Watson et al v. Soldado Corporation et al

Filing 25

STIPULATION AND ORDER RESETTING CMC re 23 Stipulation filed by Cash Flow Financial LLC. Signed by Judge Edward M. Chen on 8/13/10. (bpf, COURT STAFF) (Filed on 8/13/2010)

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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 Edward F. Mitchell (California State Bar # 135557) LAW OFFICES OF EDWARD F. MITCHELL 1750 Montgomery Street San Francisco, California 94111 (415) 265-4220 DIRECT (415) 954-8517 RECEPTION (415) 449-3562 FAX EFMLawSF@juno.com E-MAIL Attorneys for plaintiffs ALAN J. WATSON; CASH FLOW FINANCIAL, LLC, a Michigan limited liability company; GALVESTON MATRIX DIVERSIFIED TRUST, an Ohio business trust; and DAVID F. KLIMA, individually and in his capacity as Trustee of Galveston Matrix Diversified Trust UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ALAN J. WATSON; CASH FLOW ) FINANCIAL, LLC, a Michigan limited ) liability company; GALVESTON MATRIX ) DIVERSIFIED TRUST, an Ohio business ) trust; and DAVID F. KLIMA, individually ) and in his capacity as Trustee of Galveston ) ) Matrix Diversified Trust, ) ) ) Plaintiffs, ) ) v. ) SOLDADO CORPORATION, a California ) corporation; GABRIEL GONZALES, JR.; ) JC FUNDING SOLUTIONS, INC. a Min- ) ) nesota corporation; JOSE ISRAEL ) CASTILLO ROBLES; BRIAN J. ENGEL; ) BJE, INC., a Minnesota corporation; ) ) and DOES 1 through 10, inclusive, ) ) ) Defendants. ) ) Case No. CV-10-1394-(EMC) STIPULATION AND [PROPOSED] ORDER RE JOINT APPLICATION FOR CONTINUANCE OF DEADLINE FOR FILING OF F. R. Civ. P. 26(f) REPORT AND CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE DATE: TIME: ROOM: AUGUST 25, 2010 1:30 PM COURTROOM C 15TH FLOOR STIPULATION AND ORDER RE JOINT APPLICATION FOR CONTINUANCE OF DEADLINE FOR FILING OF F. R. Civ. P. RULE 26(f) REPORT AND CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Counsel for plaintiffs ALAN J. WATSON; CASH FLOW FINANCIAL, LLC, a Michigan limited liability company; GALVESTON MATRIX DIVERSIFIED TRUST, an Ohio business trust; and DAVID F. KLIMA, individually and in his capacity as Trustee of Galveston Matrix Diversified Trust, and counsel for defendants SOLDADO CORPORATION, a California corporation (Soldado) and GABRIEL GONZALEZ, JR. (Gonzalez), hereby stipulate and agree, and jointly apply to the Court for an order approving their stipulation, that the Initial Case Management Conference now scheduled for August 25, 2010 be postponed for 45 days, and that the other deadlines set forth in the Court's July 13, 2010 order continuing the Initial Case Management Conference be postponed in relation to the new Initial Case Management Conference date to be set by the Court. As grounds for this stipulation and joint application for a continuance, the parties (as indicated) state the following: 1. The stipulating parties earlier applied once for a continuance of the initial CMC, which request was granted July 13, 2010. No party otherwise has applied for any extension of time on any subject. 2. The stipulating parties have filed consent to the assignment of this action to Magistrate Judge Edward M. Chen for all purposes, and wish to proceed before him. Defendants Brian J. Engel and BJE, Inc. (in the form of a letter to the Court that is in the answer of an answer dated July 30, 2010), and defendants JC Funding Solutions, Inc. and Jose Israel Castillo Robles (in the form 23 24 25 26 27 28 STIPULATION AND ORDER RE JOINT APPLICATION FOR CONTINUANCE OF DEADLINE FOR FILING OF F. R. Civ. P. RULE 26(f) REPORT AND CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE Page 2 of a letter to the Court dated August 2, 2010 requesting additional time to respond to the complaint) have not as of yet consented to the assignment of this action to Judge Chen for all purposes. The stipulating parties seek additional 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 5. 4. 3. time before the scheduled initial CMC so that these newly-appearing defendants may have time to respond to inquiries/initiatives from the Court seeking their consent to appear before Judge Chen so that this case need not be transferred to an already-confirmed Article III Judge. The parties have not yet been able to confer effectively regarding initial disclosures, early settlement, and discovery plans, or to submit a meaningful F. R. Civ. P. 26(f) Report because some defendants have not yet responded fully to the complaint. Because of the recent appearances of some defendants, it has not been possible to assess with any reasonable accuracy many of the issues that must be addressed in the parties' JOINT CASE MANAGEMENT STATEMENT, including: potential motions; claims and defenses to be asserted by