Yates v. Sweet Potato Enterprise, Inc. et al

Filing 121

ORDER GRANTING IN PART AND DENYING IN PART TO EXTEND DATES: The parties shall submit a schedule to finalize the settlement agreement by June 10, 2014, and for plaintiff to provide detailed billing statement by June 10, 2014, and for defendants to respond to it by June 17, 2014. The case management conference is still set for July 3, 2014 at 11:00 a.m. The parties shall file a joint case management statement by June 26, 2014. Signed by Magistrate Judge Laurel Beeler on 6/2/2014. (lsS, COURT STAFF) (Filed on 6/2/2014)

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1 2 3 4 5 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 Attorney for Plaintiff CRAIG YATES 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 ) ) ) Plaintiff, ) ) v. ) ) ) SWEET POTATO ENTERPRISE, INC., a ) ) California Corporation dba POPEYES ) STORE # 2794; and KUAN L. NG and ) HELEN L. NG, Trustees, of THE KUAN L. ) ) NG AND HELEN L. NG REVOCABLE ) TRUST OF 1993, ) ) ) Defendants. ____________________________________) CASE NO. CV-11-1950-LB CRAIG YATES, an individual, REQUESTTO EXTEND DATES ON SCHEDULING ORDER; and [PROPOSED] ORDER THEREON Modified 19 20 The undersigned on behalf of plaintiff CRAIG YATES, request that the Courts 21 Scheduling Order dates issues on May 29, 2014 be extended for the following reasons: 22 1. As to the written settlement agreement, as stated in the Status Report dated May 23 22, 2014, defense counsel Tyler Paetkau’s sister passed away and we have not had 24 the opportunity to finalize the written settlement agreement to date. 25 2. As to providing a detailed billing statement, all the time is manually recorded, 26 abbreviated by tasks, and must be entered into a detailed form. 27 28 ST A T U S R E P O R T ; and [P R O P O SE D ] O R D E R T H E R E O N C A SE N O . CV-11-1950-LB 1 1 This will take approximately 2 days work, my staff is very small, my 2 administrator/legal assistant is on vacation that week and with the billing 3 statements and fee application itemizations we are already working, on unrelated 4 cases, it is just not possible that this could be done by June 5, 2014. 5 6 Plaintiff’s counsel requests that a the schedule for finalizing the settlement agreement be extended to June 18, 2014. 7 Providing the detailed billing statement to Defendants be extended to June 18, 2014. 8 Defendants Response be extended to June 25, 2014. 9 The parties will file a joint case management statement by June 30, 2014. 10 The case management conference on July 7, 2014. 11 Plaintiff’s counsel has sent email’s and made several calls on May 29, 2014 and May 30, 2014 12 to discuss this schedule with defendants Counsel Tyler M. Paetkau, but have been unable to get 13 a response. 14 15 16 Respectfully Submitted, Dated: May 30, 2014 17 THOMAS E. FRANKOVICH, A PROFESSIONAL LAW CORPORATION 18 19 /s/Thomas E. Frankovich Thomas E. Frankovich Attorney for Plaintiff CRAIG YATES, an individual By: 20 21 22 23 24 25 26 27 28 ST A T U S R E P O R T ; and [P R O P O SE D ] O R D E R T H E R E O N C A SE N O . CV-11-1950-LB 2 1 PROPOSED ORDER 2 IT IS ORDERED, based on this request, the parties shall 10 3 submit a schedule to finalize the settlement agreement by June 18, 2014, and for plaintiff to 4 provide a detailed billing statement by June 18,2014 and for defendants to respond to it by June 5 25, 2014 and, the case management conference be continued to July 7, 2014. 6 The case management conference is still set for July 3, 2014 at 11:00 a.m. shall file a joint case management statement by June 26, 2014. 10 17 The parties 7 8 9 10 June 2 Dated: _______________, 2014 _________________________________________ Honorable Laurel Beeler United States District Magistrate Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ST A T U S R E P O R T ; and [P R O P O SE D ] O R D E R T H E R E O N C A SE N O . CV-11-1950-LB 3

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