Cruz v. AT&T Mobility LLC et al

Filing 17

STIPULATION AND ORDER to Continue Case Management Conference. Initial Case Management Conference set for 3/19/2012 01:30 PM in Courtroom 12, 19th Floor, San Francisco. Signed by Judge Thelton E. Henderson on 12/02/2011. (tmi, COURT STAFF) (Filed on 12/2/2011)

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Joel R. Bryant, Esq. (State Bar No. 149370)
[e-mail]
GREEN BRYANT & FRENCH LLP
1230 Columbia Street, Suite 1120
San Diego, California 92101
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff, Carmen Cruz

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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CARMEN CRUZ, an individual,

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PLAINTIFF,

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v.

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AT&T MOBILITY SERVICES LLC, a
Delaware Limited Liability Company; and
DOES 1-100, jointly and severally,

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DEFENDANTS.

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CASE NO: CV11-04508-TEH
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
Date: January 9, 2012
Time: 1:30 p.m.
Dept.: Courtroom 12
Judge: Honorable Thelton E. Henderson

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Pursuant to the Court’s November 10, 2011 Order, a Case Management Conference in the

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above referenced matter was scheduled for January 9, 2012. The Order further required the parties

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

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Management Conference. For the reasons set forth below, Plaintiff respectfully requests that the

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Court continue the Case Management Conference scheduled for January 9, 2012 to March 16, 2012,

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at 1:30 p.m.

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On October 6, 2011, counsel for AT&T Mobility Services LLC (“AT&T Mobility”) advised

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Plaintiff’s counsel that none of the four Defendants named in the Complaint were proper parties to

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this case, and further advised that, based on the allegations of the Complaint, the only entity which

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should have been named as a Defendant was his client, AT&T Mobility. In reliance on those

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representations, Plaintiff filed a First Amended Complaint on October 24, 2011, which removed

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all prior Defendants, and named the new, current, Defendant AT&T Mobility. Said Defendant was
-1Case No: CV11-04508-TEH
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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subsequently served on November 4, 2011 via Waiver of Service of Summons. On November 15,

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2011 Plaintiff received the signed Waiver of Service from Defendant and filed the Proof of Service

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with the Court. Defendant’s answer to the complaint is due on January 3, 2012, and Plaintiff does

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not anticipate the Defendant will appear until that date.

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Given that the new Defendant has not yet appeared, is not obligated to appear, and will not

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appear prior to January 3, 2012, Plaintiff does not believe there to be sufficient time to Meet and

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Confer, and prepare and submit the Joint Case Management Conference Statement to the Court

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prior to the date of the conference. Accordingly, Plaintiff believes that continuing the Case

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Management Conference until March 16, 2012, would provide both parties ample and reasonable

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time to Meet and Confer and prepare the Joint Case Management Conference Statement.
NOW, THEREFORE, subject to the Court’s approval, Plaintiff, by and through her counsel
of record, respectfully asks the following:
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That the Case Management Conference be continued from January 9, 2012, at 1:30

p.m., to March 16, 2012, at 1:30 p.m.; and
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That the corresponding deadline to file the Joint Case Management Conference

Statement be continued to March 9, 2012.

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GREEN BRYANT & FRENCH, LLP

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Dated: December 2, 2011

/s/ Joel R. Bryant
Joel R. Bryant, Esq.
[e-mail]
Attorney for Plaintiff
CARMEN CRUZ

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-2Case No: CV11-04508-TEH
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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ORDER
IT IS ORDERED THAT:

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2.

The deadline to file the Joint Case Management Conference Statement is continued

March 12, 2012
from January 2, 2012, to _______________________.

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. Hende

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Honorable Thelton E. Henderson

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______________________________

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12/02/2011
Dated: __________________

UNIT
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March 19, 2012, at 1:30 and
to ___________________; p.m.; and

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The Case Management Conference is continued from January 9, 2012, at 1:30 p.m.,

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-3Case No: CV11-04508-TEH
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE