Shifman et al v. 800 DC, LLC, et al

Filing 31

STIPULATION AND ORDER re 30 STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by 800 DC, LLC, Kostopoulos Rodriguez, PLLC, K. Dino Kostopoulos Case Management Statement due by 5/22/2014. Case Management Conference set for 5/29/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 3/10/14. (bpf, COURT STAFF) (Filed on 3/10/2014)

RONALD E. MALLEN (SBN 040928)
KENDRA L. BASNER (SBN 250088)
2 HINSHAW & CULBERTSON LLP
One California Street, 18th Floor
3 San Francisco, CA 94111
Telephone: [phone]
4 Facsimile:
415-834-9070
5 Attorneys for Defendants
KOSTOPOULOS RODRIGUEZ, PLLC,
6 K. DINO KOSTOPOULOS
800 DC, LLC D/B/A BIZZIE and 1-800-DRY CLEAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DMSION

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LAWRENCE SHTFMAN, an individual,
GORETTI SHIFMAN, an individual, DRY
12 CLEANING DELIVERY SERVICES, INC., a
California corporation,
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Plaintiff,
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vs.
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800 DC, LLC D/B/A BIZZIE and 1-800-DRY
16 CLEAN, a Michigan corporation,
KOSTOPOULOS RODRIGUEZ, PLLC, a
17 Michigan Professional limited liability
company, K. DINO KOSTOPOULOS, an
18 individual, DOE ONE through DOE TWENTY,
inclusive,
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Defendants.

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Case No. 3:13-cv-05934-EMC
STIPULATION AND ORDER TO
CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

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) Current Date of CMC: March 27, 2014
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) Stipulated Date of

) Continued CMC:
) Time:
) Courtroom:
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May 29,2014
9:00a.m.

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Pursuant to the United States District Court for the Northern District of California

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Local Rules ("Civil L.R. "), Rule 16, Defendants 800 DC, LLC dfb/a/ BIZZIE and J-800-

24 DRY CLEAN ("800 DC"); Kostopoulos Rodriguez, PLLC; and, K. Dino Kostopoulos,
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individually, (collectively "Defendants"), and Plaintiffs Lawrence Shifman, individually;

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Goretti Shifman, individually; and, Dry Cleaning Delivery Services, Inc. ("DCDS")

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(collectively "Plaintiffs"), by and through their respective counsel, have met and conferred

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and hereby stipulate and seek relief from the Court concerning obligation imposed by the
STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
Case No. 3:13-cv..Q5934-EMC

Order Setting Initial Case Management Conference dated December 27, 2013, requesting the
2 Court to continue the Initial Case Management Conference (aCMC 11 ) , and all associated
3 deadlines, presently scheduled for March 27,2014 at 9:00a.m. in Courtroom 5, on the 17th
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floor of the San Francisco Courthouse located at 450 Golden Gate Avenue, San Francisco,

5 California, until May 29, 2014 at 9:00 a.m. in Courtroom 5 at the same location due to
6 Defendants' pending dispositive Motion to Dismiss and Special Motion to Strike filed
7 pursuant to Civil L.R. 7, which are scheduled to be heard by the Honorable Edward M. Chen

8 on March 13,2014 at 1:30 p.m. in Courtroom 5.
The Parties submit that continuing the CMC to May 29, 2014 will allow adequate

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10 time for the Court to render its decision on Defendants' dispositive motions before the
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Parties' compliance with the associated ADR and other such deadlines is required. It is

12 further noted that Randall M. Widmann, counsel for Plaintiff.<;, previously filed with the
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Court a Notice ofUnavailability from May 1, 2014 through May 16, 2014.

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IT IS HEREBY STIPULATED

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Dated: Marcb

Je_, 2014

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Dated:

March~ 2014

FECES OF RANDALL M. WIDMANN

By:

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STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
Case No.

3:13~cv-05934-EMC

PURSUANT TO STIPULATION, IT IS SO ORDERED.

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3/10/14

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DISTRICT JUDGE EDWARD M. CHEN

UNIT
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STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
Case No. 3:13-cv...Q5934-EMC

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CERTIFICATE OF SERVICE

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Shifman v. 800 DC, LLC, Kostopoulos

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United States District Court, Northern District of California

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Case No. 5:13-cv-05934-EMC

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I am a citizen of the United States and employed in San Francisco, California, at the
office of a member of the bar of this Court at whose direction this service was made. I am over
7 the age of 18 and not a party to the within actions; my business address is One California Street,
18th Floor, San Francisco, California 94111.
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On March 6, 2014, I served the document(s) entitled,
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STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT
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CONFERENCE
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on the interested parties in this action by placing trust copies thereof enclosed in a sealed
envelope(s) addressed as stated below:

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SEE ATTACHED SERVICE LIST
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D (BY MAIL):
I deposited such envelope in the mail at San Francisco, California with
14 postage fully prepaid. I am readily familiar with this firm's practice of collection and processing
correspondence for mailing. Under that practice it would be placed for collection and mailing,
15 and deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid
at San Francisco, California, in the ordinary course of business. I am aware that on motion of
16 party served, service is presumed invalid if postal cancellation date or postage meter date is
more than 1 day after date of deposit for mailing in affidavit.
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D (VIA OVERNIGHT MAIL): I deposit such envelope to be placed for collection and
18 handling via UPS following our ordinary business practices. I am readily familiar with this
business' practice for collecting and processing correspondence for UPS. On the same day that
19 material is placed for collection, it is picked by UPS at San Francisco, California.

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D (BY ELECTRONIC MAIL):

By transmitting a true copy thereof to the electronic mail

addresses as indicated below.
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[8J (BY CM!ECF SERVICE):
22 via CM/ECF as noted herein.

I caused such document(s) to be delivered electronically

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I declare under penalty of perjury under the laws of the United States that the above true
and correct and was executed on March 6, 2014, at San Francisco, California.

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PLEADINGTITLESHOR'l"

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SERVICE LIST

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Shifman v. 800 DC, LLC, Kostopoulos

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Case No. 5:13-cv-05934-EMC

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Karl Runft

Randall Widmann
5 Law Offices of Randall M. Widmann
24 79 E. Bayshore Road, Suite 703
6 Palo Alto, CA 94303
Tel:
650-424-8400
7 Fax: [phone]
Email: :[e-mail]
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Attorneys for Plaintiffs, Lawrence Shifman,
9 Goretti Shifman, Dry Cleaning Delivery
Services, Inc.
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N opar & Associates
24 79 E. Bayshore Road, Suite 703
Palo Alto, CA 94303
Tel:

650-328-7300

Attorneys for Plaintiffs, Lawrence Shifman,
Goretti Shifman, Dry Cleaning Delivery
Services, Inc.

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