Perez v. Nguyen et al

Filing 99

ORDER GRANTING 98 STIPULATION TO CONTINUE THE SETTLEMENT CONFERENCE. Signed by Judge Jeffrey S. White on 4/8/13. (jjoS, COURT STAFF) (Filed on 4/8/2013)

Case3:09-cv-04939-JSW Document98 Filed04/08/13 Page1 of 3

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PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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SEYFARTH SHAW LLP
Francis J. Ortman (SBN 213202) [e-mail]
Ari Hersher (SBN 260321) [e-mail]
Matthew J. Mason (SBN 271344) [e-mail]
Courtney K. Bohl (SBN 278812) [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JOHN TIMOTHY PEREZ
J. RANDALL ANDRADA (SBN 70000)
[e-mail]
MATTHEW W. ROMAN (SBN 267717)
[e-mail]
ANDRADA & ASSOCIATES
PROFESSIONAL CORPORATION
180 Grand Avenue, Suite 225
Oakland, California 94612
Tel.: [phone]
Fax: [phone]
Attorney for Defendant
DUC NGUYEN, M.D.
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN TIMOTHY PEREZ,

JOINT STIPULATION AND MOTION
TO CONTINUE THE SETTLEMENT
CONFERENCE BEFORE MAGISTRATE
JUDGE WESTMORE; [PROPOSED]
ORDER

Plaintiff,

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Case No.: 3:09-cv-04939-JSW

v.
D. NGUYEN, et al.

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Defendants.

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Pursuant Civil Local Rule 7-12 of the United States District Court for the Northern District of

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California, the Parties to the above entitled action, Dr. Duc Nguyen (“Defendant”) and John

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Timothy Perez (“Plaintiff”) (collectively referred to as the “Parties”), by and through their

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undersigned counsel, hereby stipulate and agree as follows:

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{00090256.DOC/}DOC 0866

JOINT STIPULATION AND ORDER

Perez v. Nguyen,

et al.

3:09-cv-04939-JSW

Case3:09-cv-04939-JSW Document98 Filed04/08/13 Page2 of 3

WHEREAS, on January 31, 2013, Magistrate Judge Kandis A. Westmore noticed a

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PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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Settlement Conference to occur on April 15, 2013 at 10:00 a.m.;
WHEREAS, on February 19, 2013, the Court issued an order referring the parties to a
randomly assigned Magistrate Judge to conduct a settlement conference to be completed by April 25,
2013;
WHEREAS, Defendant is unavailable to be deposed until May 2013, due to personal and
professional conflicts;
WHEREAS, Plaintiff does not believe that a Settlement Conference will be productive
without first conducting the deposition and reviewing the testimony of Dr. Nguyen
WHEREAS, Defendant has noticed the deposition of Plaintiff for April 25, 2013;
WHEREAS, Defendant believes that the case has a greater likelihood of settling after it has
conduct the deposition of Plaintiff;
WHEREAS, both Parties agree to continue the deadline to conduct a settlement conference,
until after Plaintiff and Defendant have been deposed, based on the shared belief that such discovery
is necessary for the Parties to adequately evaluate their cases and to facilitate potential settlement;
THEREFORE, THE PARTIES HERETO STIPULATE AND RESPECTFULLY
REQUEST THAT THE COURT ORDER that the deadline by which a Settlement Conference
must be completed, currently set for April 25, 2013 be continued until June 30, 2013.

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DATED: April 8, 2013

SEYFARTH SHAW LLP

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By

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/s/ Francis Ortman
Francis Ortman, Esq.
Ari Hersher, Esq.
Matthew Mason, Esq.

Attorneys for Plaintiff
John Timothy Perez

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Dated: April 8, 2013

ANDRADA & ASSOCIATES

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By

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{00090256.DOC/}DOC 0866

JOINT STIPULATION AND ORDER

/s/ Matthew W. Roman
MATTHEW W. ROMAN
Attorney for Defendant
DUC NGUYEN, M.D.
Perez v. Nguyen,

et al.

3:09-cv-04939-JSW

Case3:09-cv-04939-JSW Document98 Filed04/08/13 Page3 of 3

PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS:

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The deadline by which a Settlement Conference must be completed, currently set for April
25, 2013 is hereby continued until June 30, 2013.

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IT IS SO ORDERED.

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April 8, 2013
Dated: _________________

____________________________________
JEFFREY S. WHITE
United States District Judge

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PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

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15429847v.1
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{00090256.DOC/}DOC 0866

JOINT STIPULATION AND ORDER

Perez v. Nguyen,

et al.

3:09-cv-04939-JSW