Tuero v. Aaron Brothers, Inc. et al

Filing 48

STIPULATION AND CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 7/7/2011 03:15 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 4/8/11. (lrc, COURT STAFF) (Filed on 4/8/2011)

Tijero v. Aaron Brothers, Inc. et al

Doc. 48

1 AKIN GUMP STRAUSS HAUER & FELD LLP 2 GARY M. MCLAUGHLIN (SBN 217832) 3 [e-mail]

CATHERINE A. CONWAY (SBN 98366) AANAND MEHTANI (SBN 254556) [e-mail] 2029 Century Park East, Suite 2400 Telephone: [phone]

4 [e-mail]

5 Los Angeles, California 90067-3012 6 Facsimile:

7 Attorneys for Defendant Aaron Brothers, Inc. 8 9 10

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No. 4:10-cv-01089-SBA STIPULATION AND ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE Date of Removal: March 15, 2010

11 JOSE TIJERO, et al. 12 13

Plaintiffs, vs.

14 AARON BROTHERS, INC, et al. 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendants.

Case No. 4:10 ­cv-01089-SBA STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE
Dockets.Justia.com

1 2

STIPULATION Pursuant to Local Rule 7-12, Plaintiffs Jose Tijero and Amanda Godfrey

3 (collectively, "Plaintiffs") and Defendant Aaron Brothers, Inc. ("Defendant") enter 4 this Stipulation to continue the initial Case Management Conference. 5 6 2010; 7

WHEREAS, Plaintiffs filed a Second Amended Complaint on December 1,

WHEREAS, Defendant filed a motion pursuant to Rule 12(b)(6) to dismiss

8 certain causes of action alleged in the Second Amended complaint on December 20, 9 2010; 10

WHEREAS, on its own motion, the Court continued the hearing date on

11 Defendant's motion to dismiss to March 29, 2011; 12

WHEREAS, on its own motion, the Court subsequently took the hearing date

13 on Defendant's motion to dismiss off calendar; 14

WHEREAS, on April 1, 2011, the Court issued an order (1) granting

15 Defendant's motion to dismiss with leave to amend, and (2) providing Plaintiffs 16 with 21 days to file a Third Amended Complaint; 17

WHEREAS, the initial Case Management Conference is currently set for

18 April 28, 2011 at 3:15 p.m.; 19

WHEREAS, Defendant has not yet answered any complaint that has been

20 filed in this action; 21 22

WHEREAS, the Parties have not yet engaged in any discovery; and WHEREAS, the Parties believe it would be premature to hold the initial Case

23 Management Conference as scheduled, in light of the Court's order regarding 24 Defendant's motion to dismiss and Plaintiffs' anticipated filing of a Third Amended 25 Complaint, and wish to avoid the unnecessary expense of preparing for the initial 26 case management conference while the operative complaint has not yet been filed; 27 /// 28 /// 1 Case No. 4:10 ­cv-01089-SBA STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE

1

Therefore, the Parties HEREBY AGREE TO AND STIPULATE, by and

2 through their respective attorneys of record, subject to the Court's permission, that 3 the initial Case Management Conference be continued from April 28, 2011 to May 4 23, 2011 at 3:15 p.m., or such other date thereafter as the Court may so desire. 5 IT IS SO STIPULATED. 6 7 Dated: April ___, 2011 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 4:10 ­cv-01089-SBA STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE

BADAME & ASSOCIATES, APC

By:____________________________ Michele E. Pillette Kristopher P. Badame Attorneys for Plaintiffs Jose Tijero and Amanda Godfrey

Dated: April ___, 2011

AKIN GUMP STRAUSS HAUER & FELD LLP By:____________________________ Gary M. McLaughlin Attorneys for Defendant Aaron Brothers, Inc.

1 2

] ORDER The Court, having reviewed the Stipulation of the Parties, and good cause

3 appearing for the relief requested by the Stipulation, HEREBY ORDERS THAT: 4

The initial Case Management Conference is continued from January 13, 2011

5 to July 7, 2011 at 3:15 p.m. The parties shall meet and confer prior to the 6 conference and shall prepare a joint Case Management Conference Statement which 7 shall be filed no later than ten (10) days prior to the Case Management Conference 8 that complies with the Standing Order for All Judges in the Northern District of 9 California and the Standing Order of this Court. Plaintiffs shall be responsible for 10 filing the statement as well as for arranging the conference call. All parties shall be 11 on the line and shall call [phone] at the above indicated date and time. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Case No. 4:10 ­cv-01089-SBA STIPULATION AND [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Dated: April 8, 2011

By: Saundra B. Armstrong United States District Judge

1 2 3

PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 2029 4 Century Park East, Suite 2400, Los Angeles, California 90067. On April 8, 2011, I served the foregoing document(s) described as: STIPULATION AND 5 [PROPOSED] ORDER TO CONTINUE THE INITIAL CASE MANAGEMENT CONFERENCE on the interested party(ies) below, using the 6 following means:
7 8 9

All parties identified for Notice of Electronic Filing generated by the Court's CM/ECF system under the referenced case caption and number

BY ELECTRONIC MAIL OR ELECTRONIC TRANSMISSION. Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I 10 caused the document(s) to be sent to the respective e-mail address(es) of the party(ies) as stated above. I did not receive, within a reasonable time after the 11 transmission, any electronic message or other indication that the transmission was unsuccessful.

12

13 at whose direction the service was made. 14 15 16 17 Carmen M. Ayala 18 Print Name 19 20 21 22 23 24 25 26 27 28

I declare that I am employed in the office of a member of the bar of this court

Executed on April 8, 2011 at Los Angeles, California.

Signature

Case No. 4:10 ­cv-01089-SBA PROOF OF SERVICE