San Jose Options, Inc.-v-Ho Chung Yeh

Filing 46

ORDER GRANTING 45 STIPULATION. Case Management Conference continued to 7/28/2015 at 01:30 PM. Case Management Statement due by 7/21/2015. Signed by Judge Kandis A. Westmore on 03/16/2015. (kawlc2S, COURT STAFF) (Filed on 3/16/2015)

1
2
3
4

MATTHEW D. METZGER (SBN 240437)
[e-mail]
BELVEDERE LEGAL, PC
1777 Borel Place, Suite 314
San Mateo, California 94402
Telephone:
[phone]
Facsimile:
[phone]

5
Attorneys for Plaintiff San Jose Options, Inc.

6
7
8
9
10
11
12

Andres F. Quintana (SBN 190525)
John M. Houkom (SBN 203240)
QUINTANA LAW GROUP
A Professional Law Corporation
26135 Mureau Road, Suite 101
Calabasas, California 91302
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]

13
14

Attorneys for Defendant HO CHUNG YEH

15

UNITED STATES DISTRICT COURT

16

NORTHERN DISTRICT OF CALIFORNIA

17
18

SAN JOSE OPTIONS INC.,
a California corporation,

19
Plaintiff,

20
21
22
23
24
25
26
27
28
Quintana Law
Group, APC

vs.

CASE NO. C 14-00500 KAW
JOINT STIPULATION TO CONTINUE
CASE MANAGEMENT CONFERENCE;
PROPOSED ORDER
Complaint filed: January 31, 2014

HO CHUNG YEH, an individual, a/k/a
SEBASTIAN, a/k/a MIKE, d/b/a
PAINTBARFACTORY, d/b/a
PAINTBARFACTORY.COM, d/b/a
PERSPICACATY INTERNATIONAL CORP.,
a sole proprietorship, and DOES 1-10, inclusive
Defendants.

1

Pursuant to Northern District Local Rule 16-2(d) and (e) and Rule 7-12, plaintiff SAN

2

JOSE OPTIONS INC. (“Plaintiff”) and defendant HO CHUNG YEH (“Defendant”), by and

3

through their counsel of record, stipulate as follows:
RECITALS

4
5

1.

On October 29, 2014 [docket 39], this Court continued the Case Management

6

Conference to March 17, 2015, so that the parties could pursue potential resolution of this matter

7

through alternative dispute resolution rather than incurring additional fees and costs on litigation;

8
9
10

2.

On February 26, 2015 [docket 44], the Northern District appointed the Hon.

Suzanne Nusbaum as mediator in this matter;
3.

On March 5, 2015, Judge Nusbaum conducted an initial conference call with

11

counsel for the parties wherein the parties, among other things, agreed to mediate the case on

12

March 17, 2015, beginning at 9:00 a.m. in San Mateo, California. The parties agreed to mediate

13

on that date since Defendant had to be out of the United States for approximately 60 to 75 days

14

beginning on March 20, 2015;

15
16
17
18
19
20
21
22
23

4.

On March 6, 2015, Judge Nusbaum informed counsel for the parties that she

needed to canceled the March 17, 2015 mediation due to a death in her family;
5.

Later on March 6, 2015, Judge Nusbaum provided the parties with additional

mediation dates, including June 12, 2015;
6.

On March 10, 2015, Defendant’s counsel notified Judge Nusbaum that Defendant

was available to mediate the case on June 12, 2015;
7.

On March 11, 2015, Plaintiff’s counsel notified Judge Nusbaum that Plaintiff was

available to mediate the case on June 12, 2015;
8.

On March 12, 2015, Judge Nusbaum informed counsel for the parties that she was

24

no longer available on June 12, 2015 for mediation and provided the following alternative dates in

25

the month of June: 4, 5, 22, 24, 25, 26, 29 or 30;

26
27
28
Quintana Law
Group, APC

9.

On March 13, 2015, counsel for Plaintiff and Defendant notified Judge Nusbaum

that both parties were available to mediate the case on June 22 or June 24, 2015;
10.

Also, on March 13, 2015, Judge Nusbaum confirmed the mediation date of June 22,

-2-

1
2
3
4
5
6

2015, to be conducted at Plaintiff’s counsel’s office.
11.

Plaintiff and Defendant want to try to mediate this case first before either side

incurs significant litigation fees and costs;
12.

Counsel for Defendant is scheduled to commence a five day trial in Southern

California on July 6, 2015;
13.

Given that (a) the parties are still trying to set a mediation date for June of 2015 but

7

have been unable to due to no fault of their own, (b) are working with Judge Nusbaum and her

8

calendar to set a mediation date as soon as possible, (c) it remains unlikely that mediation will be

9

completed in this matter until the end of June of 2015, counsel for Plaintiff and Defendant would

10

respectfully request that the Case Management Conference be continued to July 21, 2015, or any

11

date thereafter that is convenient for the Court’s calendar.

12

STIPULATION

13
14
15

Based on the foregoing Recitals, and with the Court’s approval, Plaintiff and Defendant
agree and stipulate as follows:
1.

The Case Management Conference presently scheduled for March 17, 2015, at 1:30

16

p.m. shall, with the Court’s approval, be continued to July 21, 2015 at 1:30 p.m. or any convenient

17

date thereafter;

18
19
20

2.

The parties shall submit a joint case management statement 7 days in advance of

the date of the further Case Management Conference; and
3.

All deadlines related to the case management conference date shall be reset to

21

coordinate with the new initial case management conference date set by the Court.

22

IT SO STIPULATED.

23

DATED: March 13, 2015

BELVEDERE LEGAL, PC

24
25
26
27

By: /s/ Matthew D. Metzger
Matthew D. Metzger
Attorneys for Plaintiff SAN JOSE OPTIONS,
INC.

28
Quintana Law
Group, APC

-3-

1
2

DATED: March 13, 2015

QUINTANA LAW GROUP
A Professional Law Corporation

3
4
5
6
7
8
9
10
11
12

By: /s/ Andres Quintana
Andres F. Quintana
John M. Houkom
Attorneys for Defendant Ho Chung Yeh
HO CHUNG YEH

ATTESTATION OF FILING
Pursuant to General Order 45.X.B, I attest that I have obtained concurrence in the filing of
this document from the parties listed above.
/s/ Andres F. Quintana
Andres F. Quintana, Esq.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Quintana Law
Group, APC

-4-

[PROPOSED] ORDER

1
2

PURSUANT TO THE FOREGOING STIPULATION, IT IS ORDERED THAT:
April 14,

3

1.

The Case Management Conference presently scheduled for March 17, 2015, at 1:30
8

4
5
6
7

p.m. shall be continued to July 21, 2015 at 1:30 p.m. [or][______________________];
2.

The parties shall submit a joint case management statement 7 days in advance of

the date of the further Case Management Conference; and
3.

All deadlines related to the case management conference date shall be reset to

8

coordinate with the new initial case management conference date set by the Court.

9

PURSUANT TO STIPULATION, IT IS SO ORDERED.

10
11

13
16
Dated: March _____, 2015

12
13

By:
Honorable Kandis Westmore
United States Magistrate Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Quintana Law
Group, APC

-5-