Heatherly et al v. Marisco's La Jaiba et al
Filing
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ORDER Extending Time for Defendant Xu Truong, and Anh Hoang, Trustees of The Truong/Hoang Family Trust To Respond To Plaintiffs' Complaint And Extending Dates In Scheduling Order re 5 Stipulation filed by Xu Truong. Signed by Judge Maria-Elena James on 6/6/2011. (cdnS, COURT STAFF) (Filed on 6/6/2011)
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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
Attorneys for Plaintiffs
DAREN HEATHERLY and IRMA RAMIREZ
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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DAREN HEATHERLY and IRMA RAMIREZ,
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Case No.: CV 11-1069 MEJ
Unlimited Civil Matter
Plaintiffs,
v.
STIPULATION EXTENDING TIME FOR
DEFENDANT XU TRUONG and ANH
HOANG, TRUSTEES OF THE
TRUONG/HOANG FAMILY TRUST TO
RESPOND TO PLAINTIFFS'
COMPLAINT AND EXTENDING DATES
IN SCHEDULING ORDER; AND
[PROPOSED] ORDER THEREON
MARISCO'S LA JAIBA; XU TRUONG and
AHN HOANG, TRUSTEES OF THE
TRUONG/HOANG FAMILY TRUST, U.D.T.
dated March 18, 1997; and MIGUEL PELAYO
MONTIEL, an individual dba MARISCO'S LA
JAIBA,
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Defendants.
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Plaintiffs DARREN HEATHERLY AND IRMA RAMIREZ (hereinafter "Plaintiffs") and
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Defendants MARISCO'S LA JAIBA (hereinafter "Marisco's"); XU TRUONG and ANH HOANG
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(erroneously sued herein as AHN HOANG), TRUSTEES OF THE TRUONG/HOANG FAMILY
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TRUST, U.D.T. dated March 18, 1997 (hereinafter "Truong"); and MIGUEL PELAYO MONTIEL,
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an individual dba MARISCO'S LA JAIBA (hereinafter "Montiel"), by and through their respective
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counsel, respectfully request to make the following stipulation:
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1.
WHEREAS, all Defendants have been served with the Summons and Complaint; and
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2.
WHEREAS, Defendants Marisco's and Montiel have filed an Answer to the
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Complaint; and
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STIP. EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT AND
EXTENDING DATES IN SCHEDULING ORDER; AND [PROPOSED] ORDER THEREON - CV 11-1069 MEJ
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3.
WHEREAS, Defendant Truong was given an initial extension of time to respond to
the Complaint up to and including June 7, 2011; and
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WHEREAS, Defendant Truong has requested additional time to respond to the
Complaint and Defendants have requested to extend the dates in the Scheduling Order; and
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WHEREAS, Counsel for Defendant Truong has had a recent death in her family
which will require her time and attention; and
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WHEREAS, Counsel for Defendants Marisco's and Montiel is caring for his wife who
recently sustained a significant injury from a fall and underwent surgery; and
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WHEREAS, pursuant to the Scheduling Order, General Order 56 and F.R.C.P. Rule
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26, the parties are to complete initial disclosures by June 8, 2011 and hold a joint inspection of the
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premises by June 15, 2011; and
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8.
WHEREAS, the parties have agreed to extend for 30 days the time for Defendant
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Truong to respond to the Complaint and the dates to complete initial disclosures and to hold a joint
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inspection at the premises; and
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9.
WHEREAS, the parties agree that Defendant Truong will have up to and including
July 7, 2011 to respond to the Complaint; and
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WHEREAS, the parties agree to complete initial disclosures by July 8, 2011 and hold
a joint inspection of the premises by July 15, 2011; and
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WHEREAS, the parties agree that the dates in the Scheduling Order for the parties to
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meet an confer in person to discuss settlement, and for Plaintiff to file "Notice of Need for
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Mediation" will be calculated based on the new date of July 15, 2011 for the joint inspection of the
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premises. Accordingly, the parties agree the last day to meet and confer in person to discuss
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settlement is July 25, 2011 and the last day for Plaintiffs to file "Notice of Need for Mediation" is
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August 29, 2011; and
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12.
WHEREAS, the parties are actively attempting to negotiate a settlement in the above-
referenced case, and wish to reduce fees, costs and litigation expenses in doing so; and
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STIP. EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT AND
EXTENDING DATES IN SCHEDULING ORDER; AND [PROPOSED] ORDER THEREON - CV 11-1069 MEJ
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13.
WHEREAS, the parties believe it would be in the interests of efficiency and economy
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to extend the time for Defendant Truong to respond to Plaintiffs' Complaint and to extend the dates in
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the Scheduling Order; and to allow time to negotiate an agreement; and
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14.
WHEREAS, Plaintiffs have agreed to grant additional time for Defendant Truong to
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respond to Plaintiffs' Complaint and the parties have agreed to extend the dates in the Scheduling
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Order issued by the Court.
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IT IS STIPULATED that:
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1.
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Complaint; and
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2.
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Defendant Truong will have up to and including July 7, 2011 to respond to the
The parties will complete initial disclosures by July 8, 2011 and hold a joint inspection
of the premises by July 15, 2011; and
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3.
The last day for the parties to meet and confer in person to discuss settlement is
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July 25, 2011, and the last day for Plaintiffs to file "Notice of Need for Mediation" is August 29,
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2011.
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THOMAS E. FRANKOVICH,
A Professional Law Corporation
Attorneys for Plaintiffs
DAREN HEATHERLY and IRMA RAMIREZ
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By:
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DATED: June 3, 2011
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DATED: June 3, 2011
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/s/ Thomas E. Frankovich
Thomas E. Frankovich
AARON & WILSON, LLP
Attorneys for Defendants
MARISCO'S LA JAIBA; MIGUEL PELAYO
MONTIEL, an individual dba MARISCO'S LA
JAIBA
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By:
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DATED: June 3, 2011
/s/ Robert S. Aaron
Robert S. Aaron
HATCHER & RUNDEL
Attorneys for Defendants
MARISCO'S LA JAIBA; MIGUEL PELAYO
MONTIEL, an individual dba MARISCO'S LA
JAIBA
By:
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/s/ William W. Hatcher, Jr.
William W. Hatcher, Jr.
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STIP. EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT AND
EXTENDING DATES IN SCHEDULING ORDER; AND [PROPOSED] ORDER THEREON - CV 11-1069 MEJ
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SPAULDING McCULLOUGH & TANSIL LLP
Attorneys for Defendants
XU TRUONG and ANH HOANG, Trustees of the
TRUONG/HOANG FAMILY TRUST, U.D.T. dated
March 18, 1997 (erroneously sued herein as AHN
HOANG)
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By:
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DATED: June 3, 2011
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/s/ Mary P. Derner
Mary P. Derner
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ORDER
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IT IS SO ORDERED that Defendant Truong will have up to and including July 7, 2011 to
respond to the Complaint.
IT IS FURTHER ORDERED that the parties will complete initial disclosures by July 8, 2011
and hold a joint inspection of the premises by July 15, 2011.
IT IS FURTHER ORDERED that the last day for the parties to meet and confer in person to
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discuss settlement is July 25, 2011, and the last day for Plaintiffs to file "Notice of Need for
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Mediation" is August 29, 2011.
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June 6
Dated: ________________, 2011
_______________________________________
THE HONORABLE MARIA-ELENA JAMES
United States Magistrate Judge
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STIP. EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFFS' COMPLAINT AND
EXTENDING DATES IN SCHEDULING ORDER; AND [PROPOSED] ORDER THEREON - CV 11-1069 MEJ
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