Fontes v. Autocom Networks, Inc. et al

Filing 34

ORDER granting 33 STIPULATION WITH PROPOSED ORDER to continue dates and initial case management conference filed by Jose Perez, Autocom Power, LLC, Autocom Networks, Inc., Nissan North America Inc. Case Management Stateme nt due by 2/26/2016. Further Case Management Conference reset for 3/4/2016 08:30 AM in Courtroom 6, 17th Floor, San Francisco, Signed by Judge Charles R. Breyer on 10/22/2015. In the event a dismissal of the entire action is not filed by 1/212/2016, all defendants which have not been dismissed from the action shall file a responsive pleading by that date.(beS, COURT STAFF) (Filed on 10/22/2015)

1

4

BROOKE OLIVER, ESQ. (SBN 172828)
[e-mail]
50 Balmy Law P.C.
50 Balmy Alley
San Francisco, CA 94110
Phone: [phone]
Fax: [phone]

5

Attorneys for Plaintiff DANIEL FONTES

6

AARON H. JACOBY, ESQ. (SBN 137244)
[e-mail]
VICTOR P. DANHI, ESQ. (SBN 210246)
[e-mail]
ARENT FOX LLP
55 Second Street, 21st Floor
San Francisco, CA 94105
Phone: [phone]
Fax: [phone]

2
3

7
8
9
10

.

11
12
13
14
15
16
17
18
19
20
21
22
23
24

Attorneys for Defendants AUTOCOM NETWORKS, INC.,
AUTOCOM POWER, LLC, JOSE PEREZ, and NISSAN
NORTH AMERICA, INC
WILLIAM J. MURRAY, ESQ. (SBN 87936)
Belzer & Murray LLP
3650 Mt. Diablo Blvd., Suite 130
Lafayette, CA 94549
[e-mail]
Phone: [phone]
Fax: [phone]
Attorneys for Defendants MICHAEL P. MURPHY and M&M
AUTOMOTIVE
DOUGLAS A. MARSHALL, ESQ. (SBN 91277)
Kay & Merkle, LLP
100 The Embarcadero, Penthouse
San Francisco, CA 94105
[e-mail]
Phone: [phone]
Fax: [phone]
Attorneys for Defendant TDK TRUST

25
26
27
28
A RENT F OX LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES
AND INITIAL CASE MANAGEMENT CONFERENCE
[CASE NO. CV10-02044 CRB]

1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3
4

DANIEL FONTES, an individual

5
Plaintiff,

Case No. CV 15-02044 CRB
Assigned for all Purposes to the Honorable
Charles R. Breyer, Courtroom 6

6
7

NOTICE OF SETTLEMENT AND
STIPULATION AND TO CONTINUE DATES
AND INITIAL CASE MANAGEMENT
CONFERENCE;

vs.

8
9
10
11
12
13
14
15

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,

16
17

Defendants.

18
19
20
21
22
23
24
25
26
27
28
A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

-2STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES
AND INITIAL CASE MANAGEMENT CONFERENCE
[CASE NO. CV10-02044 CRB]

1
2
3

STIPULATION
WHEREAS, the Parties participated in mediation on October 8, 2015 and thereafter, on

4

the same day, entered into a Stipulation of Settlement, wherein all Parties agreed upon a full

5

settlement and compromise of this action and a release and discharge of all claims by and

6

between all Parties;

7

WHEREAS, pursuant to the Stipulation of Settlement, the Parties shall be entering into a

8

long form settlement agreement that the Parties expect will be satisfied in its entirety within 90

9

days from the date of this Stipulation, including, but not limited to delivery of an executed

10
11

Dismissal with Prejudice of this action by Plaintiff to Defendants (“Dismissal”);
WHEREAS, in light of the foregoing, the Parties have agreed to an extension of time

12

pursuant to which all Defendants shall have an additional 90 days from the presently pending due

13

date, up to and including January 21, 2016, to answer, move, or otherwise respond to Plaintiff’s

14

Complaint, in order to complete the settlement terms;

15
16
17

WHEREAS, an initial Case Management Conference (“CMC”) is currently scheduled for
hearing on December 4, 2015 at 8:30 a.m.;
WHEREAS, in the interest of judicial economy, the Parties request a continuance of the

18

CMC by a corresponding 90 days to March 3, 2016 in order to allow time for the Parties to

19

complete the settlement terms and dismiss the Action;

20

WHEREAS, the Parties further acknowledge that the filing of this Stipulation shall not be

21

construed as an appearance or acknowledgement of jurisdiction on any of the Defendants, and

22

that any challenges to jurisdiction are hereby reserved by Defendants, and each of them;

23

NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, pursuant to

24

U.S. District Court, Northern District of California Local Rule 6-1(a), that Defendants, and each

25

of them, shall have up to and including January 21, 2016 to answer, move, or otherwise respond

26

to the Complaint filed in this matter.

