Liu v. J's Garden Restaurant, Inc. et al

Filing 15

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 4/2/14: The Parties are ordered to file a joint written statement regarding whether this matter was resolved at mediation on or before May 20, 2014. (Kaminski, H)

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Randal M. Barnum State Bar No. 111287
Carrie E. Croxall
State Bar No. 190430
LAW OFFICES OF RANDAL M. BARNUM
279 East H Street
Benicia, CA 94510
Telephone:
707.745.3747
Facsimile:
707.745.4580
[e-mail]
[e-mail]
Attorneys for Defendants, J’s Garden Restaurant, Inc.,
Jenn Wah Jang and James Jang

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Mark J. Bluer
State Bar No. 157071
BLUER & BLUER, LLP
222 Sutter Street, Suite 600
San Francisco, CA 94108
Telephone:
415-989-1281
Facsimile:
415-358-4306
[e-mail]

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Attorneys for Plaintiff Jisheng Liu
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JISHENG LIU,
Plaintiff,

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CASE NO. 2:13-cv-02615-KJN
STIPULATION AND ORDER TO
CONTINUE DEADLINE TO COMPLETE
MEDIATION

v.
J’s GARDEN RESTAURANT, INC.; JENN
WAH JANG; JAMES JANG; and DOES 125,
Defendants.

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Plaintiff Jisheng Liu and Defendants J’s Garden Restaurant, Inc., Jenn Wah Jang, and

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James Jang, collectively “the Parties”, by and through their counsel, stipulate and agree as

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follows:

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1.

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WHEREAS, this action was filed on December 3, 2013.

-1STIPULATION AND ORDER TO CONTINUE DEADLINE TO COMPLETE MEDIATION

2.

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WHEREAS, Plaintiff’s Complaint alleges six causes of action: (1) Violation of

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the Fair Labor Standards Act [29 U.S.C. § 201 et. seq.]; (2) Failure to Pay Overtime

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Compensation (at time and one-half) [Cal. Labor Code § 510, IWC Order 5-2001]; (3) Failure to

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Provide Itemized Statements of Earnings [Cal. Labor Code § 226(e)]; (4) Waiting Time Penalties

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[Cal. Labor Code § 203]; (5) Rest Period Violations [Cal. Labor Code § 276.7]; and (6)

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Restitution for Unpaid Wages – Violation of California Unfair Practices Act [Bus. & Prof. Code

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§ 17203].

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3.

WHEREAS on February 13, 2014, the Court issued an Order approving the

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Parties’ stipulation for referral of the action to the court’s Voluntary Dispute Resolution

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Program. In the Order, the Court ordered that the Parties file a joint written statement regarding

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whether this matter was resolved at mediation within 90 days of the February 13, 2014 Order.

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Thus, the last date on which the Parties may file the joint written statement regarding the

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outcome of mediation is May 13, 2014.
4.

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WHEREAS, the Parties believe that it would not be productive to engage in

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mediation until after certain depositions have been completed. The deposition of Plaintiff is

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scheduled for April 8, 2014. The depositions of Defendant Jenn Wah Jang and the Person Most

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Qualified for Defendant J’s Garden Restaurant, Inc. are scheduled for April 28, 2014.
5.

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WHEREAS, the mediation in this matter has been scheduled for May 13, 2014 at

10:00 a.m. with Scott Plamondon, Esq.

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THEREFORE, all Parties hereto stipulate and agree, and therefore request, that the Court

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enter an Order continuing the deadline to file a joint statement regarding whether this matter was

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resolved at mediation to May 20, 2014.

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24 Dated: April 1, 2014

BLUER & BLUER, LLP

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By:

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/s/ Mark J. Bluer
Mark J. Bluer
Attorneys for Plaintiff
JISHENG LIU

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-2STIPULATION AND ORDER TO CONTINUE DEADLINE TO COMPLETE MEDIATION

1 Dated: April 1, 2014

LAW OFFICES OF RANDAL M. BARNUM

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By:

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/s/ Randal M. Barnum
Randal M. Barnum
Carrie E. Croxall
Attorneys for Defendants
J’S GARDEN RESTAURANT, INC.;
JENN WAH JANG; and JAMES JANG

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IT IS SO ORDERED.

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The Parties are ordered to file a joint written statement regarding whether this matter was

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resolved at mediation on or before May 20, 2014.
Dated: April 2, 2014

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-3STIPULATION AND ORDER TO CONTINUE DEADLINE TO COMPLETE MEDIATION