Cruz v. International Collection Corporation et al

Filing 46

AMENDED ORDER GRANTING 44 MOTION TO CONTINUE. Final date for hearing dispositive motions is 11/13/2009. Final Pretrial Conference set for 12/4/2009 11:00 AM. Jury Trial set for 12/11/2009 1:30 PM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 5/20/2009. (jflc2, COURT STAFF) (Filed on 5/20/2009)

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Fred W. Schwinn (SBN 225575) CONSUMER LAW CENTER, INC. 12 South First Street, Suite 1014 San Jose, California 95113-2418 Telephone Number: [phone] Facsimile Number: [phone] Email Address: [e-mail] Attorney for Plaintiff HERMINIA LORENZO CRUZ

**E-Filed 5/20/09**

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION HERMINIA LORENZO CRUZ, v. Plaintiff, Case No. C08-00991-JF-RS AMENDED ORDER APPROVING 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). On January 5, 2009, the Court continued all deadlines in this case for 90 days due to the parties ongoing discovery efforts and the Plaintiff's poor health. (Doc. 42). 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 -1STIPULATION AND JOINT REQUEST TO CONTINUE ALL SCHEDULED DATES FOR 120 DAYS Case No. C08-00991-JF-RS

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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 ill and unable to attend his deposition. Additionally, Defendants have informed Plaintiff that Luigi S. Rossi has moves out of the state and will require a Subpoena for his deposition. Plaintiff was able to complete the Rule 30(b)(6) deposition in this case on February 24, 2009. 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 by Plaintiff's daughter that Plaintiff has contracted pneumonia and is still convalescing in the Philippines under the care of her relatives. Plaintiff may be absent from the country for up to an additional 120 days, if she returns at all. Therefore, the parties have not been able to schedule and attend a Mediation in this case to date. Due to the Plaintiff's poor health, inability to travel and absence from the country, calendering conflicts of counsel for the parties, 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. /// /// /// /// -2STIPULATION AND JOINT REQUEST TO CONTINUE ALL SCHEDULED DATES FOR 120 DAYS Case No. C08-00991-JF-RS

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Dated: April 27, 2009

/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 -[P-ROPO--ED] ORDER -- -------- S -----

Dated: April 27, 2009

Having considered the parties Stipulation and Joint Request to Continue all Scheduled Dates for 120 Days, the request is GRANTED. The case management dates in this case are continued to the following dates: Current Date ADR Deadline Close of Fact Discovery 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 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 November 13, 2009 December 4, 2009 December 11, 2009 Continued Date August 28, 2009 August 28, 2009 September 15, 2009 October 13, 2009

IT IS SO ORDERED. Honorable Jeremy Fogel United States District Judge

Dated: 5/20/09

-3STIPULATION AND JOINT REQUEST TO CONTINUE ALL SCHEDULED DATES FOR 120 DAYS Case No. C08-00991-JF-RS