Mondragon et al v. Fernandez

Filing 64

STIPULATION AND ORDER 63 to Consolidate Matters for Trial and to Modify the Court's Scheduling Order. Jury Selection set for 9/12/2011 01:30 PM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Motion Hearing set for 7/29/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Pretrial Conference set for 8/25/2011 09:00 AM in Courtroom 6, 4th Floor, San Jose before Hon. Ronald M. Whyte. Signed by Judge Ronald M. Whyte on 5/13/11. (jg, COURT STAFF) (Filed on 5/13/2011)

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1 2 3 4 5 6 7 8 9 10 11 Adam Wang, Esq. (201233) Adam Pedersen, Esq. (261901) Law Offices of Adam Wang 12 South First Street, Suite 708 San Jose, CA 95113 Telephone: 408 421-3403 Facsimile: 408 416-0248 Attorneys for Plaintiff ALMA YADIRA *E-FILED - 5/13/11* Victoria L.H. Booke Fahmy & Booke 606 North First Street San Jose, CA 95112 (408) 286-7000 Fax: (408) 286-7111 Email: vbooke@gmail.com Attorney for Defendant JESUS FERNANDEZ 12 IN THE UNITED STATES DISTRICT COURT 13 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 YADIRA, et. al.; 18 19 CASE NUMBER: C 08 05721 RMW RELATED CASE: C 08 05722 RMW Plaintiffs, v. 20 21 22 23 JOINT STIPULATION AND ---------------PROPOSED ORDER TO CONSOLIDATE MATTERS FOR TRIAL AND TO MODIFY THE COURT'S SCHEDULING ORDER; and JESUS FERNANDEZ dba MARIA’S NIGHTCLUB; TONY’S POOL HALL AND FLAMINGO NIGHTCLUB; DOES 110; --------------[PROPOSED] ORDER THEREON Defendants, 24 25 26 27 1. WHEREAS, the above captioned cases cases, Yadira v. Fernandez, C 08 05721 RMW, and , Mondragon v, Fernandez, C 08 05722 RMW were filed at the same time. 28 Yadira, et al./Mondragon v. Fernandez; C08 05721RMW and C08 05722RMW --------Joint Stipulation and Proposed Scheduling Order 1 1 2. WHEREAS, Both cases involve the same Defendants, contain the same allegations and 2 are based on largely the same facts. Parties in both cases are represented by the same 3 counsel. However, the issues in the case diverge in that in the YADIRA action the 4 Plaintiffs are hourly employees, and in the other related matter, the Plaintiff is a salaried 5 and alleged managerial employee. 6 7 3. WHEREAS, Parties are nearing their date for trial and are working to complete the discovery process. 8 9 4. WHEREAS, Parties still have several key issues to work through in regard to the 10 completion of discovery including but not limited to two pending motions to compel, 11 ongoing meet and confer efforts and several pending subpoenas for third-party 12 documents. 13 14 5. WHEREAS, Plaintiff has concluded the deposition of Defendant Defendant has 15 16 17 18 completed depositions of the Plaintiff of both actions. 6. WHEREAS, the current discovery cut-off in this action is May, 2 2011. 7. WHEREAS, Plaintiff has filed a Motion For Summary Judgment which in part seeks 19 clarification of specific legal issues, including applicable statutes of limitations, the 20 resolution of which could both define the scope of discovery subject to dispute and guide 21 22 23 parties settlement discussions. 8. WHEREAS, parties are willing to continue informal efforts to both complete discovery 24 and move toward settlement while they await the Court's decision on these legal points. 25 9. WHEREAS, the parties also seek to resolve as many issues as possible prior to the trial 26 of these actions. 27 28 Yadira, et al./Mondragon v. Fernandez; C08 05721RMW and C08 05722RMW -------Joint Stipulation and Proposed Scheduling Order 2 1 2 3 4 5 6 7 8 9 10 10. WHEREAS, the facts revealed by both written discovery and depositions currently underway have begun to substantially narrow the issues in this case. 11. WHEREAS, despite the ongoing dispute, parties are resolute that some if not all of these cases may be resolve by mediation. 12. WHEREAS, parties have not yet had an opportunity to mediate at all the Yadira matter, either by private or court-sponsored mediation. 