27
28
A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

-3STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES
AND INITIAL CASE MANAGEMENT CONFERENCE
[CASE NO. CV10-02044 CRB]

1

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

2

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

3

Complaint, and the December 4, 2015 Case Management Conference. In particular, the Parties

4

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

5

January 21, 2016; and that the initial Case Management Conference be scheduled on March 3,

6

2016, or at the Court’s convenience sometime during or after March 3, 2016.

7
8

Dated: October 19, 2015

9

Respectfully submitted,
50 BALMY LAW, P.C.

10
By:

11
12
13

Dated: October 19, 2015

14

/s/ Brooke Oliver
Brooke Oliver
Attorneys for Plaintiffs DANIEL FONTES

Respectfully submitted,
ARENT FOX LLP

15
By:

16
17
18
19
20
21

Dated: October 19, 2015

/s/ Victor P. Danhi
Aaron H. Jacoby
Victor P. Danhi
Attorney for Defendants
AUTOCOM NETWORKS, INC.,
AUTOCOM POWER, LLC, JOSE PEREZ,
and NISSAN NORTH AMERICA, INC.

Respectfully submitted,
BELZER & MURRAY LLP

22
23

By:

24
25

/s/ William J. Murray
William J. Murray
Attorney for Defendants
MICHAEL P. MURPHY and M&M
AUTOMOTIVE GROUP, INC.

26
27
28
A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

-4STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES
AND INITIAL CASE MANAGEMENT CONFERENCE
[CASE NO. CV10-02044 CRB]

1
2
3

Dated: October 19, 2015

Respectfully submitted,
KAY & MERKLE, LLP

4
5

By:

6

/s/ Douglas A. Marshall
Douglas A. Marshall
Attorney for Defendant
TDK TRUST

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

-5STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES
AND INITIAL CASE MANAGEMENT CONFERENCE
[CASE NO. CV10-02044 CRB]

1

ORDER

2

The Court having considered the foregoing Stipulation of the Parties and good cause

3

appearing therefore, it is hereby ORDERED that all previously scheduled dates in this matter are

4

vacated, and the following dates shall apply:

5
6
7
8

In the event a dismissal of the entire action is not filed by January 21, 2016, 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 March 4, 2016 at 8:30 a.m. in
Courtroom 6, 17th floor, 450 Golden Gate Avenue, San Francisco, California.

9

Lead trial counsel shall meet and confer not less than thirty (30) days in advance of the

10

conference and shall file a joint case management statement in the form contained in the Civil

11

Local rules as supplemented by this order not less than seven (7) days in advance of the

12

conference.

13
14

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.

15

At the conclusion of the conference, an order will be entered setting dates either for a

16

further case management conference, or for close of discovery, pre-trial conference, and trial.

17

Other orders regulating and controlling future proceedings may be entered.

18

Plaintiff shall serve copies of this order at once on any parties subsequently joined, in

19

accordance with Federal Rules of Civil Procedure 4 and 5. Following service, plaintiff shall file a

20

certificate of service with the Clerk of this Court

21
22

SUPPLEMENTAL TO INITIAL CASE MANAGEMENT STATEMENT
At the initial case management conference, the parties or at least one attorney of record

23

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

24

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

25

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

26

calculation.

27
28
A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

-6STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES
AND INITIAL CASE MANAGEMENT CONFERENCE
[CASE NO. CV10-02044 CRB]

1

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

2

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

3

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

4

IT IS SO ORDERED.

5
6
7

Dated: October 22, 2015
CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RENT F OX LLP
ATTO RNEY S AT LAW
LOS A NG EL ES

-7STIPULATION AND [PROPOSED] ORDER TO CONTINUE DATES
AND INITIAL CASE MANAGEMENT CONFERENCE
[CASE NO. CV10-02044 CRB]