Cruz v. International Collection Corporation et al

Filing 42

ORDER APPROVING 41 STIPULATION AND JOINT REQUEST TO CONTINUE ALL SCHEDULED DATES FOR 120 DAYS. Signed by Judge Jeremy Fogel on 1/5/09. (jflc2, COURT STAFF) (Filed on 1/5/2009)

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1 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 Fred W. Schwinn (SBN 225575) CONSUMER LAW CENTER, INC. 12 South First Street, Suite 1014 San Jose, California 95113-2418 Telephone Number: (408) 294-6100 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorney for Plaintiff HERMINIA LORENZO CRUZ **E-Filed 1/5/08** UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION HERMINIA LORENZO CRUZ, v. Plaintiff, Case No. C08-00991-JF-RS STIPULATION AND JOINT REQUEST TO CONTINUE ALL SCHEDULED DATES FOR 120 DAYS INTERNATIONAL COLLECTION CORPORATION, a California corporation, and CHARLES D. HENDRICKSON, individually and in his official capacity, Defendants. On June 3, 2008, the parties filed a Joint Case Management Statement and Federal Rule of Civil Procedure 26(f) Discovery Plan (Doc. 16) wherein the parties proposed a case management schedule in this case. On June 19, 2008, the Court vacated the Case Management Conference and adopted the parties proposed case management schedule. (Doc. 20). Thus far the parties in this case have conducted written discovery, exchanged various documents and the Plaintiff's deposition has been taken by Defendants. Plaintiff has deposed Defendant, Charles D. Hendrickson, and a third-party, Franklin Jay Love. Plaintiff has also notice the depositions of Luigi S. Rossi and International Collection Corporations' Rule 30(b)(6) witness. Said depositions were to be held in Los Angeles on December 10 and 12, 2009, but Luigi S. Rossi was very -1STIPULATION AND JOINT REQUEST TO CONTINUE ALL SCHEDULED DATES FOR 90 DAYS Case No. C08-00991-JF-RS 1 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 ill and unable to attend his deposition. Additionally, Defendants had resisted in providing Luigi S. Rossi's home address so that he could be served with a Subpoena for his deposition. Defendants have now agree to provide Luigi S. Rossi's home address and his deposition will be rescheduled for late January or early February 2009. Additionally, Plaintiff was unable to take the Rule 30(b)(6) deposition as scheduled and the parties have agreed that it will be rescheduled to coincide with the deposition of Luigi S. Rossi. With regard to Mediation, Plaintiff had taken a fall, was hospitalized and was unable to participate in a Mediation in this case before the presumptive deadline. On September 3, 2008, the parties requested a 90 day extension of the ADR deadline (Doc. 28) which the Court granted on September 10, 2008. (Doc. 30). Thereafter, the parties engaged in written discovery and the Plaintiffs deposition was taken. However, before the parties could schedule a Mediation, Plaintiff became ill and has sought medical treatment in the Philippines. Plaintiff's counsel has been informed that Plaintiff may be absent from the country for up to 90 days. Therefore, the parties have not been able to schedule and attend a Mediation in this case to date. Due to the calendering conflicts of counsel for the parties, the witnesses and scheduling the travel that will be required to complete the depositions and conduct a Mediation in this case, the parties jointly seek a 120 day continuance of all dates currently set in this matter. Dated: December 23, 2008 /s/ Fred W. Schwinn Fred W. Schwinn, Esq. Attorney for Plaintiff HERMINIA LORENZO CRUZ /s/ Larry Rothman Larry Rothman, Esq. Attorney for Defendants INTERNATIONAL COLLECTION CORPORATION, and CHARLES D. HENDRICKSON Dated: December 23, 2008 -2STIPULATION AND JOINT REQUEST TO CONTINUE ALL SCHEDULED DATES FOR 90 DAYS Case No. C08-00991-JF-RS 1 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 IT IS SO ORDERED. 1/5/09 ADR Deadline Close of Fact Discovery --------P---S-----] ORDER [PRO - O - ED Having considered the parties Stipulation and Joint Request to Continue all Scheduled Dates for 90 Days, the request is GRANTED. The case management dates in this case are continued to the following dates: Current Date December 31, 2008 December 31, 2008 January 14, 2009 February 13, 2009 February 27, 2009 March 6, 2009 March 20, 2009 March 27, 2009 April 17, 2009 Continued Date April 30, 2009 April 30, 2009 May 15, 2009 June 13, 2009 June 27, 2009 July 6, 2009 July 10, 2009 July 17, 2009 August 7, 2009 Fed. R. Civ. P. 26(a)(3) Disclosures Last Day to File Dispositive Motions Opposition to Dispositive Motions Replies to Dispositive Motions Hearing on Dispositive Motions Final Pre-Trial Conference Jury Trial Honorable Jeremy Fogel United States District Judge -3STIPULATION AND JOINT REQUEST TO CONTINUE ALL SCHEDULED DATES FOR 90 DAYS Case No. C08-00991-JF-RS

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