Yadira v. Fernandez

Filing 86

STIPULATION AND ORDER 82 to Reset Trial Date: Jury Selection set for 12/12/2011 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 12/1/2011 02:00 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 8/12/11. (jg, COURT STAFF) (Filed on 8/12/2011)

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Adam Wang, Esq. (201233)
Adam Pedersen, Esq. (261901)
Law Offices of Adam Wang
12 South First Street, Suite 708
San Jose, CA 95113
Telephone: [phone]
Facsimile: 408 416-0248

*E-FILED - 8/12/11*

Attorneys for Plaintiff
ALMA YADIRA

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IN THE UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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YADIRA (08-5721);

CASE NUMBER: C 08 05721 RMW

MONDRAGON (08-5722);

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Plaintiffs,

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v.

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JOINT STIPULATION TO RESET TRIAL
DATE; and

JESUS FERNANDEZ dba MARIA’S
NIGHTCLUB; TONY’S POOL HALL
AND FLAMINGO NIGHTCLUB; DOES 110;

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C 08 05722 RMW

Defendants,

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[] ORDER

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Parties, by way of this stipulation, respectfully request the Court reset the current dates

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for the pre-trial conference and trial. This request, detailed below is based largely on the

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unavailability of the Defendants, the schedules of counsel and the need to conduct the mandatory

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settlement conference prior to the conduct of trial. Discovery is currently closed, and all

Mondragon/Yadira, et al. v. Fernandez; C08 05721/05722 RMW
Joint Stipulation and Scheduling Order to Reset Trial Date
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dispositive motions, except for the parties’ pending motions for reconsideration, have been filed

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and heard by the Court. Parties do not seek any modification of these dates or deadlines, only

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those that pertain to trial.

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This two subject cases, Yadira v. Fernandez, C 08 05721 RMW and Mondragon v,

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Fernandez, C 08 05722 RMW, were filed at the same time and both cases involve the same

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Defendants, contain the same allegations and are based on largely the same facts. Parties in both

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cases are represented by the same counsel. However, the issues in the case diverge in that in the

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instant action the Plaintiffs are hourly employees, and in the other related matter, the Plaintiffs
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are alleged salaried employees. For those reasons the matters have been consolidated for
purposes of trial.
Parties conducted a private mediation in front of mediator Jeffrey Owensby, Esq. While
some progress was made, parties were unable to settle either of the pending matters. Parties have

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yet to conduct the mandatory settlement conference because they first desired to try private

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mediation, preferring to leave the settlement conference as a last resort. While the mediation was

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ultimately unsuccessful, counsel for parties has conferred in person and do feel that some type of

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settlement or narrowing of issues is possible by way of further ADR.

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Due to scheduling conflicts and the schedule of the Court, the parties will not be able to

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conduct this conference until September or October of 2011. As such, given the current trial

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schedule the conference would not be able to be held prior to trial. Further, Defendants will be

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out of the Country during the month of August, hindering the ability of counsel to prepare the

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matter for trial in September.

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Therefore, the parties agree that the trial date should be moved to accommodate these

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needs. Doing so will allow for the most efficient resolution possible. Parties propose the

Mondragon/Yadira, et al. v. Fernandez; C08 05721/05722 RMW
Joint Stipulation and Scheduling Order to Reset Trial Date
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following new dates for the pre-trial conference and trial, pending Court availability and

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approval:

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TRIAL SCHEDULE

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1. Pre-Trial Conference: 12/1/2011 @ 2:00 PM

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2. Trial: starting Monday, 12/12/2011;

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3. The parties expect that the trial will last for the following number of days:

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Five (5) court days.

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SIGNATURE AND CERTIFICATION BY PARTIES AND LEAD TRIAL COUNSEL
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Dated: August 3, 2011

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/s/Adam Pedersen________
Adam Pederson, Esq.
Attorney for Plaintiffs

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Dated: August 3, 2011

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/s/Victoria Booke__________
Victoria Booke, Esq.
Attorney for Defendant

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Mondragon/Yadira, et al. v. Fernandez; C08 05721/05722 RMW
Joint Stipulation and Scheduling Order to Reset Trial Date
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[] ORDER

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The above modification to the scheduling order is adopted, and the dates set in this
Scheduling Order shall control.

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Dated: August ______, 2011

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__________________________
Honorable Ronald M. Whyte

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Mondragon/Yadira, et al. v. Fernandez; C08 05721/05722 RMW
Joint Stipulation and Scheduling Order to Reset Trial Date
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