Nork et al v. Designed Cookies, Inc.

Filing 86

ORDER Continuing CMC re 84 Stipulation filed by Baker's Bouquet, Deborah Nork Initial Case Management Conference set for 8/20/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 6/28/2010. (be, COURT STAFF) (Filed on 6/29/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT ZARCO, ESQ. (Fla. State Bar No. 502138) HIMANSHU M. PATEL, ESQ. (Fla. State Bar No. 0167233) ZARCO EINHORN SALKOWSKI & BRITO, P.A. (Admitted pro hac vice) 100 S.E. 2nd Street, Suite 2700 Miami, Florida 33131 Telephone: (305) 374-5418 Facsimile: (305) 374-5428 hpatel@zarcolaw.com ANGEL GOMEZ (State Bar No. 74476) ANDREW SOMMER (State Bar No. 192844) EPSTEIN BECKER & GREEN, P.C. One California Street, 26th Floor San Francisco, California 94111-5427 Telephone: 415.399.6036 Facsimile: 415.398.0955 asommer@ebglaw.com Attorneys for Plaintiffs DEBORAH NORK and BAKER'S BOUQUET UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DEBORAH NORK and BAKER'S BOUQUET, Plaintiffs, vs. DESIGNED COOKIES, INC., Defendant. No. CV 09-5336 CRB STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE Current Initial Case Management Conference Date: July 2, 2010 at 8:30 a.m. in Courtroom 8 Proposed New Initial Case Management Conference Date: August 13, 2010 at 8:30 a.m. in Courtroom 8 The Honorable Charles R. Breyer Pursuant to Civil Local Rules 6-1(b) and 6-2 of the United States District Court for the Northern District of California, Plaintiffs Deborah Nork and Baker's Bouquet ("Plaintiffs") and Defendant Designed Cookies, Inc. ("DCI"), by and through their respective counsel, hereby stipulate and agree to the following: Case No. CV 09-5336 CRB -1Stipulation To Continue Rule 26(f) Conference 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On May 10, 2010, and pursuant to a Stipulation filed by the parties, the Court entered an Order Continuing Initial Case Management Conference and ADR Deadlines in the abovereferenced matter. See D.E. #71. The Court continued the Case Management Conference from May 28, 2010 to July 2, 2010 at 8:30 a.m. In addition, the Court put the following deadlines in place: Deadline Last day to: meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; file ADR Certification signed by Parties and Counsel; June 7, 2010 file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement Initial Case Management Conference June 25, 2010 July 2, 2010 at 8:30 a.m. in Courtroom 8 On June 7, 2010, and consistent with the Court's Order dated May 10, 2010, the parties' respective counsel engaged in a meet and confer re: initial disclosures, early settlement, ADR process selection and a discovery plan in this case. The parties also filed a Stipulation and proposed Order Selecting ADR Process. See D.E. #78. As the parties' respective counsel previously advised the Court, Plaintiff Deborah Nork had been engaged in settlement discussions with DCI. Plaintiff Nork and DCI have now agreed to a resolution of their respective claims against each other. Simultaneous herewith, the parties have filed a dismissal of their respective claims against each other. On June 11, 2010, DCI filed its Answer and Counterclaim in this matter. See D.E. #80. In its Answer, DCI indicated that it did not intend to renew Baker's Bouquet, Inc.'s franchise agreement at this time. See D.E. #80, p. 12. The parties' respective principals are currently in Case No. CV 09-5336 CRB -2Stipulation To Continue Rule 26(f) Conference 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the process of discussing Baker's Bouquet's current status as a franchisee of DCI and possibly a resolution of their grievances against each other. Thus, in the interests of judicial economy, to preserve the parties' resources, and to facilitate settlement discussions between Baker's Bouquet and DCI, the Parties respectfully request that the Court continue the deadline to file the Rule 26(f) Report, complete initial disclosures and file the Case Management Statement from June 25, 2010 to July 30, 2010. The remaining Parties also request that the Court continue the Initial Case Management Conference from July 2, 2010 at 8:30 a.m. to August 13, 2010 at 8:30 a.m. WHEREFORE, Plaintiffs, DEBORAH NORK and BAKER's BOUQUET, INC., and Defendant Designed Cookies, Inc. ("DCI"), respectfully request that this Honorable Court enter an Order: (i) granting the instant Stipulation Continuing Case Management Conference; and (ii) granting such other and further relief as this Honorable Court deems just and proper. Respectfully submitted, Dated: June 23, 2010 LOVE & ASSOCIATES By: /s/ Kristen L. Williams KRISTEN L. WILLIAMS Attorneys for Defendant DESIGNED COOKIES, INC. Dated: June 23, 2010 ZARCO EINHORN SALKOWSKI & BRITO, P.A. By: /s/ Himanshu M. Patel HIMANSHU M. PATEL Attorneys for Plaintiffs DEBORAH NORK and BAKER'S BOUQUET ATTESTATION CLAUSE I attest under penalty of perjury that the concurrence in the