Yadira v. Fernandez

Filing 92

ORDER 91 in Case No. C-08-05721-RMW & 83 in Case No. C-08-05722-RMW Granting Stipulation for a Continuance of Trial. Pretrial Conference and Trial Date Are Vacated. Case Management Conference set for 12/9/2011 10:30 AM in Courtroom 6, 4th Floor, San Jose. Signed by Judge Ronald M. Whyte on 11/29/11. (jg, COURT STAFF) (Filed on 11/29/2011)

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ADAM WANG, Bar No. 201233
LAW OFFICE OF ADAM WANG
12 South First Street, Suite 708
San Jose, CA 95113
Tel: [phone]
Fax: [phone]

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Attorney for Plaintiffs

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UNITED STATES DISTRICT COURT

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FOR NORTHERN DISTRICT OF CALIFORNIA
ALMA YADIRA,

Stipulation for a Continuance of Trial

vs.

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Case No.: C08-05721 RMW

Plaintiff,

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JESUS FERNANDEZ, et. al. and Does 1-10,
Defendant

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Trial date: December 12, 2011
Pre-trial Conference: December 1, 2011
Judge: Ronald M. Whyte

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MONDRAGON, et al.,
Plaintiffs,

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vs.

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JESUS FERNANDEZ, et al.,
Defendants

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In this related case, Plaintiffs Alma Yadira and Florencia Mondragon1, and Defendant

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Case No. 08-05722RMW

Jesus Fernandez, through their respective counsel, hereby request to continue the trial date set in
these two related matters as follows:
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Parties have appeared before Judge Lloyd for a settlement conference on October

20, 2011. That session concluded with parties to meet and confer on certain issues the resolution
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of which will help resolve the case. As such, Judge Lloyd set a follow-up session of settlement
conference on November 30, 2011.

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Plaintiff Luis Fraga has lost contact with Plaintiffs’ counsel. Plaintiffs counsel will file a
motion to withtharw as his counsel of records.

STIPULATION TO CONTINUE THE TRIAL DATE
Yadira v. Fernandez
Mondragon v. Fernandez
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C08-05721 RMW
C08 -05722-RMW

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On November 14, 2011, Defendant counsel began a jury trial in Santa Clara

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County Superior Court before the Honorable Carrie Zepeda. The jury was impaneled on

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Wednesday, November 16, 2011. The trial was set for three weeks, but was protracted because

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the Judge Zepeda sits on the Small Claim Appeal Panel and cannot conduct trial on Fridays.

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Also, the Thanksgiving Holiday delayed the trial even further. Therefore, Defendant’s counsel is
not available to attend the second session of settlement conference before Magistrate Lloyd. Due
to her trial schedule, Defendant counsel is not able to properly prepare for the trial in this matter
and will not be able to attend the final pre-trial conference set on December 1, 2011.
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Consequently, parties jointly request a continuance of the trial date in this matter

to a date that is mutually convenient to the Court and both parties after parties have an
opportunity to fully explore the settlement. Parties hereby request that the Court vacate the final
pre-trial conference and set a case management conference in this matter on December 9, 2011 to
set a new trial date.

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Dated: November 28, 2011

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Dated: November 28, 2011

Respectfully,
By: /s/ Adam Wang
Adam Wang
Attorney for Plaintiffs
By: /s/ Victoria L.H. Booke
Victoria L.H. Booke
Attorney for Defendant

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ER

STIPULATION TO CONTINUE THE TRIAL DATE
Yadira v. Fernandez
Mondragon v. Fernandez
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C08-05721 RMW
C08 -05722-RMW

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