entering defendants; discovery planning and identification of issues that may require adjudication; and scheduling of pre-trail activities. Defendants Soldado and Gonzalez have provided some informal discovery to plaintiffs, and have indicated that more such informal discovery may be forthcoming, but the parties (both those already appearing and, presumably, those who have been served but not yet entered appearances) need additional time in which to prepare initial disclosures and prepare a proper discovery plan. 23 24 25 26 27 28 STIPULATION AND ORDER RE JOINT APPLICATION FOR CONTINUANCE OF DEADLINE FOR FILING OF F. R. Civ. P. RULE 26(f) REPORT AND CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE Page 3 WHEREFORE plaintiffs and defendants Soldado Corporation and Gabriel Gonzalez, Jr. request a postponement of the currently scheduled Initial Case Management 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 for approximately 45 days, and the postponement of related deadlines so as to properly relate to the new date for the Initial Case Management Conference. A proposed order in the form of an endorsement of this stipulation, in accordance with USDC-NDCA Local Rule 7-12, is provided below. DATED: August 13, 2010 LAW OFFICES OF EDWARD F. MITCHELL s/ Edward F. Mitchell By__________________________________________ EDWARD F. MITCHELL EFMLawSF@juno.com Attorney for plaintiffs DATED: August 13, 2010 BRIAN W. NEWCOMB, ATTORNEY AT LAW s/ Brian W. Newcomb By__________________________________________ BRIAN W. NEWCOMB brianwnewcomb@gmail.com Attorney for defendants SOLDADO CORPORATION, a California corporation; and GABRIEL GONZALEZ, JR. /// STIPULATION AND ORDER RE JOINT APPLICATION FOR CONTINUANCE OF DEADLINE FOR FILING OF F. R. Civ. P. RULE 26(f) REPORT AND CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE Page 4 1 2 3 4 5 6 7 8 9 10 ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. The Initial Case Management Conference is reset for filed by 10/27/10 at 1:30 p. m. A joint CMC statement shall be 10/20/10 . Plaintiff shall serve a copy of this order upon all defendants who are not registered CM/ECF users in this Court. Plaintiffs are ordered to serve a copy of this order upon all defendants immediately. Date: August 13 2010 , 12 13 14 UNIT ED S 11 S DISTRICT TE C TA A 17 18 19 20 21 22 23 24 25 26 27 28 ER N F D IS T IC T O R STIPULATION AND ORDER RE JOINT APPLICATION FOR CONTINUANCE OF DEADLINE FOR FILING OF F. R. Civ. P. RULE 26(f) REPORT AND CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE Page 5 A C LI 16 FO 15 dwar Judge E en d M. Ch R NIA _____________________________________________ ERED EDWARD M. RD S SO O CHEND IT I STATES E UNITED MODIFIMAGISTRATE JUDGE S RT U O NO RT H 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 CERTIFICATE OF SERVICE [WHEN NOT ALL CASE PARTICIPANTS ARE REGISTERED FOR THE USDC-NDCA CM/ECF SYSTEM] I hereby certify that I electronically filed the foregoing STIPULATION AND [PROPOSED] ORDER RE JOINT APPLICATION FOR CONTINUANCE OF DEADLINE FOR FILING OF F. R. CIV. P. 26(F) REPORT AND CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE with the Clerk of Court for the United States Court District Court for the Northern District of California using the USDC-NDCA CM/ECF system on August 13, 2010. Participants in this action who are registered CM/ECF users will be served by the USDC-NDCA CM/ECF system. I further certify that some of the participants in the case are not registered CM/ECF users. I certify that have mailed the foregoing document by United States Postal Service first class mail, postage pre-paid, or have dispatched it to a third-party commercial carrier for delivery within three (3) calendar days to the following non-CM/ECF participants at the addresses shown below: Brian J. Engel, Esq. c/o BJE, Inc. 4410 West Lake Harriet Parkway, Suite 200 Minneapolis, Minnesota 55410 BJE, Inc. c/o Brian J. Engel, Esq. 4410 West Lake Harriet Parkway, Suite 200 Minneapolis, Minnesota 55410 Jose Israel Castillo Robles c/o JC Funding Solutions, Inc. Prado Verde 1347 Los Mochis Sinaloa Mexico JC Funding Solutions, Inc. c/o Jose Israel Castillo Robles Prado Verde 1347 Los Mochis Sinaloa Mexico STIPULATION AND ORDER RE JOINT APPLICATION FOR CONTINUANCE OF DEADLINE FOR FILING OF F. R. Civ. P. RULE 26(f) REPORT AND CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE Page 6 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 DATE: August 13, 2010 s/ Edward F. Mitchell STIPULATION AND ORDER RE JOINT APPLICATION FOR CONTINUANCE OF DEADLINE FOR FILING OF F. R. Civ. P. RULE 26(f) REPORT AND CONTINUANCE OF INITIAL CASE MANAGEMENT CONFERENCE Page 7

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