalaw.com; jrodriguez@shimodalaw.com 2 3 7 8 9 10 11 12 13 14 15 16 Attorneys for Plaintiffs Jeanette Hoang, Yun Wu, Guang Gu Xiang, Mengitng Fanny Kuo, Dia Nham Thang, Edmond Cau Van, Gao Zhi Wei, Danny Hung Leung, Ye-gui Bu, and Cooc Man Coong DOWNEY BRAND LLP Stephen J. Meyer, SBN 75326 Andrew L. Collier, SBN 191137 Cassandra M. Ferrannini, SBN 204277 Katie Konz, SBN 271436 621 Capitol Mall 18th Floor Sacramento, CA 95814-4731 Telephone: (916) 444-1000; Facsimile: (916) 444-2100 smeyer@downeybrand.com; acollier@downeybrand.com cferranmni@downeybrand.com; kkonz@downeybrand.com 17 Attorneys for Defendant Vinh Phat Supermarket, Inc. 18 UNITED STATES DISTRICT COURT 19 EASTERN DISTRICT OF CALIFORNIA 20 21 22 23 Jeanette Hoang, Yun Wu, Guang Gu Xiang, Mengting Fanny Kuo, Gia Nham Thanh, Edmond Cau Van, Gao Zhi Wei, Danny Hung Leung, Ye-gui Bu, and Cooc Man Coong, Plaintiffs, vs. 24 25 26 Vinh Phat Supermarket, Inc., a California Corporation; Sau V. Vong, as an Individual; Cam Ly, as an Individual; Suying Plaskett, as an Individual; and Does 1 to 100, Inclusive, CASE NO. 2:13-cv-00724-WBS-EFB JOINT REQUEST TO CONTINUE STATUS (PRE-TRIAL SCHEDULING) CONFERENCE AND PROPOSED ORDER Date: July 22, 2013 Time: 2:00 p.m. Courtroom: 5 Judge: Hon. William J. Shubb 27 Defendants. 28 / -1Joint Request To Continue Status Conference And Proposed Order 1 2 The Court has set a status (pre-trial scheduling) conference in this matter for July 22, 2013, to address discovery cut-offs and similar issues. 3 Defendant Vinh Phat Supermarket, Inc. (Vinh Phat) has filed a motion to dismiss 4 that is scheduled for hearing on July 15, 2013. When this motion is resolved, Vinh Phat 5 will file a counter-claim raising additional legal issues along with its answer. 6 Individual defendants Vong, Ly and Plaskett (Defendants) have filed a motion to 7 dismiss and for joinder of an additional party defendant that is set for hearing on July 29, 8 2013. Depending upon the Court’s ruling, Defendants may file a third party complaint or 9 counter-claim adding a party and raising additional legal issues when they answer. 10 In short, neither the legal issues nor the identities of all defendants are yet settled. 11 The parties do not believe meaningful scheduling can take place until these matters are 12 resolved. At least one new party (and that party’s counsel) would not be represented at the 13 conference, creating the possibility that any schedule set by the Court might require 14 modification in the near future. 15 The parties therefore jointly request that the Court continue the status (pre-trial 16 scheduling) conference to permit clarification of the legal issues and addition of new 17 parties. Counsel has obtained dates from the Court’s clerk; September 3, 2013, is 18 available for all current counsel. 19 Dated: June 24, 2013 20 Respectfully Submitted, SEGAL & KIRBY LLP 21 By:/s/ James R. Kirby II JAMES R. KIRBY II Attorneys for Defendants Sau V. Vong, Cam Ly and Suying Plaskett 22 23 24 25 Dated: June 24, 2013 SHIMODA LAW CORP. 26 27 By: /s/ Galen T. Shimoda GALEN T. SHIMODA Attorney for Plaintiffs 28 -2Joint Request To Continue Status Conference And Proposed Order 1 Dated: June 24, 2013 DOWNEY BRAND LLP 2 By: /s/ Cassandra Ferrannini CASSANDRA FERRANNINI Attorneys for Vinh Phat Supermarket, Inc. 3 4 5 6 ORDER 7 For good cause shown, the Court continues the status (pre-trial scheduling) 8 conference in this matter to September 3, 2013 at 2:00 p.m. A Joint Status Report shall be 9 filed no later than August 20, 2013. 10 Dated: June 24, 2013 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Joint Request To Continue Status Conference And Proposed Order

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