Dang v. Sutter's Place, Inc. et al

Filing 48

STIPULATION AND ORDER 47 to Further Extend ADR Deadline. Signed by Judge Ronald M. Whyte on 3/3/11. (jg, COURT STAFF) (Filed on 3/3/2011)

Dang v. Sutter's Place, Inc. et al

Doc. 48

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JAMES McMANIS (40958) SHARON KIRSCH (157157) MATTHEW SCHECHTER (212003) McMANIS FAULKNER A Professional Corporation 50 West San Fernando Street, 10th Floor San Jose, California 95113 Telephone: [phone] Facsimile: 408-279-3244 Email: [e-mail] [e-mail] Attorneys for Defendant, SUTTER'S PLACE, INC. dba BAY 101

*E-FILED - 3/3/11*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

CUC DANG, Plaintiff, vs. SUTTER'S PLACE, INC. dba BAY 101 or BAY 101 CASINO, et. al., Defendants.

Case No. 10-CV-02181 (RMW) STIPULATION AND [] ORDER TO FURTHER EXTEND ADR DEADLINE

Complaint Filed: May 20, 2010

Plaintiff, Cuc Dang ("Dang"), and defendant, Sutter's Place, Inc. dba Bay 101 ("Bay 101") (collectively "the parties"), by and through their respective attorneys of record, hereby stipulate to the following: 1. On August 12, 2010, the parties stipulated to submit this matter to mediation. On

August 26, 2010, the Court issued an Order setting December 31, 2010 as the deadline to complete mediation. /// /// 1
STIPULATION AND [] ORDER TO FURTHER EXTEND ADR DEADLINE; CASE NO. 10-CV-02181 (RMW)
Dockets.Justia.com

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2.

The parties scheduled a mediation with Judge William Martin of JAMS for

November 30, 2010. 3. On July 21, 2010, Bay 101 filed a Motion to Dismiss Dang's First Amended

Complaint. A hearing on the motion was held on August 27, 2010, and Bay 101's motion was granted in part on November 24, 2010.1 Bay 101 filed its answer on December 8, 2010. 4. On November 19, 2010, prior to the Court's Order on Bay 101's Motion to

Dismiss, the parties stipulated to extending the deadline to complete mediation from December 31, 2010 to April 29, 2011. The Court entered an Order approving the stipulation on December 22, 2010. 5. The parties re-scheduled their mediation before Judge Martin from November 30,

2010 to April 18, 2011. 6. After the parties had agreed on the April 18, 2011 date, Judge Martin informed

the parties that he had a scheduling conflict and needed to reschedule the mediation date. 7. Based on the parties' and Judge Martin's available dates, the first new date that

works for all sides is June 8, 2011. The parties have calendared a mediation with Judge Martin for June 8, 2011 beginning at 9:00 a.m. /// /// /// /// /// /// /// /// /// ///
Unite Here! Local 19 ("the Union") was also named as a defendant in the First Amended Complaint. After the Union's motion to dismiss was granted with leave to amend, Dang and the Union entered into a stipulation dismissing the Union with prejudice. The order granting the dismissal was signed by the Court on September 22, 2010.
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STIPULATION AND [] ORDER TO FURTHER EXTEND ADR DEADLINE; CASE NO. 10-CV-02181 (RMW)

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8.

As the mediation in this matter will not occur until June, the deadline for the

parties to complete mediation in this matter is to be continued from April 29, 2011 to June 30, 2011.

IT IS SO STIPULATED.

Dated: February 8, 2011

McMANIS FAULKNER

/s/ Matthew Schechter MATTHEW SCHECHETR Attorneys for Defendant SUTTER'S PLACE, INC. dba BAY 101

Dated: February 8, 2011

ROBINSON & WOOD, INC.

/s/ Ann A. Nguyen ANN A. NGUYEN Attorneys for Plaintiff, CUC DANG

ORDER Pursuant to stipulation above, the deadline for the parties to complete mediation is continued from April 29, 2011 to June 30, 2011.

3/2 Dated: _________________, 2011

_________________________________ JUDGE RONALD M. WHYTE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

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STIPULATION AND [] ORDER TO FURTHER EXTEND ADR DEADLINE; CASE NO. 10-CV-02181 (RMW)