Chao et al v. Zenith Capital LLC et al

Filing 89

AMENDED STIPULATION AND ORDER RESETTING CMC. Joint CMC statement due 6/1/11 re 88 Stipulation and Order. Signed by Judge Edward M. Chen on 5/17/11. (bpf, COURT STAFF) (Filed on 5/17/2011)

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WAYNE R. BERRY, DC Bar No. 429661
ROBIN SPRINGBERG PARRY, Virginia Bar No. 37502
Office of the Solicitor
United States Department of Labor
200 Constitution Avenue, N.W., Room N-4611
Washington, D.C. 20210
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for the Plaintiff
HILDA L. SOLIS, Secretary of Labor
UNITED STATES DEPARTMENT OF LABOR

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HILDA L. SOLIS, Secretary of Labor,
UNITED STATES DEPARTMENT OF LABOR, )
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Plaintiff,
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v.
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ZENITH CAPITAL LLC, a California business
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entity; RICK LANE TASKER, an individual;
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MICHAEL GREGORY SMITH, an individual;
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and MARTEL JED COOPER, an individual,
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Defendants.
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Civil Case No. C 08-4854 EMC

REQUEST/STIPULATION OF
PARTIES TO CHANGE DATE AND
CONDUCT CASE MANAGEMENT
CONFERENCE BY TELEPHONE
ORDER (AMENDED)

Pursuant to Local Rules 7-12 and 16-10, the parties hereby request that the Court

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reschedule the Case Management Conference for June 8, 2011 at 2:00 p.m. In addition, the

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parties request that the Court hold a telephonic Case Management Conference in this matter and

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permit all counsel to participate in the Case Management Conference by telephone. The Case

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Management Conference in this case is scheduled for June 1, 2011, at 1:30 p.m., in Courtroom

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C, 15th Floor, Phillip Burton Federal Building & United States Courthouse, 450 Golden Gate

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Avenue, San Francisco, California.

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STIPULATION OF PARTIES TO CONDUCT CASE
MANAGEMENT CONFERENCE BY TELEPHONE - PAGE 1

Case No. C-08-4854(EMC)

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Counsel for the Secretary has a scheduling conflict with the June 1, 2011 date and all

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parties have agreed to reschedule the Case Management Conference to June 8, 2011, or as soon

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thereafter as the Court is available.

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The Secretary and the defendants are using their best efforts to manage the costs of this

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litigation whenever possible, including the costs and expenses associated with travel. All

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counsel in this case are located outside the San Francisco area; counsel for the Secretary is

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located in Washington, D.C. and counsel for defendants' Zenith Capital, Cooper and Smith are

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located in San Diego, California. Defendant Tasker is appearing in pro se in this matter and is

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located in Santa Rosa, California.

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Allowing the Case Management Conference to proceed by telephone would allow all

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parties to avoid the expenses associated with their attorneys traveling to San Francisco for the

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Case Management Conference. Counsel for the Secretary would be happy to undertake the

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necessary arrangements for a telephonic Case Management Conference should the Court grant

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the parties' request.

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Dated: May __16_, 2011

By: _______/s/ Wayne R. Berry

_________

Attorney signing

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WAYNE R. BERRY
ROBIN SPRINGBERG PARRY
Attorneys for Plaintiff
HILDA L. SOLIS, Secretary of Labor,
UNITED STATES DEPARTMENT OF LABOR

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Dated: May __13_, 2011
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By: _____/s/ Douglas A. Dubé_________
Attorney signing
A. DANIEL BACALSKI, JR.
DOUGLAS A. DUBÉ
Attorneys for Defendants
ZENITH CAPITAL, LLC, MICHAEL GREGORY
SMITH, and MARTEL JED COOPER

STIPULATION OF PARTIES TO CONDUCT CASE
MANAGEMENT CONFERENCE BY TELEPHONE - PAGE 2

Case No. C-08-4854(EMC)

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Dated: May _13__, 2011

By: _____/s/ Peta L. Hallisey_____________
Attorney signing

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PETA L. HALLISEY
Attorney for Defendants
MICHAEL GREGORY SMITH, and
MARTEL JED COOPER

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Dated: May __13_, 2011

By: __________/s/ Rick L. Tasker______
RICK LANE TASKER, In Pro Se

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IT IS SO ORDERED.

A joint CMC statement shall be filed by May 25, 2011. June 1, 2011.

R NIA

NO

RT

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D

ERE
O ORD D
___________________________________
IT IS S
ODIFIE
AS M
EDWARD M. CHEN
. Ch
UnitedwStatesenMagistrate Judge
d ard M
Judge E
District
FO

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May 17, 2011
Date: _____________________

UNIT
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STIPULATION OF PARTIES TO CONDUCT CASE
MANAGEMENT CONFERENCE BY TELEPHONE - PAGE 3

Case No. C-08-4854(EMC)

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CERTIFICATE OF SERVICE

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I hereby certify that on May 16, 2011 a copy of the foregoing Request/Stipulation by
Parties to Change Date and Conduct Case Management Conference by Telephone and
[Proposed] Order was filed electronically. Pursuant to General Order No. 45, Section IX.A,

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notice of this filing will be sent to all parties, except In Pro Se Defendant Rick Lane Tasker, via

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the Court's electronic filing system. A copy of the foregoing will be served on In Pro Se

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Defendant Rick Lane Tasker by email. Parties, except In Pro Se Defendant Tasker, may access

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this filing through the Court's electronic filing system.

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______/s/ Wayne R. Berry______________
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WAYNE R. BERRY
Senior Trial Attorney

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STIPULATION OF PARTIES TO CONDUCT CASE
MANAGEMENT CONFERENCE BY TELEPHONE - PAGE 4

Case No. C-08-4854(EMC)