Campos v. Sagar et al

Filing 25

STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 23 . Case Management Statement due by 9/29/2010. Case Management Conference set for 10/6/2010 02:00 PM in Courtroom 4, 5th Floor, San Jose. Signed by Judge Koh on 8/20/10. (lhklc1, COURT STAFF) (Filed on 8/20/2010)

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ROGERS JOSEPH O'DONNELL DENNIS C. HUIE (State Bar No. 184377) Email: [e-mail] CHRISTINE S. LIYANTO (State Bar No. 263803) Email: [e-mail] 311 California Street, 10th Floor San Francisco, California 94104 Telephone: [phone] Facsimile: 415.956.6457 Attorneys for Defendants DEV SAGAR AND SAGAR FAMILY CORPORATION DAL BON & MARGAIN, APC JAMES DAL BON (State Bar No. 157942) TOMAS E. MARGAIN (State Bar No. 193555) Email: [e-mail] 28 North First Street, Suite 210 San Jose, CA 95113 Telephone: [phone] Facsimile: 408.297.4728 Attorneys for Plaintiffs JOSE CAMPOS AND CARLOS RAMIREZ

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOSE CAMPOS AND CARLOS RAMIREZ, Plaintiff, vs. DEV SAGAR dba DENNY'S, SAGAR FAMILY CORPORATION, dba DENNY'S RESTAURANT, AND DOES 1 through 10, Defendants. Case No. C10-00515 ­ LHK STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE

Hon. Lucy H. Koh Courtroom: 4

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STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE 290420.1

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Plaintiffs Jose Campos and Carlos Ramirez (hereinafter "Plaintiffs") and Defendants DEV SAGAR (sued erroneously as Dev Sagar dba Denny's) and SAGAR FAMILY CORPORATION (hereinafter "Defendants"), stipulate as follows: 1. The parties seek to continue a subsequent Case Management Conference set for September 15, 2010 at 2:00 p.m. because the parties have scheduled a mediation on September 14, 2010. This is done to allow the parties to either settle the case on the 14th or to draft a joint case management conference statement in anticipation of the CMC if the matter does not settle. The new date requested is October 6, 2010, or three weeks after the scheduled CMC. This date is sought as it would allow the parties to either report the matter as settled or to exchange post mediation discovery responses and be in a position to apprise the Court of the status of the litigation after this exchange. The Complaint in this matter was filed on February 4, 2010, and amended on March 12, 2010. An initial Case Management Conference was held on May 21, 2010 with a subsequent Case Management Conference set for August 20, 2010 which was vacated when there was a reassignment to this Court. On May 19, 2010, the parties stipulated to Court sponsored mediation. On August 2, 2010, counsel for the parties held a second phone session with mediator Nusbaum in which a mediation for September 14, 2010 was scheduled.

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STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE 290420.1

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6.

Whereas, the parties through counsel seek to have the Case Management Conference set for September 15, 2010 at 2:00 p.m. be re-scheduled to October 6, 2010 at 2:00

p.m.

Dated: August 11, 2010

By:

//s// Tomas E. Margain Tomas E. Margain Dal Bon & Margain, APC Attorneys for Plaintiffs JOSE CAMPOS AND CARLOS RAMIREZ

Dated: August 13, 2010

By: __//s// Dennis C. Huie__________________ DENNIS C. HUIE Rogers Joseph O'Donnell Attorneys for Defendants SAGAR FAMILY CORPORATION AND DEV SAGAR

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STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE 290420.1

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STIPULATION AND PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE

ORDER PURSUANT TO THE PARTIES' STIPULATION, IT IS HEREBY ORDERED that the Case Management Conference in Courtroom 5 set for
September 15, 2010 at 2:00 p.m. is hereby rescheduled for October 6, 2010 at 2:00

p.m. Dated: August 20, 2010

Judge Lucy H. Koh United States District Judge

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290420.1