Perez v. Nguyen et al

Filing 132

ORDER GRANTING 131 STIPULATION TO VACATE TRIAL AND PRE-TRIAL DATES. Status Report due by 7/18/2014. Status Conference set for 7/25/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 4/21/14. (jjoS, COURT STAFF) (Filed on 4/21/2014)

Case4:09-cv-04939-JSW Document131 Filed04/18/14 Page1 of 4

1
2
3
4
5

J. RANDALL ANDRADA (SBN 70000)
[e-mail]
MATTHEW W. ROMAN (SBN 267717)
[e-mail]
ANDRADA & ASSOCIATES
PROFESSIONAL CORPORATION
180 Grand Avenue, Suite 225
Oakland, California 94612
Tel.: [phone]
Fax: [phone]

6
7
8
9
10

PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

11
12
13
14

Attorney for Defendant
DUC NGUYEN, M.D.
SEYFARTH SHAW LLP
Francis J. Ortman III (SBN 213202) [e-mail]
Ari Hersher (SBN 260321) [e-mail]
Matthew J. Mason (SBN 271344) [e-mail]
Courtney K. Bohl (SBN 278812) [e-mail]
Joseph J. Orzano (SBN 262040) [e-mail]
560 Mission Street, 31st Floor
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
JOHN TIMOTHY PEREZ

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17
18

JOHN TIMOTHY PEREZ,
Plaintiff,

19
20
21
22

Case No.: 4:09-cv-04939-JSW
JOINT STIPULATION AND
[PROPOSED] ORDER TO VACATE
TRIAL AND PRE-TRIAL DATES

v.
D. NGUYEN, et al.

Trial Date: June 23, 2014
Defendants.

23
24
25
26
27
28
1
{00096454.DOC/}DOC 0866

Joint Stipulation and [Proposed] Order to Vacate Trial

Perez v. Nguyen,

et al.
4:09-cv-04939-JSW

Case4:09-cv-04939-JSW Document131 Filed04/18/14 Page2 of 4

1

The Parties to the above entitled action, Duc Nguyen, M.D. (“Defendant”) and John Timothy

2

Perez (“Plaintiff”) (collectively referred to herein as the “Parties”), by and through their undersigned

3

counsel, hereby stipulate and agree as follows:
1.

4
5

selection on June 18, 2014, and trial on June 23, 2014;

6
7

WHEREAS, this case is currently set for a pretrial conference on June 2, 2014, jury

2.

WHEREAS, the case settled at the settlement conference before Magistrate Judge

Westmore on March 7, 2014;

8
3.

9
10

signed release and settlement agreement;
4.

PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

11
12

WHEREAS, the Parties have agreed to postpone filing the stipulation of dismissal

until Plaintiff receives the settlement check;

13
14

WHEREAS, the Parties have finalized the terms of the settlement and exchanged a

5.

WHEREAS, the Parties have met and conferred, and have agreed to vacate the trial

date and related pre-trial dates;

15
6.

WHEREAS, the Parties have met and conferred, and have agreed to set a status

16
17

conference for July 18, 2014, or another date acceptable to the court.

18

///

19

///

20

///

21

///

22

///

23
///
24
25

///

26

///

27

///

28

///
2
{00096454.DOC/}DOC 0866

Joint Stipulation and [Proposed] Order to Vacate Trial

Perez v. Nguyen,

et al.
4:09-cv-04939-JSW

Case4:09-cv-04939-JSW Document131 Filed04/18/14 Page3 of 4

1

NOW THEREFORE, all Parties hereto stipulate and agree that the Court may enter an

2

Order vacating the June 23, 2014 trial date and associated pre-trial dates, and setting a status

3

conference for July 18, 2014 or another date acceptable to the court.

4
5

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
DATED: April 18, 2014

SEYFARTH SHAW LLP

DATED: April 18, 2014

By: __________/s/ Ari Hersher__________
Francis J. Ortman III
Ari Hersher
Matthew J. Mason
Courtney K. Bohl
Joseph J. Orzano
Attorneys for Plaintiff
JOHN TIMOTHY PEREZ
ANDRADA & ASSOCIATES

6
7
8
9
10

PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

11
12
13

By: __________/s/ Matthew W. Roman________
J. Randall Andrada
Matthew W. Roman
Attorneys for Defendant
DUC NGUYEN, M.D.

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

3
{00096454.DOC/}DOC 0866

Joint Stipulation and [Proposed] Order to Vacate Trial

Perez v. Nguyen,

et al.
4:09-cv-04939-JSW

Case4:09-cv-04939-JSW Document131 Filed04/18/14 Page4 of 4

1
2
3
4

[PROPOSED] ORDER
PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO
ORDERED that the June 23, 2014 trial date and all associated pre-trial dates are hereby vacated. IT
July 25, 2014 at 11:00 a.m.
IS FURTHER ORDERED that the parties shall attend a status conference on July 18, 2014.

5
6

April 21, 2014
DATED: ___________________

_________________________________
Hon. Jeffrey S. White
United States District Judge

7
8
9
10

PROFESSIONAL CORPORATION

ANDRADA & ASSOCIATES

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
{00096454.DOC/}DOC 0866

Joint Stipulation and [Proposed] Order to Vacate Trial

Perez v. Nguyen,

et al.
4:09-cv-04939-JSW