Berti Produce - San Francisco, Inc. et al v. Sbragia et al

Filing 16

ORDER re 15 Case Management Statement filed by Berti Produce - San Francisco, Inc. Case Management Conference Continued to 3/1/2012 at 10:00 AM in Courtroom B, 15th Floor, San Francisco. The Joint Case Management Conference Statement due by 2/23/12. Signed by Chief Magistrate Judge MARIA-ELENAJAMES on 1/6/12. (bjtS, COURT STAFF) (Filed on 1/6/2012)

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MARION QUESENBERY, State Bar No. 72308
RYNN & JANOWSKY, LLP
P.O. Box 20799
Oakland, CA 94620
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorneys for Plaintiffs
Berti Produce – San Francisco, Inc.; Edwin Chin
dba New City Fruit & Produce; Jacobs, Malcolm & Burtt;
North Bay Produce, Inc.; Washington Vegetable Company;
What A Tomato Produce Company, Inc.; and Coosemans
San Francisco, Inc.

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IN THE UNITED STATES DISTRICT COURT

LAW OFFICES
RYNN & JANOWSKY, LLP
P.O. BOX 20799
OAKLAND, CALIFORNIA 94620
[phone]
FAX [phone]

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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BERTI PRODUCE – SAN FRANCISCO,
INC.; EDWIN CHIN dba NEW CITY FRUIT
& PRODUCE; JACOBS, MALCOLM &
BURTT; NORTH BAY PRODUCE, INC.;
WASHINGTON VEGETABLE COMPANY;
WHAT A TOMATO PRODUCE COMPANY,
INC.; and COOSEMANS SAN FRANCISCO,
INC.,

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Plaintiffs,

CASE NO. C11-03546 MEJ
SUPPLEMENTAL CASE
MANAGEMENT CONFERENCE
STATEMENT & REQUEST TO
CONTINUE CMC
CMC Date: January 12, 2012
CMC Time: 10:00 a.m.
CMC Place: Ctrm. B, 15th Floor
San Francisco

v.
ROBERT SBRAGIA; JOHN SBRAGIA;
STEVEN SBRAGIA; and PATRICIA CINI
aka PATTI CINI,
Defendants.

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Plaintiffs BERTI PRODUCE – SAN FRANCISCO, INC., EDWIN CHIN dba NEW
CITY FRUIT & PRODUCE, JACOBS, MALCOLM & BURTT, NORTH BAY PRODUCE,
INC., WASHINGTON VEGETABLE COMPANY, WHAT A TOMATO PRODUCE

SUPP. CMC STATEMENT & REQUEST TO CONTINUE – Case No. C11-03546 – Page 1

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COMPANY, INC., and COOSEMANS SAN FRANCISCO, INC. (jointly “Plaintiffs”)

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respectfully file this Case Management Conference Statement.

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A.

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STATUS & REQUEST FOR CONTINUANCE

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1.

Jurisdiction & Service:

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As Plaintiffs’ complaint states, this Court has jurisdiction of this case pursuant to the

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Perishable Agricultural Commodities Act [7 U.S.C. § 499e(c)(5)] and pursuant to 28 U.S.C. §

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1331. This Court also has supplemental jurisdiction over all other claims, as they form part of

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the same case or controversy. 28 U.S.C. § 1367(a).

LAW OFFICES
RYNN & JANOWSKY, LLP
P.O. BOX 20799
OAKLAND, CALIFORNIA 94620
[phone]
FAX [phone]

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On July 19, 2011, Plaintiffs filed their complaint in this matter. On September 13, 2011,

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Plaintiffs filed an amended complaint, which added a new Plaintiff, Coosemans San Francisco,

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Inc.

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Thereafter, in late October 2011, Plaintiffs served the four Defendants. [See Affidavits of

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Service, ECF docket #s 10-13]. They have not yet responded to the First Amended Complaint,

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because Defendants’ attorney – Lawrence Jacobson – requested additional time to respond to the

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Complaint, which Plaintiffs agreed to, and to discuss settlement, discussions which are on-going.

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In addition, because of the holidays and the settlement discussions, Plaintiffs have not pushed for

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a response.

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2.

Request for Continuance:

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As noted above, Defendants recently retained counsel who requested additional time to

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respond to the Complaint, which Plaintiffs agreed to, and to discuss settlement. Consequently, to

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give the parties time to continue settlement discussions, to provide Defendants’ counsel an

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opportunity to respond to the First Amended Complaint, and to insure that Defendants’ attorney

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is adequately prepared for and may participate in the Case Management Conference, Plaintiffs

SUPP. CMC STATEMENT & REQUEST TO CONTINUE – Case No. C11-03546 – Page 2

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respectfully request that the Case Management Conference be continued for 45 days. The Court

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previously granted a 60 day continuance.

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Date: October 20, 2011

By:

/s/ Marion I. Quesenbery
Marion I. Quesenbery
Attorneys for Plaintiffs
Berti Produce – San Francisco, Inc.; Edwin Chin
dba New City Fruit & Produce; Jacobs, Malcolm &
Burtt; North Bay Produce, Inc.; Washington
Vegetable Company; What A Tomato Produce
Company, Inc.; and Coosemans San Francisco, Inc.

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IT IS SO ORDERED. The Case Management Conference is continued to
10:00 a.m.,
March 1, 2012
___________________, at 10:30 a.m., in Courtroom B, 15th Floor, San Francisco. The CMC
Statement due by 2/23/12.
S DISTRIC

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Date: January ____, 2012
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-Elena J

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Judge M

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U.S. MAGISTRATE JUDGE
NO

LAW OFFICES
RYNN & JANOWSKY, LLP
P.O. BOX 20799
OAKLAND, CALIFORNIA 94620
[phone]
FAX [phone]

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SUPP. CMC STATEMENT & REQUEST TO CONTINUE – Case No. C11-03546 – Page 3