Fontes v. Autocom Networks, Inc. et al

Filing 29

ORDER, granting 28 STIPULATION and Proposed Order selecting Mediation by TDK Trust Dated January 23, 1995 Continuing Dates filed by TDK Trust Dated January 23, 1995. Case referred to Private ADR. Responsive pleading due by 10/23/2015. Case Management Statement due by 11/27/2015. Initial Case Management Conference set for 12/4/2015 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 7/28/2015. (beS, COURT STAFF) (Filed on 7/29/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. C 15-02044 CRB

DANIEL FONTES, an individual

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Assigned for all Purposes to the Honorable
Charles R. Breyer, Courtroom 6

Plaintiff,

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vs.

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AUTOCOM NETWORKS, INC., a
California corporation; AUTOCOM
POWER, LLC, a California limited
liability company d/b/a AUTOCOM
NISSAN OF OAKLAND; M&M
. AUTOMOTIVE GROUP, INC., a
California corporation d/b/a Volkswagen
of Oakland; MICHAEL P. MURPHY, an
individual formerly d/b/a NISSAN OF
OAKLAND; NISSAN NORTH
AMERICA, INC., a California
corporation; JOSE PEREZ, an individual
a/k/a JOSE CARMEN PEREZ GARCIA;
TDK TRUST DATED JANUARY 23,
1995, and DOES 1 through 10, inclusive,

STIPULATION AND [PROPOSED] ORDER
TO CONTINUE DATES AND SCHEDULE
CASE MANAGEMENT CONFERENCE

Defendants.

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STIPULATION

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WHEREAS, all parties in the above captioned matter have been served and have retained
counsel (as identified above); and

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WHEREAS, the parties and their counsel who are submitting this Stipulation and

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[Proposed] Order who have not yet formally appeared in this matter request that this Stipulation

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and Order be considered as their appearance in the matter;

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WHEREAS, on July 23, 2015 counsel met and conferred regarding portions of Rule 26(f)

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and have agreed to an early mediation of this dispute, utilizing the mediation services of retired

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Judge James Ware, which mediation has been scheduled for October 8, 2015; and

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WHEREAS, the parties consider that continuing further Rule 26(f) meet and confer items

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and all assigned dates in this matter will allow them to conserve resources, including attorneys'

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fees, in order that they may focus upon and have a more effective mediation in hopes of achieving

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a settlement of the matter;

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THEREFORE, the parties respectfully request that the Court continue all currently set

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dates in this matter, including the dates by which Defendants are required to respond to the

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Complaint, and the August 14, 2015 Case Management Conference. In particular, the parties

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respectfully request that the date for defendants to file responsive pleadings be continued to

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October 23, 2015; and that the initial Case Management Conference be scheduled on December

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4, 2015, or at the Court's convenience sometime during or after December 4, 2015, but not on the

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following dates, on which counsel have scheduling conflicts: December 7 through 18: December

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24 through January 1, 2016, and January 4 through 7, 2016.

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Respectfully submitted,
Dated: July 27, 2015

50 BALMY LAW, P.C.

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By: Is/ Brooke Oliver
Brooke Oliver
Attorneys for Plaintiff DANIEL FONTES

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Dated: July 27,2015

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By: Is/ Victor P. Danhi
Aaron H. Jacoby
Victor P. Danhi

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Attorneys for Defendants AUTOCOM
NETWORKS, INC., AUTOCOM POWER, LLC,
JOSE PEREZ, and NISSAN NORTH AMERICA,
INC.

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ARENT FOX LLP

Dated: July 27,2015

BELZER & MURRAY LLP

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By: Is/ William J. Murray
William J. Murray
Attorneys for Defendants MICHAEL P. MURPHY

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STIPULATION AND ORDER CONTINUING DATES AND SETTING CASE MANAGEMENT CONFERENCE

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and M&M AUTOMOTIVE GROUP, INC.
KAY & MERKLE, LLP

Dated: July 27,2015

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By: /s/ Douglas A. Marshall
Douglas A. Marshall
Attorneys for Defendant TDK TRUST

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[PROPOSED) ORDER

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The Court having considered the foregoing Stipulation of the Parties and good cause
appearing therefore, it is hereby ORDERED that all previously scheduled dates in this matter are
vacated, and the following dates shall apply:
In the event a dismissal ofthe entire action is not filed by October 23 , 2015, all defendants
which have not been dismissed from the action shall file a responsive pleading by that date.
The Initial Case Management Conference shall be held on December 4, 2015 at 8:30a.m.
in Courtroom 6, 1i

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floor, 450 Golden Gate Avenue, San Francisco, California.

Lead trial counsel shall meet and confer not less than thirty (30) days in advance of the
conference and shall file a joint case management statement in the form contained in the Civil
Local rules as supplemented by this order not less than seven (7) days in advance of the
conference.
If the conference is inconveniently scheduled, it may be rescheduled by stipulation and
order to another date or time convenient to the Court's calendar.
At the conclusion of the conference, an order will be entered setting dates either for a
further case management conference, or for close of discovery, pre-trial conference, and trial.
Other orders regulating and controlling future proceedings may be entered.
Plaintiff shall serve copies of this order at once on any parties subsequently joined, in
accordance with Federal Rules of Civil Procedure 4 and 5. Following service, plaintiff shall file a
certificate of service with the Clerk of this Court
SUPPLEMENTAL TO INITIAL CASE MANAGEMENT STATEMENT
At the initial case management conference, the parties or at least one attorney of record

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for each party must appear in person. See FRCP 26(f); Civil LR 16-10(a). The case management

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statement may not exceed ten pages. It should briefly describe the parties' controversy. Any

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party seeking damages must set forth in the statement the amount sought and the basis for its

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calculation.

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Sanctions. FAILURE TO COMPLY WITH THIS ORDER may be deemed sufficient

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grounds for dismissal of this cause, default or other appropriate sanctions. See Federal Rules of

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Civil Procedure 16(f), 41 (b); Civ LR 1-4.

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IT IS SO ORDERED.

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Dated: July_, 2015
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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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