Juarez et al v. Jani-King of California, Inc. et al

Filing 167

ORDER denying stipulation to continue trial. Signed by Judge Samuel Conti on 1/12/12. (tdm, COURT STAFF) (Filed on 1/12/2012)

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JAMES C. STURDEVANT (SBN 94551)
([e-mail])
THE STURDEVANT LAW FIRM
A Professional Corporation
354 Pine Street, Fourth Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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MARK TALAMANTES (SBN 187961)
([e-mail])
JENNIFER A. REISCH (SBN 223671)
([e-mail])
TALAMANTES/VILLEGAS/CARRERA, LLP
170 Columbus Avenue, Suite 300
San Francisco, CA 94133
Telephone: [phone]
Facsimile: [phone]

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MONIQUE OLIVIER (SBN 190385)
([e-mail])
DUCKWORTH PETERS LEBOWITZ OLIVIER LLP
235 Montgomery St., Suite 1010
San Francisco, CA 94104
Telephone:[phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
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(ADDITIONAL COUNSEL LISTED ON LAST PAGE)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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ALEJANDRO JUAREZ, et al.,

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Plaintiffs,

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v.

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Case No.: CV09-03495 SC
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE TRIAL DATE

JANI-KING OF CALIFORNIA, INC., a
Texas Corporation, et al.,

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Defendants.
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Complaint filed:
Trial Date:

June 22, 2009
March 12, 2012

AND RELATED COUNTERCLAIM

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE; CASE NO. CV 09-03495 SC

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Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiffs Alejandro Juarez, Maria Juarez, and

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Maria Portillo (“Plaintiffs”) and Defendants Jani-King of California, Inc., Jani-King, Inc., and Jani-

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King International, Inc. (“Defendants”), hereby state as follows:

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1.

The trial in this matter originally was scheduled for February 13, 2012.

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2.

On December 22, 2011, Defendants moved to continue the trial until 45 days after the

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Court decides the pending motion for summary judgment. (Dkt. No. 155). Plaintiffs opposed the

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motion, noting that they were available for trial on February 13, 2012 and that their counsel had

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other trial commitments throughout the first half of 2012. (Dkt. No. 160 at 2). In Attorney Monique

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Olivier’s declaration, she stated as follows:

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Plaintiffs’ counsel have trials scheduled in other cases throughout the first half of 2012.
Jennifer Reisch has a trial that is scheduled to begin on March 26, 2012 and another trial that
is tentatively scheduled to begin in April 2012. Shannon Liss-Riordan and Hillary Schwab
have a trial that is scheduled to begin on March 5, 2012. I have a trial that is scheduled to
begin on April 2, 2012.

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(Decl. of Monique Olivier In Opposition to Motion to Continue Trial Date, Dkt. No. 160-1, at ¶ 12).

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3.

In its Order Continuing Trial (Dkt. No. 162), the Court continued the trial date to

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March 12, 2012. Beginning a trial on that date would pose a significant hardship for Plaintiffs’

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counsel given their other trial commitments, particularly the two other trials scheduled for that

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month, including one scheduled to begin on March 5, 2012 that may continue into the week of

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March 12, 2012.

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4.

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Counsel have conferred to identify the soonest trial date that works for all parties and

their counsel, and have identified May 7, 2012.
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Defendants are prepared to proceed with trial on March 12, but agree to postpone the

trial start date to May 7 as a courtesy to Plaintiffs, given their scheduling conflicts.
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Accordingly, the parties hereby stipulate that the trial be continued to May 7, 2012.

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DATED: January 11, 2012

Respectfully submitted,
THE STURDEVANT LAW FIRM
A Professional Corporation

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TALAMANTES/VILLEGAS/CARRERA, LLP

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE; CASE NO. CV 09-03495 SC

DUCKWORTH PETERS LEBOWITZ
OLIVIER LLP

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LICHTEN & LISS-RIORDAN, P.C.

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/s/ Monique Olivier
Monique Olivier
Attorneys for Plaintiffs

By:

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FAEGRE & BENSON, LLP

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/s/ Eileen M. Hunter
Eileen M. Hunter
Kerry L. Bundy
Aaron von Oort
Attorneys for Defendants

By:

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BARTKO, ZANKEL, TARRANT & MILLER

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/s/ Benjamin K. Riley
Benjamin K. Riley
Attorneys for Defendants

By:

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[PROPOSED] ORDER

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Pursuant to the Stipulation above, the Order Continuing Trial (Dkt. No. 162) is modified to

S

_____________________________
The Honorable Samuel Continti
o
amuel C
UNITED STATES DISTRICT COURT
Judge S

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H

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FO

NO

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D

DENIE

R NIA

1/12/12
Dated: _______________________

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IT IS SO ORDERED.

S DISTRICT
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C
TA

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U
O

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schedule the trial for May 7, 2012.
UNIT
ED

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N

F
D IS T IC T O
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C

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ATTESTATION

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I, Monique Olivier, am the ECF user whose ID and password are being used to file this

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Stipulation and [Proposed] Order Continuing Trial. In compliance with General Order 45, I hereby

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attest that Eileen M. Hunter, Kerry L. Bundy, Aaron von Oort, and Benjamin Riley, counsel for

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Defendants, have concurred in this filing

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Dated: January 11, 2012

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/s/ Monique Olivier
Monique Olivier
Counsel for Plaintiffs

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE; CASE NO. CV 09-03495 SC

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ADDITIONAL COUNSEL FOR PLAINTIFFS
SHANNON LISS-RIORDAN (Pro Hac Vice)
([e-mail])
HILLARY SCHWAB (Pro Hac Vice)
([e-mail])
LICHTEN & LISS-RIORDAN, P.C.
100 Cambridge Street, 20th Floor
Boston, MA 02114
Telephone: [phone]
Facsimile: [phone]

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STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE; CASE NO. CV 09-03495 SC