v. Hernandez et al

Filing 15

ORDER by Magistrate Judge Maria-Elena James granting 14 Stipulation to continue Case Management Conference. (rmm2S, COURT STAFF) (Filed on 2/15/2013)

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TOMAS E. MARGAIN (SBN 193555)
HUY TRAN (SBN 288196)
CASA LEGAL
84 W. SANTA CLARA STREET, STE. 790
SAN JOSE, CA 95113
TEL [phone]
FAX [phone]
[e-mail]
Attorney for Plaintiffs
LIBORIO HERNANDEZ and
ROGELIO RODRIGUEZ-PEREZ

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JOANNA L. BROOKS (SBN 182986)
DOUGLAS M. BRIA (SBN 226966)
DAVID T. WANG (SBN 272015)
JACKSON LEWIS LLP
50 California Street, 9th Floor
San Francisco, CA 94111
TEL: [phone]
FAX: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant
NOR-CAL MOVING SERVICES

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UNITED STATES DISTRICT COURT

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FOR NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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LIBORIO HERNANDEZ and ROGELIO
RODRIGUEZ-PEREZ,

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Plaintiffs,

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v.

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NOR-CAL MOVING SERVICES,

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Defendant.

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Case No.: CV12-05552 MEJ
STIPULATION AND JOINT REQUEST
TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE AND
EXTEND INITIAL DEADLINES
Date: February 21, 2013
Time: 10:00 a.m.
Judge: Maria-Elena James
Courtroom: B, 15th Floor
Trial Date: Not yet set

Plaintiff LIBORIO HERNANDEZ and ROGELIO RODRIGUEZ-PEREZ and Defendant
NOR-CAL MOVING SERVICES, making a special appearance for purposes of this stipulation,
through their attorneys’ of record, hereby stipulate as follows:

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WHEREAS, an initial Case Management Conference is currently scheduled for February
21, 2013 at 10:00 a.m.

-1STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE

Case No. cv 12 05552 MEJ

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WHEREAS, Defendant recently retained Jackson Lewis LLP as counsel in this matter,

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who promptly contacted Plaintiff’s counsel to address deficiencies in Plaintiff’s attempted

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service of the summons and complaint.

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WHEREAS, Jackson Lewis LLP agreed to accept service of process by mail, including
notice and acknowledgement of receipt, pursuant to applicable statutory requirements.
WHEREAS, Plaintiff intends to initiate service of process by mail concurrent with the
filing of this stipulation and request for continuance.

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WHEREAS, to allow the parties sufficient time to meaningfully meet and confer on all

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topics required by Federal Rules of Civil Procedure Rule 26, the Civil Local Rules, the Court’s

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standing order, and to promote judicial economy, the parties believe it is appropriate to continue

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the initial case management conference to a date following the statutory period for Defendant to

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answer or otherwise respond to the complaint following valid service of process.

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THEREFORE, IT IS HEREBY STIPULATED between the parties, through their

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respective counsel of record, a joint request for continuance of the initial case management

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conference to April 25, 2013, or such other date available to the Court, and if the case

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management conference is continued, all other deadlines set forth in the Court’s Order Setting

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-2STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE

Case No. cv 12 05552 MEJ

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Initial Case Management Conference and ADR Deadlines will be continued accordingly.

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CASA LEGAL

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DATED:

February 15, 2013

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By: /s/ Tomas Margain
Tomas E. Margain
Attorneys for Plaintiffs

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JACKSON LEWIS LLP

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DATED:

By:
JoAnna L. Brooks
Douglas M. Bria
David T. Wang
Attorneys for Defendant
Nor-Cal Moving Services

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ORDER

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BASED ON THE PARTIES’ STIPULATION, THE COURT’S FILE, AND GOOD

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CAUSE SHOWN, THE COURT ORDERS AS FOLLOWS:
The initial Case Management Conference and Rule 26 deadlines are continued as follows:
April 11, 2013

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x

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Last Day to Meet and Confer Regarding Initial Discloses, ADR process election and
discovery plan.

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x

Last Day to file ADR Certificate signed by Parties and Counsel.

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Last Day to either file a stipulation to ADR Process or Notice of Need for ADR Phone

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Conference.

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-3STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE

Case No. cv 12 05552 MEJ

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April 18, 2013
x

Last Day to File Rule 26(f) Report, complete initial disclosures and file Joint Case
Management Statement.

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x

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April 25, 2013

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x

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Last Day to File Magistrate Consent Form.

Initial Case Management Conference in Courtroom B, 15th Floor, San Francisco
Courthouse at 10:00 a.m.

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IT IS SO ORDERED
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DATED:

February 15, 2013
Hon. MARIA-ELENA JAMES
Magistrate Judge of the United States
District Court

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4829-2946-8690, v. 2

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-4STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE

Case No. cv 12 05552 MEJ