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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James R. Kirby II, SBN 088911
John T. Kinn, SBN 130270
SEGAL & KIRBY LLP
400 Capitol Mall, Suite 1600
Sacramento, CA 95814
Telephone: [phone]; Facsimile: [phone]
[e-mail]; [e-mail]

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Attorneys for Defendants Sau V. Vong, Cam Ly, and Suying Plaskett

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Galen T. Shimoda, SBN 226752
Justin P. Rodriguez, SBN 278275
SHIMODA LAW CORP.
9401 E. Stockton Boulevard, Suite 200
Elk Grove, CA 95624
Telephone: [phone]; Facsimile: [phone]
[e-mail]; [e-mail]

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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: [phone]; Facsimile: [phone]
[e-mail]; [e-mail]
[e-mail]; [e-mail]

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Attorneys for Defendant Vinh Phat Supermarket, Inc.
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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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.

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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

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Defendants.
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/
-1Joint Request To Continue Status Conference And Proposed Order

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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.

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Defendant Vinh Phat Supermarket, Inc. (Vinh Phat) has filed a motion to dismiss

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that is scheduled for hearing on July 15, 2013. When this motion is resolved, Vinh Phat

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will file a counter-claim raising additional legal issues along with its answer.

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Individual defendants Vong, Ly and Plaskett (Defendants) have filed a motion to

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dismiss and for joinder of an additional party defendant that is set for hearing on July 29,

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2013. Depending upon the Court’s ruling, Defendants may file a third party complaint or

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counter-claim adding a party and raising additional legal issues when they answer.

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In short, neither the legal issues nor the identities of all defendants are yet settled.

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The parties do not believe meaningful scheduling can take place until these matters are

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resolved. At least one new party (and that party’s counsel) would not be represented at the

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conference, creating the possibility that any schedule set by the Court might require

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modification in the near future.

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The parties therefore jointly request that the Court continue the status (pre-trial

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scheduling) conference to permit clarification of the legal issues and addition of new

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parties. Counsel has obtained dates from the Court’s clerk; September 3, 2013, is

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available for all current counsel.

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Dated: June 24, 2013

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Respectfully Submitted,
SEGAL & KIRBY LLP

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By:/s/ James R. Kirby II
JAMES R. KIRBY II
Attorneys for Defendants
Sau V. Vong, Cam Ly and Suying Plaskett

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Dated: June 24, 2013

SHIMODA LAW CORP.

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By: /s/ Galen T. Shimoda
GALEN T. SHIMODA
Attorney for Plaintiffs

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-2Joint Request To Continue Status Conference And Proposed Order

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Dated: June 24, 2013

DOWNEY BRAND LLP

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By: /s/ Cassandra Ferrannini
CASSANDRA FERRANNINI
Attorneys for Vinh Phat Supermarket, Inc.

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ORDER

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For good cause shown, the Court continues the status (pre-trial scheduling)

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conference in this matter to September 3, 2013 at 2:00 p.m. A Joint Status Report shall be

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filed no later than August 20, 2013.

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Dated:

June 24, 2013

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-3Joint Request To Continue Status Conference And Proposed Order