Ramirez v. Bilingual Broadcasting Foundation Inc

Filing 27

ORDER Setting Status Conference per 26 . Status Report due by 11/10/2011. Status Conference set for 11/17/2011 10:30 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Laurel Beeler.. Signed by Judge Laurel Beeler on 9/27/2011. (lblc2, COURT STAFF) (Filed on 9/27/2011)

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THOMAS E. FRANKOVICH (State Bar No. 074414)
THOMAS E. FRANKOVICH,
A Professional Law Corporation
4328 Redwood Hwy, Suite 300
San Rafael, CA 94903
Telephone:
415/674-8600
Facsimile:
415/674-9900

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Attorneys for Plaintiff IRMA RAMIREZ

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Plaintiff,
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v.
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BILINGUAL BROADCASTING
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FOUNDATION, INC., a California
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Corporation dba KBBF 89.1 FM RADIO, )
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Defendants.
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_____________________________ )
IRMA RAMIREZ, an individual,

CASE NO. CV-10-3145-LB
PLAINTIFFS’ EX PARTE REQUEST
FOR A STATUS CONFERENCE AND
[PROPOSED] ORDER SETTING A
STATUS CONFERENCE

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I, Thomas E. Frankovich, declare that I am an attorney duly licensed to

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practice in all the courts in the state of California and if called as a witness and

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duly sworn, I would and could competently testify to the following based upon my

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own personal knowledge:

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1.

In March of 2011, the parties reached a settlement of all issues

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present through plaintiff’s complaint herein, On March 11, 2011 notified this

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Court of the settlement reached between the parties.

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2.

On March 9, 2011, plaintiff’s counsel faxed the proposed

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Mutual Settlement Agreement (hereinafter “Agreement”) to defendants’ counsel

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for review and comment.

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3.

On March 10, 2011, The court clerk requested we provide the court

something stating the status of settlement.
PLAINTIFFS’ EX PARTE REQUEST FOR A STATUS CONFERENCE

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4.

On March 11, 2011 plaintiff filed a Notice of Settlement.

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5.

On April 5, 2011 plaintiff faxed the executed Agreement signed by

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IRMA RAMIREZ on March 17, 2011 to defendants’ counsel to include the

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Stipulation For Entry of Judgment for signature.
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On May 4, 2011 BILINGUAL BROADCASTING FOUNDATION, INC., a

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California Corporation dba KBBF 89.1 FM RADIO sent the fist settlement payment but

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did not send the signed Agreement or Stipulation for Entry of Judgment .
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On June 1, 2011 and July 1, 2011 plaintiff did not receive the

settlement payments, Agreement or Stipulation for Entry of Judgment .
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On July 20, 2011 Pepper Maupin, our office manager spoke with Ms.

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Palandati and inquired why we had not received either the signed Agreement,

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Stipulation For Entry of Judgment or payments. Ms. Palamdati instructed Ms.

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Maupin to resend via fax the documents and she would resolve the issue as her

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clients were to send them with the first payment. Ms. Maupin faxed the

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Agreement and Stipulation to defense counsel Ms. Palandati.
9.

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On August 23, 2011 my office manager Pepper Maupin left a voice

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mail and message with Ms. Palandati’s assistant and followed up by another email

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to Ms. Palandati from my office stating the issue had not been resolved.
10.

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To date September 6, 2011 defense counsel has not responded to

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phone calls or emails. However, today we received a second payment from

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BILINGUAL BROADCASTING FOUNDATION, INC., a California Corporation dba KBBF

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89.1 FM RADIO, but no signed Agreement or Stipulation For Entry of Judgment

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As a result of counsel’s failure to communicate with plaintiff’s

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counsel, the settlement remains unconsummated.

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PLAINTIFFS’ EX PARTE REQUEST FOR A STATUS CONFERENCE
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12. If BILINGUAL BROADCASTING FOUNDATION, INC., a California

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Corporation dba KBBF 89.1 FM RADIO, executes the Settlement Agreement and

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Stipulation For Entry of Judgment as agreed to plaintiff can then file a dismissal.

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Thus, the plaintiff requests that this case be reactivated and that a status

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conference or order to show cause be set.
13. Thomas E. Frankovich, attorney for plaintiff IRMA RAMIREZ will be

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out of the country and unavailable from October 3, 2011 through October 31,

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2011. A Court date is requested after November 5, 2011.

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Respectfully submitted,

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DATED:

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, 2011

THOMAS E. FRANKOVICH,
A PROFESSIONAL LAW CORPORATION

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By:________________________
Thomas E. Frankovich
Attorneys for Plaintiff IRMA RAMIREZ

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PROPOSED ORDER

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IT IS HEREBY ORDERED that plaintiffs’ Ex Parte Request for a Status

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Conference or Order To Show Cause is hereby granted.
IT IS FURTHER ORDERED THAT a status conference is hereby set for

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November 17

, 2011 at 11 :30 a.m. 10:30 a.m.

Or

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IT IS FURTHER ORDERED THAT defendant BILINGUAL BROADCASTING

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FOUNDATION, INC., a California Corporation dba KBBF 89.1 FM RADIO show cause as to why

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settlement documents have not been executed. The Order To Show Cause is hereby

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set for

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, 2011 at 11 :30 a.m. It is also Ordered that

PLAINTIFFS’ EX PARTE REQUEST FOR A STATUS CONFERENCE
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a declaration on behalf of BILINGUAL BROADCASTING FOUNDATION, INC., a California

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Corporation dba KBBF 89.1 FM RADIO relative to the settlement be filed ______ days

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before this hearing. The parties shall submit a joint status report by November 10, 2011.

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Dated: September 27, 2011
Magistrate Judge Laurel Beeler
UNITED STATES DISTRICT JUDGE

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PLAINTIFFS’ EX PARTE REQUEST FOR A STATUS CONFERENCE
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