Pham et al

Filing 34

ORDER Vacating Case Management Conference on 9/15/2008 re 33 Case Management Statement. The Court to set further case management conference date, if necessary, in its Order on Plantiff's Motion for Summary Judgment. Signed by Judge James Ware on 9/11/2008. (ecg, COURT STAFF) (Filed on 9/11/2008)

1 Ronald S. Kravitz, Esq. (SBN: 129704) [e-mail] 2 Matthew Borden, Esq. (SBN: 214323) [e-mail] 3 LINER YANKELEVITZ SUNSHINE & REGENSTREIF LLP 4 199 Fremont Street, 20th Floor San Francisco, CA 94105-2255 5 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Plaintiffs and Counter-Defendants 7 Mai Christina Pham, John Pham, Mai Nguyen, Hung Perry Nguyen, Joyce Freeman, and 8 Christopher Hake 9 10 11 12 13 In re 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) COMUNITY LENDING, INCORPORATED, a ) California corporation, ) ) Debtor. ) ) ) MAI CHRISTINA PHAM, JOHN PHAM, MAI ) ) NGUYEN, HUNG PERRY NGUYEN, and ) JOYCE FREEMAN, ) ) Plaintiffs, ) ) vs. ) COMUNITY LENDING, INCORPORATED, a ) California corporation, and Does 1 through 10, ) ) inclusive, ) ) Defendants. )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case No. C 08-00201 JW Honorable James Ware Bankruptcy Case No. 08-50030 (MM) Chapter 11 Adv. Proc. No. 08-05006 JOINT FURTHER CASE MANAGEMENT CONFERENCE STATEMENT Date: September 15, ORDER VACATING CASE2008 Time: 10:00 a.m. MANAGEMENT CONFERENCE Department: Courtroom 8, 4th Floor

Case No. C 08-00201 JW JOINT FURTHER CASE MANAGEMENT CONFERENCE STATEMENT
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On April 8, 2008, the Court issued a Scheduling Order, which required the parties to submit

2 a joint case management statement 10 days before the further case management conference that is 3 currently set for September 15, 2008. Since the initial case management conference, discovery has 4 been proceeding. Plaintiffs have filed a motion for summary judgment that is set to be heard on 5 October 6, 2008. In light of the proximity of that hearing, the parties request that the Court 6 continue the status conference currently set for September 15, 2008, and hold a further case 7 management conference, as necessary, on October 6, 2008, after the hearing on the motion for 8 summary judgment. 9 The discovery cutoff in this case is December 15, 2008, and expert disclosures are

10 currently due on September 13, 2008. The parties stipulate to extend the date for expert disclosures 11 until December 15, 2008, with rebuttal expert disclosures due on December 31, 2008. The parties 12 further stipulate to extend the deadline for the completion of expert discovery to January 15, 2008. 13 The parties believe that ADR would be beneficial in this case and are currently attempting

14 to schedule a mediation prior to the hearing on Plaintiffs' motion for summary judgment. 15 16 Dated: September 5, 2008 17 18 19 20 21 22 23 Dated: September 5, 2008 24 25 26 27 28 1 Case No. C 08-00201 JW JOINT FURTHER CASE MANAGEMENT CONFERENCE STATEMENT
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LINER YANKELEVITZ SUNSHINE & REGENSTREIF LLP

By: /s/ Matthew Borden Matthew Borden Attorneys for Plaintiffs Mai Christina Pham, John Pham, Mai Nguyen, Hung Perry Nguyen, and Joyce Freeman

MURRAY & MURRAY, A Professional Corporation

By: /s/ Robert A. Franklin Robert A. Franklin Attorneys for Defendant ComUnity Lending, Incorporated

1 Dated: September 5, 2008 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: September 11, 2008 *** ORDER ***

LAW OFFICES OF JESSE L. B. HILL

By: /s/ Jesse L. B. Hill Jesse L. B. Hill Attorneys for Counter-Claim Defendants Katherine Buckmeyer, Jack Ferguson, John Nelson, Jeannine Rupert, & Phyllis Christich

In light of the parties' representations, the Court VACATES the further Case Management Conference presently scheduled for September 15, 2008. The Court will set a confernece, if necessary, in its Order addressing Plaintiff's Motion for Summary Judgment.

_____________________________ JAMES WARE United States District Judge

2 Case No. C 08-00201 JW JOINT FURTHER CASE MANAGEMENT CONFERENCE STATEMENT
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