Yates v. Yee Mei Cheung & Family et al

Filing 32

ORDER PERMITTING DEPOSITIONS. Signed by Judge Maria-Elena James on 3/20/2012. (cdnS, COURT STAFF) (Filed on 3/20/2012)

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TIMOTHY S. THIMESCH, Esq. (No. 148213)
[e-mail]
158 Hilltop Crescent
Walnut Creek, CA 94597-3457
Telephone: [phone]

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Attorneys for Plaintiff CRAIG YATES
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RICHARD L. BECKMAN, ESQ.
SBN 148375
BECKMAN MARQUEZ & DOWLING LLP
[e-mail]
Central Tower Building
703 Market Street, Suite 1610
San Francisco, CA 94103
Tel: [phone]
Fax: [phone]
Attorneys for Defendants
VILLAGE PIZZERIA and CICERO
MACIEL
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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CRAIG YATES,

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CASE NO. CV-10-05404 MEJ
Civil Rights

PLAINTIFF,

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V.

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YEE MEI CHEUNG & FAMILY; YEE
MEI CHEUNG; TAT CHEUNG;
MACIEL CICERO; LAGHAEI FARID;
WAI BING CHEUNG; YOUNG NG
YING; VILLAGE PIZZERIA;
VILLAGE PIZZERIA, INC.;
THIDWICK BOOKS; LEA GREY;
PERIOD GEORGE; GIBSON LINES,
LLC; DONALD GIBSON; AND DOES
1 THROUGH 50, INCLUSIVE,

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SECOND STIPULATED REQUEST TO
LIFT STAY ON DISCOVERY TO
PERMIT DEPOSITION OF LANDLORD'S
AGENT; [Proposed] ORDER

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Defendants.
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/

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Plaintiff and the undersigned Defendants (who, thus far,

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are the only Defendants who have appeared and are remaining in

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thE case) request that the Court partially lift the stay imposed

158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

Stipulation of Good Cause to Limited Lift of Stay to Depose Landlord's Agent:
Case No. CV-10-05404 MEJ

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by General Order 56 and the Scheduling Order of November 29,

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2010 (at CD 6) to permit Plaintiff to notice the depositions of

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Steve and Dave Dobson of Millbrae.

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request.

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agent Vincent Ng of Millbrae, but whom Plaintiff served, but Ng

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either did not received proper service, or did receive proper

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and failed to show (Plaintiff’s counsel represents that Mr. Ng

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uses

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reverse address investigations failed to turn up a new address).

the

This is the second such

Previously, the Parties obtained an order to depose

same

post

office

box

address

as

the

landlord,

The two Dobsons are also the landlords’ agent.

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fact

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information and belief, help collects the rent and maintain the

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premises.

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whereabouts of the various landlord Defendants for purposes of

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affecting formal service of process.

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MEI CHEUNG & FAMILY; YEE MEI CHEUNG; TAT CHEUNG; LAGHAEI FARID;

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and WAI BING CHEUNG. Plaintiff’s counsel represents that the

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only known address for all the Landlord-Defendants is the post

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office box listed with the County Assessor, and that service

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attempts

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Defendants further represent they do not have a physical address

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for the landlord, but can only identify the foregoing agents.

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Plaintiff

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with informal attempts to obtain this information.

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with

tenants

concerning

the

They do in

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correspond

and

lease,

and,

on

It is believed that they will be able to identify the

at

all

known

represents

and

that

suspected

Messrs.

Such Defendants are YEE

addresses

Dobson

are

have

not

failed.

cooperating

SO STIPULATED.
Dated: March 19, 2012

THIMESCH LAW OFFICES
TIMOTHY S. THIMESCH

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158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

/s/ Authorized Signed
Attorneys for Plaintiff CRAIG YATES
Stipulation of Good Cause to Limited Lift of Stay to Depose Landlord's Agent:
Case No. CV-10-05404 MEJ

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Dated: March 19, 2012

RICHARD L. BECKMAN, ESQ.
BECKMAN MARQUEZ & DOWLING LLP

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/s/ Authorized Signed
Attorneys for Defendants
VILLAGE PIZZERIA and CICERO MACIEL

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ORDER
SO ORDERED.

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DATED:

March 20, 2012
HON. MARIA-ELENA JAMES
MAGISTRATE JUDGE
U.S. DISTRICT COURT

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158 HILLTOP CRESCENT
WALNUT CREEK, CA
94597-3452
[phone]

Stipulation of Good Cause to Limited Lift of Stay to Depose Landlord's Agent:
Case No. CV-10-05404 MEJ

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