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)

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Case3:09-cv-04939-JSW Document98 Filed04/08/13 Page1 of 3 1 2 3 4 5 6 7 8 9 10 PROFESSIONAL CORPORATION ANDRADA & ASSOCIATES 11 12 13 14 SEYFARTH SHAW LLP Francis J. Ortman (SBN 213202) fortman@seyfarth.com Ari Hersher (SBN 260321) ahersher@seyfarth.com Matthew J. Mason (SBN 271344) mmason@seyfarth.com Courtney K. Bohl (SBN 278812) cbohl@seyfarth.com 560 Mission Street, 31st Floor San Francisco, California 94105 Telephone: (415) 397-2823 Facsimile: (415) 397-8549 Attorneys for Plaintiff JOHN TIMOTHY PEREZ J. RANDALL ANDRADA (SBN 70000) randrada@andradalaw.com MATTHEW W. ROMAN (SBN 267717) mroman@andradalaw.com ANDRADA & ASSOCIATES PROFESSIONAL CORPORATION 180 Grand Avenue, Suite 225 Oakland, California 94612 Tel.: (510) 287-4160 Fax: (510) 287-4161 Attorney for Defendant DUC NGUYEN, M.D. UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 18 JOHN TIMOTHY PEREZ, JOINT STIPULATION AND MOTION TO CONTINUE THE SETTLEMENT CONFERENCE BEFORE MAGISTRATE JUDGE WESTMORE; [PROPOSED] ORDER Plaintiff, 19 20 Case No.: 3:09-cv-04939-JSW v. D. NGUYEN, et al. 21 Defendants. 22 Pursuant Civil Local Rule 7-12 of the United States District Court for the Northern District of 23 24 California, the Parties to the above entitled action, Dr. Duc Nguyen (“Defendant”) and John 25 Timothy Perez (“Plaintiff”) (collectively referred to as the “Parties”), by and through their 26 undersigned counsel, hereby stipulate and agree as follows: 27 /// 28 /// 1 {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 1 2 3 4 5 6 7 8 9 10 PROFESSIONAL CORPORATION ANDRADA & ASSOCIATES 11 12 13 14 15 16 17 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. 18 19 DATED: April 8, 2013 SEYFARTH SHAW LLP 20 By 21 22 23 /s/ Francis Ortman Francis Ortman, Esq. Ari Hersher, Esq. Matthew Mason, Esq. Attorneys for Plaintiff John Timothy Perez 24 25 26 Dated: April 8, 2013 ANDRADA & ASSOCIATES 27 By 28 2 {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: 1 2 3 The deadline by which a Settlement Conference must be completed, currently set for April 25, 2013 is hereby continued until June 30, 2013. 4 IT IS SO ORDERED. 5 6 7 April 8, 2013 Dated: _________________ ____________________________________ JEFFREY S. WHITE United States District Judge 8 9 10 PROFESSIONAL CORPORATION ANDRADA & ASSOCIATES 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 15429847v.1 28 3 {00090256.DOC/}DOC 0866 JOINT STIPULATION AND ORDER Perez v. Nguyen, et al. 3:09-cv-04939-JSW

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