Yang et al v. Shanghai Gourmet, LLC

Filing 92

STIPULATION AND ORDER re 78 Stipulation filed by Bao Yi Yang, Wei Wang, Liang-Xian Fu. Signed by Judge James Larson on 7/14/10. (jlsec, COURT STAFF) (Filed on 7/12/2010)

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Yang et al v. Shanghai Gourmet, LLC Doc. 92 Case3:07-cv-04482-JL Document78 Filed07/07/10 Page1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADAM WANG, Bar No. 201233 LAW OFFICE OF ADAM WANG 12 South First Street, Suite 708 San Jose, CA 95113 Tel: (408) 292-1040 Fax: (408) 416-0248 Attorney for Plaintiffs BAO YI YANG, WEI WANG & LIANG-XIAN FU UNITED STATES DISTRICT COURT FOR DISTRICT OF NORTHERN CALIFORNIA BAO YI YANG, WEI WANG, AND LIANG- Case No.: C07-04482 JL XIAN FU, STIPULATION TO CONTINUE THE PREPlaintiffs, TRIAL FILINGS vs. SHANGHAI GOURMET, LLC dba SHANGHAI GOURMET and DOES 1-10 Defendants Parties, through their respective counsel, stipulate to continue the deadlines to make their pre-trial filings as follows: 1. On January 20, 2010, a further Case Management Conference was held, where the Trial Date: July 19, 2010 Time: 9:00 a.m. Judge: Honorable James Larson Court set the trial for this matter on July 19, 2010. (Docket No. 75). 2. However, although a Pre-Trial Order was prepared on January 21, 2010, it was not filed and served on parties until July 2, 2010. (Docket No. 77). As such, parties did not have notice of the Pre-Trial Conference and the dates by which all the pre-trial filings are supposed to be due until July 2, 2010. 3. After meeting and conferring, parties are in the agreement to proceed with the trial as currently scheduled. 4. However, in light of lack of notice of the pre-trial deadlines, parries hereby stipulate to continue all the pre-trial deadlines to July 12, 2010 as set forth below: a. Statement; . No later than July 12, 2010, parties shall file a joint or separate Pre-Trial STIPULATION TO CONTINUE PRE-TRIAL DEADLINES Yang v. Shanghai Gourmet, et al. 1 C07-4482 JL Dockets.Justia.com Case3:07-cv-04482-JL Document78 Filed07/07/10 Page2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 b. No later than July 12, 2010, parties shall file and serve upon the other parties the Pre-Trial Brief; c. No later than July 12, 2010, parties shall file and serve a list of excerpts from discovery that will be offered at trial, specifying the witnesses, page and line references and whether the expert is to be offered in lieu of testimony or as impeachment; d. No later than July 12, 2010, parties shall serve and file a list of witnesses likely to be called at trial, in person or by deposition, other than solely for impeachment or rebuttal, with a brief statement describing the substance of the testimony to be given; e. No later than July 12, 2010, parties shall serve and file a numerical list of exhibits (including demonstrative exhibits that may be admitted into evidence but not those that are purely illustrative), with a brief statement describing the substance and purpose of each exhibit and the name of the sponsoring witness; f. No later than July 12, 2010, parties shall exchange exhibits which shall be premarked, tabbed and in binders (plaintiff shall use numbers and defendant shall use letters); and deliver the original and two duplicate sets of all premarked exhibits to chambers (exhibits are not to be filed). The label so marked on the exhibits shall conform to the requirements indicated in the Pre-Trial Order issued by this Court (Docket No. 77). g. No later than July 12, 2010, parties shall Serve and file proposed findings of fact and conclusions of law. h. No later than July 12, 2010, parties shall serve and file a proposed verdict form which contains no reference to submitting party. 5. 6. Parties stipulate that no motions in limine shall be filed. Parties further stipulate all objections to any pre-trial filings mentioned above by either party shall be waived, save that any party reserves rights to object to evidence introduced by the other party at the time of trial. _______________________________________________________________ [PROPOSED] ORDER . STIPULATION TO CONTINUE PRE-TRIAL DEADLINES Yang v. Shanghai Gourmet, et al. 2 C07-4482 JL Case3:07-cv-04482-JL Document78 Filed07/07/10 Page3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 GOOD CAUSE APPEARING, pursuant to parties' stipulation, IT IS SO ORDERED. Furthermore, Parties are further directed to comply with all remaining aspects of the requirements of trial preparations set forth in this Court's Pre-Trial Order. SO ORDER. DATED: July 6, 2010 By: /s/ Adam Wang ADAM WANG Attorney for Plaintiffs By: /s/ Arthur Liu______________________________ ARTHUR LIU Attorney for Defendants Dated: July 6, 2010 July 12, 2010 UNIT ED S S DISTRICT TE C TA 15 16 17 18 19 20 21 22 23 24 25 . ER N F D IS T IC T O R STIPULATION TO CONTINUE PRE-TRIAL DEADLINES Yang v. Shanghai Gourmet, et al. 3 C07-4482 JL A C LI FO m Judge Ja es Larso n R NIA O OR IT IS S DERED RT U O NO RT H

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