Balarezo v. NTH Connect Telecom Inc., et al

Filing 179

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 178 Stipulation filed by Osmin Avila, Vladimir A. Balarezo. Joint Case Management Statement due by 1/12/2012. Case Management Conference set for 1/19/2012 02:00 PM in Courtroom 3, 3rd Floor, Oakland. Signed by Judge Phyllis J. Hamilton on 12/12/11. (nah, COURT STAFF) (Filed on 12/12/2011)

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ADAM WANG (STATE BAR NUMBER 201233)
LAW OFFICS OF ADAM WANG
12 South First Street, Suite 708
San Jose, CA 95113
Tel: [phone]
Fax: [phone]

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TOMAS MARGAIN, (SBN 193555)
DAL BON & MARGAIN, APC
28 NORTH 1ST SUITE 700
SAN JOSE, CA 95113
TEL [phone]
FAX [phone]
[e-mail]

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ATTORNEY FOR PLAINTIFFS

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
VLADIMIR BALAREZO, ABELARDO
GUERRERO, VICTOR FUNEZ &
OSMIN AVILA, and on behalf of other
similarly situated

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Plaintiffs,
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vs.
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NTH CONNECT TELECOM INC., AND
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STEVEN CHEN,
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Defendants
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Case No.: 5:07-cv-05243-PJH
STIPULATION REQUESTING AN
ORDER CHANGING AND
EXTENDING TIME;
DECLARATION OF TOMAS
MARGAIN; [PROPOSED] ORDER

Plaintiffs and Defendants agree and stipulate to continue a Case
Management Conference set for December 12, 2011 to January 19, 2012 as
Plaintiffs counsel have a conflict that day and time in that they have an appearance
in Sacramento. Because both counsel want to be at this Case Management

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{00273263.DOC}

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STIPULATION; [PROPOSED] ORDER

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Conference in person, the continuance is sought. The basis is explained in the

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Declaration of Tomas E. Margain.

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Dated: December 9, 2011

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By:

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//s// Kevin Robert Allen
Kevin Robert Allen
Attorneys for Defendants
NTH CONNECT TELECOM INC., AND
STEVEN CHEN

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Dated: December 9, 2011

Tomas Margain
DAL BON & MARGAIN, APC

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By:

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//s// Tomas Margain
Tomas Margain
Attorneys for Plaintiffs

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{00273263.DOC}

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STIPULATION; [PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that the

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Case Management Conference set for December 15, 2011 shall be continued to

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January 19, 2012 at 2:00 p.m.. Parties are to file a Joint Case Management

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Statement by January 12, 2012.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: December ___ 2011

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{00273263.DOC}

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Hamilto

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Judge P

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Judge Phyllis J. Hamilton
United States DistrictDERED
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STIPULATION; [PROPOSED] ORDER

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DECLARATION OF TOMAS MARGAIN

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I, Tomas Margain, declare:
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I am an attorney admitted to practice before the United States District

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Court, and one of Plaintiffs attorneys of record. I have personal knowledge of the

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facts set forth herein and could testify competently thereto.

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2.

Adam Wang and I are co-counsel representing the Plaintiff in the case

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of Pulera v. F&B, Inc., et al 08-CV-00275 MCE-DAD pending in the Eastern

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District. On December 15 2011 at 2:00 pm. we have a Court hearing in

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Sacramento. The Court Hearing was a final pre-trial conference which was

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vacated after Defendants failed to submit their pre-trial papers. The appearance is

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now an OSC hearing to show cause why sanctions should not be imposed

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including terminating sanctions for the failure to file pre-trial filings and for

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Defendants to serve a cross-complaint.

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3.

I had planned to appear personally in the Pulera case in Sacramento

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and to have Adam Wang appear in this case. However, after speaking with Mr.

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Wang to prepare the draft of the joint CMC statement, we believe that both of us

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should be at the Case Management Conference before this Court in person. We

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want to do his so that we may both address to the Court the procedural posture of

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the case and possible trial and pre-trial dates.

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I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Dated: December 9, 2011

//s// Tomas Margain
Tomas Margain

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{00273263.DOC}

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STIPULATION; [PROPOSED] ORDER