13. WHEREAS, the parties feel that if time can be given to address these legal and factual issues, settlement of this matter can be had. 14. WHEREAS, Parties agree a conference with a magistrate judge would greatly aid them 11 12 13 14 15 16 17 18 19 20 21 in this regard and to that end would like to request the Court's aid by way of settlement conference. 15. WHEREAS, because of the commonality of the facts, relationship between the parties and because the Defendant in both actions is the same, the parties are further in agreement that these matters should be consolidated for the purposes of trial in order that they be resolved in the most effective manner possible. 16. WHEREAS, the current schedule in both of these matters does not allow for this occur under the current case scheduling order; 17. THE PARTIES HEREBY STIPULATE to the following: 22 23 1. That the hearing on Plaintiffs pending motions to compel be continued from their 24 current date from 5/17/2011 hearing to 6/7/20111, pending this Court's resolution of 25 Plaintiff's motion for summary judgment in the Yadira matter, which parties intend to 26 have re-noticed for hearing on 6/3/2011, currently set for hearing on 5/20/2011. 27 28 1 Plaintiffs' counsel has already re-noticed the pending motions to compel to conform herewith. Yadira, et al./Mondragon v. Fernandez; C08 05721RMW and C08 05722RMW Joint Stipulation and Proposed Scheduling Order --------3 2. That the parties agree to conduct a private mediation session in front of a mutually 1 2 agreeable neutral at some point following the Court's resolution of Plaintiff's motion 3 for summary, with mediation currently set for June 27, 2011. 4 3. That the matters be consolidated for the purposes of trial. 5 4. 6 That the consolidated trial of both matters be conducted, per the availability of the 7 Court, beginning on September 12, 2011 and that the previously calendared dates of 8 June 27, 2011 (08-5721 – the Yadira matter) and June 20, 2011 (08-5721 – the 9 Mondragon matter) be taken off-calendar. 10 5. That a single pre-trial conference now be held for the consolidated matters on August 11 25 2011, and that the previous conferences set for June 9, 2011 be taken off-calendar. 18, 12 13 6. That the current discovery cut-off be extended until July 15, 2011. 14 7. That the deadline for hearing of dispositive motions in only the Mondragon matter be 15 extended until July 29, 2011, and in the Yadira matter that the deadline to hear 16 dispositive motions be set for 6/3/2011, to allow parties to re-notice the current 17 motion in order to accommodate the schedule of counsel. 18 8. That parties, should they not be able resolve the matter on their own through 19 20 the parties are to have a settlement conference with Magistrate conduct of mediation, respectfully request referral to magistrate Howard Lloyd for theJudge 21 a settlement to the pretrial conference. Lloyd prior conference prior to trial. 22 9. That, the Court's schedule permitting, this conference shall occur prior to the conduct 23 of the parties pre-trial conference on August 25 2011. 18, 24 25 // 26 // 27 // 28 Yadira, et al./Mondragon v. Fernandez; C08 05721RMW and C08 05722RMW --------Joint Stipulation and Proposed Scheduling Order 4 1 Dated: Apr 25, 2011 2 3 4 _/s/Adam Pedersen___________ Adam Pedersen, Esq. Attorney for Plaintiffs 5 6 7 Dated: Apr 25, 2011 8 __/s/Victoria Booke_____________ Victoria Booke, Esq. Attorney for Defendant 9 10 11 12 ----------------[PROPOSED] ORDER 13 14 15 16 17 18 19 Good cause appearing, pursuant to the parties stipulation, the above modification to the scheduling order is adopted, and the dates set forth in the parties agreement shall control from here forward. Furthermore, this Court hereby grants the parties' request to consolidate the two matters referenced therein, case number C08-5721 and case number C08-5722, for the purposes of trial. 20 21 22 23 24 5/13 Dated: ____________________, 2011 __________________________ Honorable Ronald M. Whyte US District Court Judge 25 26 27 28 Yadira, et al./Mondragon v. Fernandez; C08 05721RMW and C08 05722RMW Joint Stipulation and Proposed Scheduling Order -------5

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