Angel et al v. North Coast Couriers, Inc. et al

Filing 108

ORDER GRANTING 106 STIPULATION re: Settlement and Vacating Pretrial Conference and Trial Dates. Case Management Statement due by 3/1/2013. Case Management Conference set for 3/8/2013 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 4/11/12. (jjoS, COURT STAFF) (Filed on 4/11/2012)

Case3:11-cv-01028-JSW Document106 Filed04/10/12 Page1 of 3

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Mark Scott Thuesen, Esq., # 257975
LAW OFFICES OF MARK SCOTT THUESEN
1904 Franklin Street, Suite 602
Oakland, California 94612
Telephone: [phone]
Facsimile: [phone]
Victor C. Thuesen, Esq., #92467
LAW OFFICES OF VICTOR C. THUESEN
11 Western Avenue
Petaluma, California 94952
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs RENE ANGEL, MARCO
FLORES and DAVID MARTINEZ
Theodora Lee, Bar No. 129892
Kai-Ching Cha, Bar No. 218738
LITTLER MENDELSON
650 California Street, 20th Floor
San Francisco, CA 94108-2693
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants TANWEER AHMED
AND M.Y. “MIKE” KHALAF

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RENE ANGEL, et al.,

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Plaintiffs,
v.
NORTH COAST COURIERS, INC., et al.,

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Case No. Case No. CV 11 1028 JSW
STIPULATION RE: SETTLEMENT AND
[PROPOSED] ORDER VACATING
PRETRIAL CONFERENCE AND TRIAL
DATES

Defendants.

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Plaintiffs Rene Angel, Marco Flores and David Martinez (“Plaintiffs”) and Defendants

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Tanweer Ahmed and M.Y. “Mike” Khalaf (“Defendants”) (collectively “the Parties”), by and

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through their respective counsel, hereby stipulate and agree as follows:

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1.

On February 1, 2012, this Court denied Defendants’ Motion For Summary

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Judgment Or, In the Alternative, Summary Adjudication, and ordered the parties to return for a

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further settlement conference with the Honorable Magistrate Judge Laurel Beeler;
STIPULATION RE: SETTLEMENT AND
-1Case No. CV 11 1028 JSW

LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

[PROPOSED] ORDER VACATING
PRETRIAL CONFERENCE & TRIAL DATES

Case3:11-cv-01028-JSW Document106 Filed04/10/12 Page2 of 3

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2.

On January 31, 2012, Littler Mendelson, counsel to Defendants filed a Motion To

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Withdraw as Counsel To Defendants and Request to Continue Pretrial and Trial Dates in this action,

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which was placed on the court’s calendar for March 9, 2012;

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3.

On February 27, 2012, the Parties attended a settlement conference conducted by

Magistrate Beeler and there entered into a confidential settlement of the action;
4.

On March 5, 2012, the Parties stipulated to the removal from the Court’s calendar of

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Littler Mendelson’s Motion To Withdraw as Counsel to Defendants on grounds that the action had

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been settled;

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5.

On March 6, 2012, the Court adopted the stipulation and ordered the removal of

Littler Mendelson’s motion to withdraw from the Court’s calendar;
6.

The settlement reached on February 27, 2012, provides that the case shall be

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dismissed and judgment entered once Defendants have performed their obligations under the

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agreement. The parties anticipate that Defendants’ performance will be complete in February, 2013;

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7.

There are two dates that remain on the Court’s calendar. Those are the Pretrial

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Conference on April 16, 2012, and the Trial, which is set to commence on May 7, 2012. Because the

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settlement resolves all claims and defenses of the Parties, the parties stipulate and agree that the

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Pretrial Conference and Trial are no longer unnecessary and respectfully request that the Court

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vacate the Pretrial Conference and Trial dates.

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Dated: April 10, 2012

LAW OFFICES OF VICTOR C. THUESEN

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By: /s/ Victor C. Thuesen
Victor C. Thuesen

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Attorneys for Plaintiffs
Dated: April 10, 2012

LITTLER MENDELSON

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By: /s/ Kai-Ching Cha
Kai-Ching Cha

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Attorneys for Defendants

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION RE: SETTLEMENT AND
[PROPOSED] ORDER VACATING
PRETRIAL CONFERENCE & TRIAL DATES

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Case No. CV 11 1028 JSW

Case3:11-cv-01028-JSW Document106 Filed04/10/12 Page3 of 3

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[PROPOSED] ORDER

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The Court adopts the Stipulation of the Parties and hereby vacates the Pretrial Conference
The Court SETS a case management
date of April 16, 2012 and the Trial date of May 7, 2012.
conference for March 8, 2013 at 1:130 p.m. The case management conference will be vacated if the
PURSUANT TO STIPULATION, IT IS SO ORDERED.
this action is dismissed before March 8, 2013 date. IT IS SO ORDERED.

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DATED: April 11, 2012
___________________

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__________________________________
HON. JEFFREY S. WHITE
United States District Judge

Firmwide:110335745.1 051284.1015

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LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

STIPULATION RE: SETTLEMENT AND
[PROPOSED] ORDER VACATING
PRETRIAL CONFERENCE & TRIAL DATES

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Case No. CV 11 1028 JSW