Nork et al v. Designed Cookies, Inc.

Filing 92

ORDER continuing ICMC re 91 Stipulation filed by Baker's Bouquet Initial Case Management Conference set for 9/10/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco.. Signed by Judge Charles R. Breyer on 8/2/2010. (be, COURT STAFF) (Filed on 8/2/2010)

Nork et al v. Designed Cookies, Inc.

Doc. 92

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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: [phone] Facsimile: [phone] [e-mail] 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: [phone] Facsimile: 415.398.0955 [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DEBORAH NORK, LEE ROBERTS and BAKER'S BOUQUET, Plaintiffs, vs. DESIGNED COOKIES, INC., Defendants. No. CV 09-5336 CRB STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT CONFERENCE Current Initial Case Management Conference Date: August 20, 2010 at 8:30 a.m. in Courtroom 8 Proposed New Initial Case Management Conference Date: September 10, 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, Plaintiff, Baker's Bouquet ("Baker's") 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

Dockets.Justia.com

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On June 29, 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. #86. While the parties had requested that the Case Management Conference be continued from July 2, 2010 at 8:30 a.m. to August 13, 2010 at 8:30 a.m., the Court, in fact, continued the Case Management Conference to August 20, 2010 at 8:30 a.m. See D.E. #86. In addition, the Court required the parties to file their Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) report and file Case Management Statement by July 30, 2010. See D.E. #86. Simultaneous herewith, and consistent with the Court's Order dated June 29, 2010, the sole remaining Plaintiff, Baker's, and DCI are filing their Joint Case Management Conference Statement.1 Baker's and DCI's respective principals have reached out to each other to discuss Baker's current status as a franchisee of DCI and a potential resolution of their grievances against each other. In addition, during the period from August 14, 2010 through August 29, 2010, Baker's counsel, Himanshu M. Patel, Esq., is going to be out of the country on his honeymoon. Based on the foregoing conflict of Baker's counsel, and in the interests of judicial economy, to preserve the parties' resources, and to facilitate continued settlement discussions between Baker's and DCI, the Parties respectfully request that the Court continue the Initial Case Management Conference from August 20, 2010 at 8:30 a.m. to September 10, 2010 at 8:30 a.m. WHEREFORE, Plaintiff, BAKER's BOUQUET, INC., and Defendant, DESIGNED COOKIES, INC., respectfully request that this Honorable Court enter an Order: (i) granting the instant Stipulation Continuing Initial Case Management Conference; and (ii) granting such other

On June 24, 2010, Plaintiff Deborah Nork and DCI filed a Stipulation and [Proposed] Order of Dismissal without Prejudice pursuant to which they resolved their differences. See D.E. #83. On June 28, 2010, the Court entered an Order of Dismissal without Prejudice. See D.E. #85. Case No. CV 09-5336 CRB -2Stipulation To Continue Rule 26(f) Conference

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and further relief as this Honorable Court deems just and proper. Respectfully submitted, Dated: July 30, 2010 ZARCO EINHORN SALKOWSKI & BRITO, P.A. By:__/s/ Himanshu M. Patel_______ HIMANSHU M. PATEL Attorneys for Plaintiff Dated: July 30, 2010 LOVE & ASSOCIATES By:__/s/ Kristen L. Williams KRISTEN L. WILLIAMS Attorneys for Defendant 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

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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 June 29, 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. #86. While the parties had requested that the Case

Management Conference be continued from July 2, 2010 at 8:30 a.m. to August 13, 2010 at 8:30 a.m., the Court, in fact, continued the Case Management Conference to August 20, 2010 at 8:30 a.m. See D.E. #86. In addition, the Court required the parties to file their Rule 26(f) Report, complete initial disclosures or state objection in Rule 26(f) report and file Case Management Statement by July 30, 2010. See D.E. #86. 3. Simultaneous herewith, and consistent with the Court's Order dated June 29, 2010,

the sole remaining Plaintiff, Baker's, and DCI are filing their Joint Case Management Conference Statement. It is my understanding that Baker's and DCI's respective principals have attempted to make contact with one another to discuss Baker's current status as a franchisee of DCI, as well as perhaps to discuss a potential resolution of their grievances. 4. In addition, during the period from August 14, 2010 through August 29, 2010, the

undersigned is going to be out of the country on his honeymoon. 5. Based on the foregoing conflict, and in the interests of judicial economy, to

preserve the parties' resources, and to facilitate continued discussions between Baker's and DCI, the Parties respectfully request that the Court continue the Initial Case Management Conference from August 20, 2010 at 8:30 a.m. to September 10, 2010 at 8:30 a.m.

Case No. CV 09-5336 CRB

-4Stipulation To Continue Rule 26(f) Conference

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6.

This is the fifth (5th) 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 30th day of July 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

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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 Initial Case Management Conference shall be continued from August 20, 2010 at 8:30 a.m. to September 10, 2010 at 8:30 a.m. IT IS SO ORDERED.

Dated: August 02 , 2010

S DISTRICT TE C TA _______________________________________________

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THE HONORABLE CHARLES R. BREYER UNITED STATES DISTRICT COURT JUDGE RED

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-6Stipulation To Continue Rule 26(f) Conference

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