Rodgers v. Dajasato Bolles LLC et al

Filing 24

STIPULATION AND ORDER CONTINUING THE JULY 21, 2016 CASE MANAGEMENT CONFERENCE; TAKING OFF CALENDAR PLAINTIFF'S MOTION TO COMPEL COMPLIANCE; AND CONTINUING THE DEADLINE FOR PLAINTIFF TO FILE NOTICE OF NEED FOR MEDIATION. Status Conference rese t for 10/27/2016 at 11:00 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Joint Status Report due 10/20/2016. Notice of Need for Mediation due by 9/15/2016. 18 MOTION to Compel Compliance with General Order 56 taken off calendar. Signed by Judge Laurel Beeler on 7/19/2016. (afmS, COURT STAFF) (Filed on 7/19/2016)

LAW OFFICE OF IRENE KARBELASHVILI
Irene Karbelashvili, SBN 232223
Irakli Karbelashvili, SBN 302971
12 South First Street, Suite 413
San Jose, CA 95113
Telephone: [phone]
Fax: [phone]

1
2
3
4
5

Attorneys for JOHN RODGERS, Plaintiff

6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

JOHN RODGERS,
Plaintiff,

10
11
12
13
14
15
16

vs.
DAJASATO BOLLES LLC, a California
limited liability company; VICTOR M.
SAHAGUN, an individual, and JOSE C.
SAHAGUN, an individual, collectively
d/b/a LA HECIENDA TAQUERIA &
RESTAURANT; and DOES 1-10,
Inclusive,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. 15-cv-5934-LB
STIPULATION AND[PROPOSED]
ORDER CONTINUING THE
JULY 21, 2016 CASE
MANAGEMENT CONFERENCE;
TAKING OFF CALENDAR
PLAINTIFF’S MOTION TO
COMPEL COMPLIANCE; AND
CONTINUING THE DEADLINE
FOR PLAINTIFF TO FILE
“NOTICE OF NEED FOR
MEDIATION”

17
Plaintiff JOHN RODGERS (hereinafter “Plaintiff”) and DAJASATO BOLLES, LLC.

18
19

(hereinafter “Defendant”), by and through their attorneys of record, stipulate as follows:

20

1.

Plaintiff filed this action on December 21, 2015.

2.

On June 7, 2016, Plaintiff filed a Motion to Compel Compliance with General Order 56

21
22
23

in order to be able to inspect Defendant’s property. Defendant did not file a response.
3.

On July 5, 2016, the Court set a Case Management Conference for July 21, 2016 and also

directed Defendant to confer with Plaintiff regarding holding an inspection of its property.

24

4.

25

inspect the property on August 5, 2016.

26

5.

27

2016.

The Parties met and conferred on July 12, 2016 and agreed to allow Plaintiff’s expert to

Subsequently, Defendant provided Plaintiff with its own CASp report from June 30,

28

Stipulation and [Proposed] Order

1

1

6.

2

expert conduct an inspection would no longer be necessary.

3
4

7.

6

On July 18, 2016, Plaintiff notified Defendant of his willingness to rely on Defendant’s

CASp report for purposes of resolving injunctive relief.
8.

5

After having an opportunity to review the report, Plaintiff determined that having his own

Plaintiff is in the process of putting together a formal settlement demand. The Parties

believe that resources should be conserved in order to provide the best chance of resolving this
matter through continuing negotiations.

7

9.

8

set for July 21, 2016 at 11:00 a.m. be continued to October 27, 2016, at 11:00 a.m., or the first

9

date thereafter that is available on the Court’s calendar, so that the Parties can continue to engage

For the above stated reasons, the Parties stipulate that the Case Management Conference

10

in settlement discussions. The Parties also stipulate that Plaintiff’s Motion to Compel (Dkt. 18)

11

be taken off calendar. Lastly, the Parties request that the Court continue the deadline for Plaintiff

12
13

to file his “Notice of Need for Mediation” until September 15, 2016.
Respectfully submitted,

14
15

Dated: July 18, 2016

/s/ Irene Karbelashvili
Irene Karbelashvili, Attorney for Plaintiff
John Rodgers

Dated: July 18, 2016

/s/ Norine Busser___________________
Norine Busser, Attorney for Defendant
Dajasato Bolles, LLC

16
17
18
19
20
21
22

FILER’S ATTESTATION
Pursuant to Local Rule 5-1, I, Irene Karbelashvili, hereby attest that I received the
concurrence of Defendant’s counsel in the filing of this document

23
24

By:

25

/s/ IreneKarbelashvili
IRENE KARBELASHVILI

26
27
28

Stipulation and [Proposed] Order

2

[PROPOSED] ORDER

1
2

PURSUANT TO THE PARTIES’ STIPULATION, AND GOOD CAUSE

3
APPEARING, IT IS HEREBY ORDERED that the Case Management Conference set for July
4
5
6
7
8
9

October 27, 2016
11:00am
21, 2016, is hereby continued to ___________________ at ______. The Parties’ Joint Case
October 20, 2016
Management Statement is due no later than _____________________. It is further ordered that

Plaintiff’s Motion to Compel Compliance with General Order 56 be taken off calendar. Plaintiff
is to file “Notice of Need for Mediation” no later than September 15, 2016.
IT IS SO ORDERED.

10
11

Dated: July 19, 2016

_________________________
United States Magistrate Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Stipulation and [Proposed] Order

3