Iguacu, Inc. v. Filho

Filing 161

JOINT STIPULATION AND ORDER RE 160 TO EXTEND THE DEADLINE FOR SCHEDULING AND PARTICIPATING IN A FURTHER SETTLEMENT CONFERENCE AND TO CONTINUE THE CASE MANAGEMENT CONFERENCE. Case Management Conference set for 12/15/2011 10:00 AM in Courtroom 3, 17th Floor, San Francisco. Signed by Judge Richard Seeborg on 8/5/11. (cl, COURT STAFF) (Filed on 8/5/2011)

*E-Filed 8/5/11*

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ROBERT R. CROSS (State Bar No. 56814)
E-Mail:
[e-mail]
SIDEMAN & BANCROFT LLP
One Embarcadero Center, Eighth Floor
San Francisco, California 94111-3629
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Plaintiff
IGUACU, INC.

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EDWARD P. SANGSTER (State Bar No.121041)
[e-mail]
CLAUDIA A. QUIROZ (State Bar No. 254419)
[e-mail]
K&L GATES LLP
4 Embarcadero Center, Suite 1200
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.882.8220

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Attorneys for Defendant
ANTONIO CABRERA MANO FILHO

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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IGUACU, INC.,

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Case No. C 09-0380 RS
Plaintiff,

v.

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ANTONIO CABRERA MANO FILHO,
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JOINT APPLICATION TO EXTEND
THE DEADLINE FOR SCHEDULING
AND PARTICIPATING IN A FURTHER
SETTLEMENT CONFERENCE AND TO
CONTINUE THE CASE MANAGEMENT
CONFERENCE; [PROPOSED] ORDER

Defendant.

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SF-244146 v2

JOINT APP. TO EXTEND DEADLINE FOR SCHEDULING AND PARTICIPATING IN FURTHER
SETTLEMENT CONFERENCE AND CONTINUE CMC; [PROPOSED] ORDER; CASE NO. C-09-0380 RS

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Defendant Antonio Cabrera Mano Filho ( Mr. Cabrera ) and Plaintiff Iguacu, Inc.

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( Iguacu ) jointly request that (1) the October 6, 2011 deadline for participating in a further

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settlement conference with Magistrate Judge Zimmerman pursuant to the Court s July 8, 2011 order,

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[Dkt. No. 152], be extended to November 18, 2011; and (2) that the Case Management Conference

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currently scheduled for October 13, 2011, [Dkt. No. 152], be continued for the following reasons:

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1.

This Court s July 8th order directed the parties that to the extent practicable, and

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subject to Judge Zimmerman s availability, to complete [the settlement conference] process

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within 90 days , [id.] that is, by October 6, 2011. Judge Zimmerman scheduled a further

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Settlement Conference for August 16, 2011. [Dkt. No. 153.] After full consideration and

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discussion, the parties do not believe that a meaningful Settlement Conference can be held this

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soon and schedule conflicts dictate that the deadline be extended and the Settlement Conference

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be rescheduled to the period between November 1 and November 18, 2011.

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2.

Iguaçu does not believe that a productive Settlement Conference can be held until

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completion of discovery currently pending, including production of documents requested from

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Mr. Cabrera and subpoenaed from Archer Daniels Midland Company ( ADM ) in Decatur, Illinois.

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Mr. Cabrera intends to produce responsive documents in mid-August, but Iguacu cannot presently

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determine how much time ADM will require to respond to the subpoena, and expects that the process

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may take several more weeks. Once responsive documents are received, Iguaçu s counsel will

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need to review and analyze them in order to quantify the damage claims and evaluate liability issues.

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3.

Mr. Cabrera is a citizen and resident of Brazil; Ms. Seturam, Iguacu s CEO, is living

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in India to care for her ill mother. As a result, travel and care arrangements for their attendance must

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be made well in advance. It is not feasible for either of them to attend the presently scheduled

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Settlement Conference, and it is unlikely to be successful without their attendance.

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4.

The earliest that Iguacu believes it could be ready to participate in a productive

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Conference would be the last week of September; however, Judge Zimmerman s schedule for that

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week and the first week of November is full, and Mr. Cabrera s counsel has existing schedule

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conflicts throughout the month of October. Therefore, the parties agree that the Conference should be

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JOINT APP. TO EXTEND DEADLINE FOR SCHEDULING AND PARTICIPATING IN FURTHER
SETTLEMENT CONFERENCE AND CONTINUE CMC; [PROPOSED] ORDER; CASE NO. C-09-0380 RS

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held between November 1 and November 18, 2011, so that discovery can be substantially completed,

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and the principals can arrange to attend.

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5.

Wherefore, the parties respectfully request that the deadline for scheduling and

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participating in a further settlement conference with Magistrate Judge Zimmerman be extended to

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November 18, 2011. The parties recognize that they are responsible for scheduling a specific date

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with Judge Zimmerman s chambers and in accordance with his procedures and will plan on

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making those arrangements directly with Judge Zimmerman upon this Court s approval of the

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instant application. The parties are currently in the process of choosing a date that is mutually

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agreeable.

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The parties further request that the Case Management Conference currently

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scheduled for October 13, 2011 be continued to the second week in December after the parties

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participate in the settlement conference with Judge Zimmerman.

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K&L GATES LLP

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Dated: August 5, 2011

By:

/s/ Claudia A. Quiroz
Edward P. Sangster
Claudia A. Quiroz
Attorneys for Defendant ANTONIO
CABRERA MANO FILHO

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SIDEMAN & BANCROFT, LLP

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Dated: August 5, 2011

By:

/s/ Robert R. Cross
Robert R. Cross
Attorney for Plaintiff IGUACU, INC.

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JOINT APP. TO EXTEND DEADLINE FOR SCHEDULING AND PARTICIPATING IN FURTHER
SETTLEMENT CONFERENCE AND CONTINUE CMC; [PROPOSED] ORDER; CASE NO. C-09-0380 RS

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ECF ATTESTATION

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I, Claudia A. Quiroz, attest that concurrence in e-filing this JOINT APPLICATION TO

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EXTEND THE DEADLINE FOR SCHEDULING AND PARTICIPATING IN A

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FURTHER SETTLEMENT CONFERENCE AND TO CONTINUE THE CASE

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MANAGEMENT CONFERENCE; [PROPOSED] ORDER has been obtained from signatory

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Robert R. Cross, in compliance with General Order 45, X.B.

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K&L GATES LLP

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Dated: August 5, 2011

By:

/s/ Claudia A. Quiroz
Claudia A. Quiroz

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[PROPOSED] ORDER
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FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED that the deadline for

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scheduling and participating in a further settlement conference with Magistrate Judge Zimmerman

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shall be extended to November 18, 2011.

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IT IS FURTHER ORDERED that the Case Management Conference currently scheduled

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for October 13, 2011 be continued to December _____, 2011.
IT IS SO ORDERED.

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8/5
Dated: ____________________, 2011

_________________________________
Honorable Richard Seeborg
United States District Judge

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JOINT APP. TO EXTEND DEADLINE FOR SCHEDULING AND PARTICIPATING IN FURTHER
SETTLEMENT CONFERENCE AND CONTINUE CMC; [PROPOSED] ORDER; CASE NO. C-09-0380 RS