Cornejo v. Spenger's Fresh Fish Grotto et al

Filing 31

STIPULATION AND ORDER extending time to 5/5/2010 to resolve issue of signature; Signed by Judge Marilyn Hall Patel on 4/22/2010. (awb, COURT STAFF) (Filed on 4/22/2010)

1 Michele Ballard Miller (SBN 104198) [e-mail] 2 Janine S. Simerly (SBN 102361) [e-mail] 3 Claudia J. Castillo (SBN 215603) [e-mail] 4 MILLER LAW GROUP A Professional Corporation 5 111 Sutter Street, Suite 700 San Francisco, CA 94104 6 Tel. [phone] Fax [phone] Attorneys for Defendant 8 McCORMICK & SCHMICK RESTAURANT CORP. (also erroneously sued as "SPENGER'S 9 FRESH FISH GROTTO") 10 11 Robert Salinas (SBN 184260) [e-mail] Jorge Aguilar II (SBN 238111) 12 [e-mail] SUNDEEN SALINAS & PYLE 13 1330 Broadway Street, Suite 1830 Oakland, CA 94612 14 Tel. [phone] Fax [phone] Attorneys for Plaintiff 16 IVAN CORNEJO 17 18 19 20 21 22 23 v. 24 SPENGER'S FRESH FISH GROTTO, 25 MCCORMICK AND SCHMICK RESTAURANT CORP., and DOES 1-10, 26 27 28 Defendants.
1 STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE FOR DETERMINATION OF AUTHENTICITY OF SIGNATURE ON AGREEMENT Case No.: C 09-05564 MHP

A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

MILLER LAW GROUP

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

IVAN CORNEJO, Plaintiff,

Case No.: C 09-05564 MHP STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE ON INSPECTION BY HANDWRITING EXPERT

Complaint filed: October 22, 2009

1

Plaintiff IVAN CORNEJO ("Plaintiff") and Defendant McCORMICK &

2 SCHMICK RESTAURANT CORP. (also erroneously sued as "SPENGER'S FRESH FISH 3 GROTTO") ("Defendant"), by and through their respective undersigned attorneys, hereby 4 stipulate and agree to continue the date of the Court's Order requiring the parties to resolve 5 the issue of the authenticity of Plaintiff's signature on the Agreement to Arbitrate Disputes 6 dated June 15, 2006 ("Agreement") and submitted to the Court by Defendants in support of 7 Defendant's Motion to Compel Arbitration, as set forth below. 8 9 WHEREAS, on March 8, 2010, the Court conducted a hearing on Defendant's

10 Motion to Compel Arbitration, and Plaintiff contested the authenticity of the signature on the 11 Agreement; 12 13
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

WHEREAS on March 8, 2010, the Court filed its Order After Hearing, requiring

MILLER LAW GROUP

14 the parties to resolve the issue of the authenticity of Plaintiff's signature on the Agreement 15 within 45 days; 16 17 WHEREAS, on April 2, 2010 the parties stipulated that the issue of the

18 authenticity of Plaintiff's signature on the Agreement would not be submitted to a 19 handwriting expert until after this matter is mediated; 20 21 WHEREAS, the mediation in this matter is scheduled for April 27, 2010 and

22 the parties wish to attempt to settle this matter prior to incurring the expense of a 23 handwriting expert; 24 25 WHEREAS, the parties have agreed on a handwriting expert to retain for the

26 purposes of settling the issue of the authenticity of Plaintiff's signature on the Agreement; 27 28
2 STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE FOR DETERMINATION OF AUTHENTICITY OF SIGNATURE ON AGREEMENT Case No.: C 09-05564 MHP

1 2 3

NOW, THEREFORE,

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff and

4 Defendant, by and through their respective undersigned attorneys of record, to continue the 5 date set by the Court for settling the issue of the authenticity of Plaintiff's signature on the 6 Agreement, from April 22, 2010 (45 days after the March 8, 2010 Order) to May 5, 2010: 7 8 Good cause exists for this continuance of the existing date by which to settle

9 the issue of the authenticity of Plaintiff's signature on the Agreement, as set forth above. 10 11 12 13 Dated: April 21, 2010
A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

IT IS SO STIPULATED. SUNDEEN SALINAS & PYLE

MILLER LAW GROUP

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3 STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATE FOR DETERMINATION OF AUTHENTICITY OF SIGNATURE ON AGREEMENT Case No.: C 09-05564 MHP

By:

/s/ Jorge Aguilar II Attorneys for Plaintiff IVAN CORNEJO

Dated: April 21, 2010

MILLER LAW GROUP A Professional Corporation

By:

/s/ Janine S. Simerly Attorneys for Defendant McCORMICK & SCHMICK RESTAURANT CORP. (also erroneously sued as "SPENGER'S FRESH FISH GROTTO")

1 2 3

ORDER

Having reviewed the Stipulation executed by Plaintiff IVAN CORNEJO and

4 Defendant McCORMICK & SCHMICK RESTAURANT CORP., and good cause appearing, 5 the Court hereby orders that the parties resolve the issue of the authenticity of Plaintiff's 6 signature on the Agreement by May 5, 2010. 7 8 9 PURSUANT TO STIPULATION, IT IS SO ORDERED.

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A PROFESSIONAL CORPORATION SAN FRANCISCO, CALIFORNIA

MILLER LAW GROUP

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The Honorable Marilyn H. Patel D RDERE United States District Court Judge IS SO O T

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10 Dated:

4/22/2010

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