Cuellar et al v. Alamillo et al

Filing 56

ORDER re 55 Stipulation to Modify Pretrial Deadlines. Signed by Judge Paul S. Grewal on March 4, 2011. (psglc2, COURT STAFF) (Filed on 3/4/2011)

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Cuellar et al v. Alamillo et al Doc. 56 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 JAMES DAL BON, Bar No. 157942 TOMAS E. MARGAIN, Bar No. 193555 DAL BON & MARGAIN, APC 28 NORTH 1ST SUITE 700 SAN JOSE, CA 95113 TEL (408) 297-4729 FAX (408) 297-4728 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) v. ) ) ) ANTHONY FIDEL ALAMILLO; ) FIDEL CABRAL ALAMILLO; CARRIE ANN ALAMILLO; C&F ) ALAMILLO STEEL, A PARTNERSHIP ) Defendants. ) ) ) ) JUAN CARLOS CUELLAR; JOSE ALBERTO GARCIA; JORGE ALEGRIA; JORGE CALDERON; and ISMAEL CALDERON, Plaintiffs, Case No. C09-04047 PSG STIPULATION TO MODIFY PRETRIAL DEADLINES; ORDER The parties through their attorneys' of record hereby Stipulate as follows: 1. At a December 28, 2010 Pretrial Conference, the Court set a pre-trial fact discovery cut off as March 2, 2011; 2. After the hearing the Court issued an OSC and after a deadline passed struck the Answer. An affidavit to set aside was filed by Defendants and Plaintiffs; did not oppose it. This caused a delay in an already short discovery window; {00272997.DOC} 1 STIPULATION; ORDER; DECLARATION Dockets.Justia.com 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 3. Defendants noticed depositions prior to the cut off and Plaintiffs' counsel asked for them to be re-calendared in early March due to calendar conflicts. Presently, the parties have calendared Plaintiff's Depositons from March 3rd and March 7th which is after the cut off. Plaintiffs' counsel also has a discovery motion pending and is awaiting Initial Disclosures and Discovery responses. Plaintiffs' counsel wants to take Defendants' depositons after getting the responses; 4. An extension of the cut off to March 31, 2011 is sought to work through these issues. IT IS SO STIPULATED Dated: March 1, 2011 By: /s/ H. Paul Bryant H. Paul Bryant Attorneys for Defendants Dated: February 24, 2011 Tomas Margain DAL BON & MARGAIN, APC By: //s// Tomas Margain Tomas Margain Attorneys for Plaintiffs {00272997.DOC} 2 STIPULATION; ORDER; DECLARATION 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 PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that Based on the Stipulation and Good Cause Shown, The Fact Discovery Cut off date is continued from March 2, 2011 through March 31, 2011. IT IS SO ORDERED. Dated: March 4, 2010 Hon. Paul Singh Grewal United States Maistrate Judge {00272997.DOC} 3 STIPULATION; ORDER; DECLARATION

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