Lema v. Marie Callender's Concord #86 et al

Filing 35

STIPULATION AND ORDER AS MODIFIED re 33 STIPULATION WITH PROPOSED ORDER re 27 Order, Set Deadlines/Hearings,, (Stipulation and Proposed Order Requesting Enlargement of Scheduling Order Dates) filed by Neva Lema. Signed by Judge James Ware on 2/8/12. (sis, COURT STAFF) (Filed on 2/8/2012)

9
10

re

mes Wa
Judge Ja

LI

ER

H

8

RT

7

CHARLES H. HORN, ESQ., (No 063362)
[e-mail]
LECLAIRRYAN, LLP
44 Montgomery Street, 18th Floor
San Francisco, CA 94104-4705
TELEPHONE: [phone]
TELEFAX: [phone]

NO

6

R NIA

5

ERED
O ORD D
IT IS S
DIFIE
AS MO

FO

Attorneys for Plaintiff
NEVA LEMA

A

4

S DISTRICT
TE
C
TA

RT
U
O

3

TIMOTHY S. THIMESCH, Esq. (No. 148213)
158 Hilltop Crescent
Walnut Creek, CA 94597-3452
Tel: [phone]

UNIT
ED

2

S

1

N

F
D IS T IC T O
R

C

Attorneys for Defendants MARIO H. CHAN and PATSY W. CHAN

11
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

12
13

JW
CASE NO. CV09-0494-VRW
Civil Rights

NEVA LEMA,

14

Plaintiff,

15

v.

16

MARIE CALLENDER’S CONCORD #86,
et al.,

17

STIPULATION AND [Proposed] ORDER
REQUESTING ENLARGEMENT OF
SCHEDULING ORDER DATES

Defendants.

18

/

19
20

The Parties in this case are attempting to forge a cooperative settlement while managing

21

legal expenses. With the recent Chapter 11 discharge and/or dismissal of all 7 corporate Marie-

22

Callender entities, the case now proceeds solely between Plaintiff and Landlord-Defendants

23

Mario and Patsy Chan.

24

These parties are cooperating. They recently exchanged expert reports and Defendants

25

are considering Plaintiff’s written demand in an effort to dispose of all remaining issues. To

26

increase the chances of settlement while managing costs, the Parties request a short

27

enlargement of approximately 90 days of the following scheduling order dates:

28

////

158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

Stipulation and [Proposed] Order Seeking Enlargement of
Scheduling Order Dates: Case No. CV09-0494-JW

1

Deadline

Current

New

2

Rebuttal Expert Reports

February 10, 2012

May 10, 2012

3

Motions to Exclude Experts
and Portions of
Testimony

February 13, 2012

May 14, 2012

Preliminary Pretrial Conf.
Stmts

February 17, 2012

May 17, 2012 March 30, 2012

Prelim. Pretrial Conference

Tues., Feb. 27, 2012, 11 AM

April 9, 2012 @ 11:00 am
Tues., May 29, 2012, 11 AM

Hearing on Motions to
Exclude Experts and
Portion of Testimony

March 19, 2012

June 18, 2012 @ 9:00 am

Discovery Cutoff

March 30, 2012

July 1, 2012 May 11, 2012

Dispositive Motion Hearing
Deadline

May 12, 21012

August 13, 2012
July 9, 2012 @ 9:00 am

4
5
6
7
8
9
10
11
12

SO STIPULATED.

13
14

Dated: February 7, 2012

TIMOTHY S. THIMESCH
THIMESCH LAW OFFICE

15
/s/ Authorized Signed
Attorneys for Plaintiff
NEVA LEMA

16
17
18

Dated: February 7, 2012

CHARLES H. HORN, ESQ.,
LECLAIRRYAN, LLP

19
/s/ Authorized Signed
Attorneys for Defendants
MARIO H. CHAN; and PATSY W. CHAN

20
21

ORDER

22
23

SO ORDERED.

24
25

.

26
27
28
158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

Dated: February 8, 2012
HON. JAMES WARE
U.S. DISTRICT COURT PRESIDING JUDGE
Stipulation and [Proposed] Order Seeking Enlargement of
Scheduling Order Dates: Case No. CV09-0494-JW

—2—