Li v. A Perfect Day Franchise, Inc

Filing 123

ORDER Setting Briefing Schedule on Motion to Dismiss and Compel Arbitration per Stipulation. Opposition Due December 8, 2010. Reply Due December 16, 2010. Hearing on January 27, 2011 at 1:30 p.m. Signed by Judge Lucy H. Koh on 11/5/2010. (lhklc2, COURT STAFF) (Filed on 11/5/2010)

Li v. A Perfect Day Franchise, Inc

Doc. 123

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ADAM WANG, (SBN 201233) ([e-mail]) LAW OFFICES OF ADAM WANG 12 S. First Street, Suite 708 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone] WHITNEY HUSTON (SBN 234863) ([e-mail]) THE STURDEVANT LAW FIRM A Professional Corporation 354 Pine Street, Fourth Floor San Francisco, California 94104 Telephone: [phone] Facsimile: [phone] MONIQUE OLIVIER (SBN 190385) ([e-mail]) DUCKWORTH PETERS LEBOWITZ OLIVIER LLP 235 Montgomery St., Suite 1010 San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs and the Putative Class UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION GUIFU LI, MENG WANG, FANG DAI, LIN CUI, and ZHONG YU on behalf of themselves and all others similarly situated, Plaintiffs, vs. A PERFECT DAY FRANCHISE, INC., a California corporation; et al., Defendants. Complaint Filed: March 22, 2010 Case No. CV 10-01189 LHK (PVT) CLASS ACTION STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS Courtroom: Judge: 4, 5th Floor Hon. Lucy H. Koh

STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE RE MOTION TO DISMISS; CASE NO. CV 10-1189 LHK (PVT)
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Whereas on September 3, 2010, Defendants Re-Noticed their Motion to Dismiss Proceedings and Compel Arbitration before this Court, setting the hearing for December, 2, 2010. (Dkt. 73.) Whereas the briefing schedule under the local rules for a December 2, 2010 hearing makes opposition papers due November 10, 2010 and reply papers due November 18, 2010. Whereas the parties have not previously sought an extension of the briefing schedule. Whereas the resolution of the motion to compel arbitration may be contingent on numerous factual disputes on which Plaintiffs have sought discovery. Whereas on August 6, 2010, Plaintiffs served Plaintiff Guifu Li's First Request for Production of Documents and to Permit Inspection ("RPD") upon Defendant A Perfect Day Franchise Inc. Whereas on September 10, 2010, Defendant A Perfect Day Franchise Inc. served its responses. Whereas on September 24, 2010, Defendant A Perfect Day Franchise Inc. produced hard copies of 120 Independent Contractor Agreements. Whereas the parties have diligently engaged in discovery efforts, including ongoing meet and confer to informally resolve disputes. Whereas after protracted meet and confer efforts regarding scheduling, Plaintiffs began the deposition of June Ma, Perfect Day's Human Resources Manager on October 12, 2010 and Jade Li, the Manager of Perfect Day's Fremont branch on October 20, 2010 and have noticed dates for the completion of these. Defendants are unavailable on the noticed dates and have requested that these depositions occur on November 5th and 8th respectively. Whereas the parties reached an impasse and on October 29, 2010 Plaintiffs filed a motion to compel documents and a server inspection. (Dkt. 112-14.) Whereas on November 1, 2010, Honorable Patricia Trumbull issued an order on Plaintiffs' motion to compel that may resolve the ongoing discovery disputes. However, to-date, because of the discovery disputes and the recent schedules of counsel, documents that may be at issue have not yet been produced and an inspection of defendants' computer server has not yet been conducted. (Dkt. 119.) STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE RE MOTION TO DISMISS; CASE NO. CV 10-1189 LHK (PVT)

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Whereas Defendants counsel was unavailable to produce documents, or defend depositions during the week of November 25, 2010 due to a jury trial. (Dkt. 103.) Whereas Defendants' human resources manager and designated person most knowledge was in a car accident on October 31, 2010. As a result of the car accident, he is unavailable for his deposition until at least November 8, 2010. As a result of the unavailability of Defendants' counsel and Defendants' employee, the parties were not able to schedule depositions or conduct a server inspection for the week of October 25 or November 2nd. The earliest dates these discovery events can occur are November 8, 2010. Whereas Defendants' counsel has not yet been able to take the depositions of any of the named Paintiffs in this case due to counsel's recent trial schedule. Whereas the depositions of Paintiffs are set to be completed the week of November 7th. Whereas the parties agree to act in good faith and complete the outstanding depositions, server inspection, and to further meet and confer regarding production of documents. Whereas the parties agree that good cause exists to modify the briefing schedule. Accordingly, the parties propose the following briefing schedule: Deadline to file opposition papers Deadline to file reply papers Hearing December 8, 2010 December 16, 2010 January 27, 2011 at 1:30 p.m.

Dated: November 3, 2010

LAW OFFICES OF ADAM WANG THE STURDEVANT LAW FIRM A Professional Corporation DUCKWORTH PETERS LEBOWITZ OLIVIER LLP /s/ Whitney Huston Whitney Huston Attorneys for Plaintiffs and the Putative Class

STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE RE MOTION TO DISMISS; CASE NO. CV 10-1189 LHK (PVT)

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Dated: November 3, 2010

LAW OFFICES OF RICHARD WANG Richard Wahng (SBN 225672) Lee E. Sheldon (SBN 263310) 152 Anza Street, Suite 201 Fremont, CA 94539 [phone] Telephone [phone] Fax /s/ Lee Sheldon Attorneys for Defendants, A Perfect Day, Minjian Hand Healing Institute, Jin Qui, and Tailiang Li

Dated: November 3, 2010

LAW OFFICES OF MICHAEL LANE Michael Lane (SBN 239517) 42024 Benbow Dr. Fremont, CA 94539 [phone] Telephone N/A Facsimile /s/ Michael Lane Attorney for Defendant, Tom Schriner

ATTESTATION UNDER GENERAL ORDER 45 I, Whitney Huston, attest that the concurrence in the filing of the document has been obtained from each of the other signatories, which shall serve in lieu of their respective signatures. /s/ Whitney Huston Whitney Huston

PURSUANT TO STIPULATION, IT IS SO ORDERED. November 5, 2010 DATED: ______________________

By: _______________________________________ HONORABLE LUCY H. KOH United States District Judge

STIPULATION AND [PROPOSED] ORDER AMENDING BRIEFING SCHEDULE RE MOTION TO DISMISS; CASE NO. CV 10-1189 LHK (PVT)