Cervantes et al v. Liu Cheng Inc. et al

Filing 76

ORDER REFERRING CASE to Magistrate Judge Patricia V. Trumbull for Settlement re 74 Stipulation. Within ten (10) days from the date of this Orderthe parties shall contact Judge Trumbull's Chambers to schedule their conference. Signed by Judge James Ware on 11/19/2009. (ecg, COURT STAFF) (Filed on 11/20/2009)

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

UNIT ED

ADAM WANG (BAR NO. 201233) ADAM PEDERSEN (BAR NO. 261091) LAW OFFICES OF ADAM WANG 12 S First Street, Suite 708 San Jose, CA 95113 Tel: [phone] Fax: [phone]
[e-mail]

S

S DISTRICT TE C TA

F D IS T IC T O R NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION CERVANTES, et. al., Plaintiff, vs. LIU CHENG INC., et. al., Defendants. Case No.: 5:08-cv-03817-JW

RN UNITED STATES DISTRICT COURT

E

STIPULATION TO REFER MATTER TO AN EARLY SETTLEMENT CONFERENCE; AND [PROPOSED] ORDER THEREON

The parties through their respective counsel hereby request that this Court refer them to an Early Settlement Conference before a Magistrate Judge within forty-five (45) days of entry of this Order or as soon thereafter as the schedule of the assigned Magistrate Judge will allow. The Court-ordered discovery deadline has run. At this point, the parties have conducted extensive discovery. The facts on the records, although not devoid of disputes, are sufficiently developed to facilitate the parties' engagement in final efforts for settlement before the parties begin preparations for trial, which inevitably would be intensive and time consuming and would drive up costs and fees on both sides. The parties have also engaged in a court-sponsored mediation. At mediation, much progress was made toward settlement, although resolution of the matter was not ultimately achieved. It is clear to both sides that if this matter does not settle promptly, trial will be imminent. Page 1 STIPULATION AND PROPOSED ORDER FOR A SETTLEMENT CONFERENCE

A

C

LI

FO

Attorneys for Plaintiffs

mes Wa Judge Ja

re

R NIA

DERED SO OR ED IT IS DIFI AS MO

RT U O

NO

RT

H

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

Given that extensive time and effort has already been invested in this matter, and that undoubtedly much more will be spent in preparation for trial, the parties agree that now is the time to push toward settlement in this matter. Further, given that the parties were able to make progress toward resolution of the matter during the mediation, they are optimistic that an agreement will be reached at the settlement conference. Therefore, the parties request that an Early Settlement Conference be scheduled within forty-five (45) days of entry of this Order.

Respectfully submitted, Dated: November 3, 2009 By: _/s/Adam Wang__ ADAM WANG Attorney for Plaintiffs _/s/ D. Austin Hare__ D. AUSTIN HARE Attorney for Defendants

Dated: November 3, 2009 By:

[PROPOSED] ORDER GOOD CAUSE APPEARING, and pursuant to the parties' stipulation and ADR Local Rule 7-2, IT IS HEREBY ORDERED that this matter be referred to an Early Settlement Magistrate Judge Trumbull. Within ten Conference before the Honorable _____________________. (10) days from the date of this Order the partiesIS SO contact Judge Trumbull's Chambers to schedule their conference. IT shall ORDERED. * * * END OF ORDER * * * Dated: November 19, 2009 _________________________ JAMES WARE United States District Judge

Page 2 STIPULATION AND PROPOSED ORDER FOR A SETTLEMENT CONFERENCE