Gonzalez v. Fallanghina, LLC et al

Filing 28

AMENDED ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING RULE 26(F) REPORT AND CASE MANAGEMENT STATEMENT FILING DEADLINES. Signed by Magistrate Judge Maria-Elena James on 6/28/2016. (rmm2S, COURT STAFF) (Filed on 6/28/2016)

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1 2 3 4 5 6 7 8 GARRY G. MATHIASON, Bar No. 51119 KAI-CHING CHA, Bar No. 218738 DANTON W. LIANG, Bar No. 303487 LITTLER MENDELSON, P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Telephone: 415.433.1940 Fax No.: 415.399.8490 Email: gmathiason@littler.com kcha@littler.com dliang@littler.com Attorneys for Defendants FALLANGHINA, LLC DBA PAISAN OSTERIA; LONGBRANCH BERKELEY LLC; HAL BRANDEL; AND WALTER WRIGHT 9 10 11 12 ROBERT DAVID BAKER, Bar No. 87314 ROBERT DAVID BAKER, INC. 80 South White Road San Jose, CA 95127 Telephone: 408.251.3400 Facsimile: 408.251.3401 Email: rbaker@rdblaw.net 13 14 Attorney for Plaintiff JOSE GONZALEZ 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 19 20 JOSE GONZALEZ, on behalf of himself and all others similarly situated, 21 Plaintiffs, 22 v. 23 24 25 26 FALLANGHINA, LLC DBA PAISAN OSTERIA; LONGBRANCH BERKELEY LLC; HAL BRANDEL; AND WALTER WRIGHT, Case No. 16-cv-01832-MEJ JOINT STIPULATION AND AMENDED [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND EXTENDING RULE 26(F) REPORT, INITIAL DISCLOSURES, AND CASE MANAGEMENT STATEMENT FILING DEADLINES Defendants. 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND EXTENDING RELATED FILING DEADLINES CASE NO. 16-cv-01832-MEJ 1 WHEREAS, Plaintiff JOSE GONZALEZ (“Plaintiff”) filed a First Amended 2 Complaint (“Complaint”) against Defendants FALLANGHINA, LLC DBA PAISAN OSTERIA, 3 LONGBRANCH BERKELEY LLC, HAL BRANDEL, AND WALTER WRIGHT (collectively 4 “Defendants”) in the Northern District of California on May 31, 2016; 5 6 WHEREAS, on April 11, 2016, Judge Maria-Elena James issued an Order Setting Initial Case Management Conference and ADR Deadlines; 7 WHEREAS, on May 17, 2016, attorneys Garry Mathiason, Kai-Ching Cha and 8 Danton Liang filed their respective Notices of Appearance in this litigation (Doc No. 12, 16, 17), and 9 attorney Scott R. Dallas filed a Notice of Change of Counsel, withdrawing as attorney of record for 10 11 12 Defendants (Doc. No. 19). WHEREAS, Judge James scheduled the Initial Case Management Conference to be heard on July 7, 2016 at 10:00 a.m.; 13 WHEREAS, Judge James set the last day to file a Rule 26(f) Report, complete initial 14 disclosures or state objection in Rule 26(f) Report, and file a Joint Case Management Statement on 15 June 30, 2016 ; 16 WHEREAS, attorney Kai-Ching Cha, who will be the primary shareholder 17 representing Defendants in this litigation, is not available for the Initial Case Management 18 Conference on July 17, 2016 due to out of state travel from July 5, to July 15, 2016; 19 20 21 22 23 24 WHEREAS, the parties have agreed to request that the Initial Case Management Conference be continued to July 21, 2016; WHEREAS, the parties also seek to extend the filing deadlines for the Rule 26(f) Report, initial disclosures, and Joint Case Management Statement to July 14, 2016; WHEREAS, the parties’ request is not made for the purpose of delay or any other improper purpose. 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND EXTENDING RELATED FILING DEADLINES 1. CASE NO. 16-cv-01832-MEJ 1 THEREFORE, in light of the parties’ agreement to reschedule the Initial Case 2 Management Conference and extend the related deadlines and in an effort to minimize costs, the 3 parties stipulate and agree as follows: 4 5 6 7 8 9 1. The parties’ July 7, 2016 Initial Case Management Conference shall be continued to July 21, 2016; 2. The parties will file the Rule 26(f) Report and Joint Case Management Statement and exchange initial disclosures on or before July 14, 2016. IT IS SO STIPULATED. LITTLER MENDELSON, P.C. Dated: June 27, 2016 10 11 /s/ Kai-Ching Cha KAI-CHING CHA 12 Attorneys for Defendants FALLANGHINA, LLC DBA PAISAN OSTERIA; LONGBRANCH BERKELEY LLC; HAL BRANDEL; AND WALTER WRIGHT 13 14 15 16 17 ROBERT DAVID BAKER, INC. Dated: June 27, 2016 18 19 /s/ Robert David Baker ROBERT DAVID BAKER, ESQ. 20 Attorney for Plaintiff JOSE GONZALEZ 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND EXTENDING RELATED FILING DEADLINES 2. CASE NO. 16-cv-01832-MEJ AMENDED [PROPOSED] ORDER 1 2 Based upon the joint stipulation of both parties in the above-captioned case, and good 3 4 cause appearing, it is hereby ordered that the parties’ July 7, 2016 Initial Case Management 28 Conference shall be continued to July 21, 2016. It is also hereby ordered that the parties’ deadline of 5 June 30, 2016 to file a Rule 26(f) Report and Joint Case Management Statement and exchange initial 6 disclosures be extended to July 14, 2016. 7 IT IS SO ORDERED. A joint case management statement shall be filed by July 21, 2016. 8 9 10 June 28 Dated: _______________, 2016 _____________________________________ HONORABLE MARIA-ELENA JAMES United States Magistrate Judge 11 12 13 Firmwide:141188906.1 089340.1001 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING CMC AND EXTENDING RELATED FILING DEADLINES 3. CASE NO. 16-cv-01832-MEJ

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