Yates v. Ambrosia Pizza et al

Filing 22

STIPULATION AND ORDER re 21 Stipulation filed by Craig Yates Further Case Management Conference set for 1/27/2012 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 11/2/11. (bpf, COURT STAFF) (Filed on 11/2/2011)

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THOMAS E. FRANKOVICH (State Bar No. 074414)
THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION
4328 Redwood Hwy., Suite 300
San Rafael, CA 94903
Telephone:
415/674-8600
Facsimile:
415/674-9900

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Attorneys for Plaintiff CRAIG YATES

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CRAIG YATES, an individual,

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Plaintiff,
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v.
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AMBROSIA PIZZA; SHOPS at
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MAGNOLIA LLC, a Nevada Limited
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Liability Company; SHOPS at
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MAGNOLIA II LLC, a California Limited )
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Liability Company; and MARK DAVID )
LESLEY, an individual dba AMBROSIA )
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PIZZA,
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Defendants.
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___________________________________ )

CASE NO. CV-10-5687-EMC
STIPULATION TO CONTINUE THE
FURTHER CASE MANAGEMENT
CONFERENCE; and [PROPOSED]
ORDER THEREON

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It is hereby stipulated by and between the parties hereto through their respective counsel

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that the court may continue the Further Case Management Conference that is currently scheduled

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for Monday, November 7, 2011 at 10:30 a.m.

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1.

Whereas, plaintiff requested notice of need for mediation on August 2, 2011 and

the above-mentioned caption matter was initially referred to mediation on August 5, 2011; and

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2.

Whereas, on August 10, 2011, a Case Management Order was issued; and

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3.

Whereas, pursuant to the Judge’s Order on August 10, 2011, the parties were to

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conduct the mediation within sixty (60) days (the parties were to have the mediation completed

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by October 10, 2011); and
STIPULATION TO CONTINUE THE FURTHER CASE MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON

CV 10-5687-EMC

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Stephen Liacouras as Mediator, and on August 30, 2011 he was vacated; and

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Whereas, initially, the ADR Case Administrator on August 25, 2011, appointed

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Whereas, on August 31, 2011, the ADR Case Administrator reassigned this case

to Todd Boley as the Mediator in the above-mentioned caption matter; and

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6.

Whereas, the parties conducted the pre-mediation teleconference on September

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29, 2011. However, due to scheduling conflicts, the parties were unable to have the mediation

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on or before October 10, 2011, as per the Order. The parties have agreed on a mutual date to

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conduct the mediation which is currently set for Tuesday, November 15, 2011 at 10:00 a.m.; and

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7.

Whereas, after the mediation on November 15, 2011, plaintiff’s counsel Thomas

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E. Frankovich has committed to moving a portion of his office and his primary residence to

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Mazatlan, Mexico and will be out of the country November 21, 2011 through December 7, 2011

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and December 19, 2011 through January 9, 2012; and

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8.

In light of the above, the parties wish to preserve the court’s resources by avoiding

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an unproductive Case Management Conference and by deferring the Case Management

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Conference to sometime after January 16, 2012, will allow the parties sufficient time to try and

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resolve the above-action at the mediation.

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IT’S SO STIPULATED.

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Respectfully submitted,
Dated: November 1, 2011

THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION

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By: ___/s/Thomas E. Frankovich___________
Thomas E. Frankovich
Attorneys for Plaintiff CRAIG YATES

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STIPULATION TO CONTINUE THE FURTHER CASE MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON

CV 10-5687-EMC

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1 Dated: November 1, 2011
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MARTIN H. ORLICK, ESQ.,
Jeffer, Mangels, Butler & Marmaro LLP

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By:_____/s/Martin H.Orlick__________________
Martin H. Orlick
Attorneys for Defendant MARK DAVID LESLEY,
an individual dba AMBROSIA PIZZA

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Dated: November 1, 2011

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DANA M. ANDREOLI
STEYER LOWENTHAL BOODROOKAS
ALVAREZ & SMITH LLP,

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By:_____/s/Dana M. Andreoli__________________
Dana M. Andreoli
Attorneys for Defendants SHOPS at MAGNOLIA
LLC, a Nevada Limited Liability Company; SHOPS
at MAGNOLIA II LLC, a California Limited
Liability Company

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ORDER
IT IS SO ORDERED that the further Case Management Conference set for November 7,

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10:30
January 27
2011 at 10:30 a.m., is continued to ________________, 2012, at_________________a.m./ p.m.

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The parties shall file a Joint Case Management Statement no later than seven (7) days prior to the

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Conference.

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dwar
Judge E

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AS M

_________________________________________
D
RDERE
Honorable Edward M. Chen
S SO O IED
IT I
United States DistrictDIF
O Judge

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11/2
Dated: _______________, 2011

UNIT
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STIPULATION TO CONTINUE THE FURTHER CASE MANAGEMENT CONFERENCE; and
[PROPOSED] ORDER THEREON

CV 10-5687-EMC

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