filing of this document has been obtained from its signatories. By: /s/ Himanshu M. Patel________________ HIMANSHU M. PATEL Case No. CV 09-5336 CRB -3Stipulation To Continue Rule 26(f) Conference 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Last day to: 1. DECLARATION OF HIMANSHU M. PATEL I, Himanshu M. Patel, declare as follows: I am an attorney at law duly admitted to practice before this Court and am a Partner with the law firm of Zarco Einhorn Salkowski & Brito, P.A., attorneys of record for Plaintiffs in this action. I make this declaration in support of the instant Stipulation and [Proposed] Order Continuing Initial Case Management Conference. I have personal knowledge of the matters set forth herein and could competently testify to them if called upon to do so. 2. On May 10, 2010, and pursuant to a Stipulation filed by the parties, the Court entered an Order Continuing Initial Case Management Conference and ADR Deadlines in the above-referenced matter. See D.E. #71. The Court continued the Case Management Conference from May 28, 2010 to July 2, 2010 at 8:30 a.m. In addition, the Court put the following deadlines in place: Deadline June 7, 2010 meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plan; file ADR Certification signed by Parties and Counsel; file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement Initial Case Management Conference 3. June 25, 2010 July 2, 2010 at 8:30 a.m. in Courtroom 8 On June 7, 2010, and consistent with the Court's Order dated May 10, 2010, the parties' respective counsel engaged in a meet and confer re: initial disclosures, early settlement, ADR process selection and a discovery plan in this case. The parties also filed a Stipulation and proposed Order Selecting ADR Process. See D.E. #78. Case No. CV 09-5336 CRB -4Stipulation To Continue Rule 26(f) Conference 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. As the parties' respective counsel previously advised the Court, Plaintiff Deborah Nork, through counsel, has been engaged in settlement discussions with DCI. Plaintiff Nork and DCI have now agreed to a resolution of their respective claims against each other. Simultaneous herewith, the parties have filed a dismissal of their respective claims against each other. 5. On June 11, 2010, DCI filed its Answer and Counterclaim in this matter. See D.E. #80. In its Answer, DCI indicated that it did not intend to renew Baker's Bouquet, Inc.'s franchise agreement at this time. See D.E. #80, p. 12. It is my understanding that the parties' respective principals are currently in the process of discussing Baker's Bouquet's current status as a franchisee of DCI and possibly a resolution of their grievances against each other. 6. Thus, in the interests of judicial economy, to preserve the parties' resources, and to facilitate settlement discussions between Baker's Bouquet and DCI, the Parties respectfully request that the Court continue the deadline to file the Rule 26(f) Report, complete initial disclosures and file the Case Management Statement from June 25, 2010 to July 30, 2010. The remaining Parties also request that the Court continue the Initial Case Management Conference from July 2, 2010 at 8:30 a.m. to August 13, 2010 at 8:30 a.m. 7. This is the fourth (4th) stipulation to modify the schedule set by the Order Setting Initial Case Management Conference And ADR Deadlines [D.E. #3] and the Clerk's Notice dated December 16, 2009 [D.E. #18]. The Parties request the extension not for delay but so that they may attempt to resolve the grievances between the last remaining Plaintiff and DCI and, thereby, reduce the expense to all parties. I declare under penalty of perjury that the foregoing is true and correct. Executed this 23rd day of June 2010 in Miami, Miami-Dade County, Florida. By:___/s/ Himanshu M. Patel________________ HIMANSHU M. PATEL Case No. CV 09-5336 CRB -5Stipulation To Continue Rule 26(f) Conference 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. CV 09-5336 CRB [PROPOSED] ORDER Pursuant to the parties' stipulation and Local Rule 6-1(b) and 6-2 and good cause appearing, it is hereby ordered that the remaining deadlines set forth in the Stipulation And Order Continuing Case Management Conference And ADR Deadlines shall be continued so that the following deadlines apply: Deadline Last day to file Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) Report and file Case Management Statement Initial Case Management Conference July 30, 2010 August 13, 2010 at 8:30 a.m. in 20 Courtroom 8 IT IS SO ORDERED. UNIT ED THE HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT COURT JUDGE ED S Dated: June 28, 2010 S DISTRICT TE C TA _______________________________________________ RT U O ER N F D IS T IC T O R -6Stipulation To Continue Rule 26(f) Conference A C LI FO harle Judge C s R. Bre yer R NIA OO IT IS S RDER NO RT H

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