Afsharpour v. AT&T Mobility, LLC et al

Filing 19

ORDER Continuing Case Management Conference. Case Management Statement due by 1/18/2012. Case Management Conference set for 1/25/2012 02:00 PM in Courtroom 8, 4th Floor, San Jose. Signed by Judge Lucy H. Koh on 12/13/2011. (lhklc1, COURT STAFF) (Filed on 12/13/2011)

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Joel R. Bryant, Esq. (State Bar No. 149370)
[e-mail]
GREEN BRYANT & FRENCH LLP
1230 Columbia Street, Suite 1120
San Diego, California 92101
Tel: [phone]
Fax: [phone]

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Attorneys for Plaintiff, Mahsa Afsharpour

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MAHSA AFSHARPOUR, an individual,

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PLAINTIFF,

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v.

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AT&T MOBILITY SERVICES LLC, a
Delaware Limited Liability Company; and
DOES 1-100, jointly and severally,

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DEFENDANTS.

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CASE NO: CV11-04656-LHK
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
Date: January 4, 2012
Time: 2:00 p.m.
Dept.: Courtroom 8
Judge: Honorable Lucy H. Koh
As Modified by the Court

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Pursuant to the Court’s October 6, 2011 Order, a Case Management Conference in the above

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referenced matter was scheduled for January 4, 2012. The Order further required the parties to file

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a case management statement no later than seven (7) days prior to the Case Management

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Conference. For the reasons set forth below, Plaintiff respectfully requests that the Court continue

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the Case Management Conference scheduled for January 4, 2012 to March 16, 2012, at 2:00 p.m.

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On October 6, 2011, counsel for AT&T Mobility Services LLC (“AT&T Mobility”) advised

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Plaintiff’s counsel that none of the four Defendants named in the Complaint were proper parties to

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this case, and further advised that, based on the allegations of the Complaint, the only entity which

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should have been named as a Defendant was his client, AT&T Mobility. In reliance on those

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representations, Plaintiff filed a First Amended Complaint on October 25, 2011, which removed

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all prior Defendants, and named the new, current, Defendant AT&T Mobility. Said Defendant was

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subsequently served on November 4, 2011 via Waiver of Service of Summons. On November 15,
-1Case No: CV11-04656-LHK
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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2011 Plaintiff received the signed Waiver of Service from Defendant and filed the Proof of Service

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with the Court. Defendant’s answer to the complaint is due on January 3, 2012, and Plaintiff does

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not anticipate the Defendant will appear until that date.

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Given that the new Defendant has not yet appeared, is not obligated to appear, and will not

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appear prior to January 3, 2012, Plaintiff does not believe there to be sufficient time to Meet and

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Confer, and prepare and submit the Case Management Statement to the Court prior to the date of

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the conference. Accordingly, Plaintiff believes that continuing the Case Management Conference

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until March 16, 2012, would provide both parties ample and reasonable time to Meet and Confer

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and prepare the Case Management Statement.

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NOW, THEREFORE, subject to the Court’s approval, Plaintiff, by and through her counsel
of record, respectfully asks the following:
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That the Case Management Conference be continued from January 4, 2012, at 2:00

p.m., to March 16, 2012, at 2:00 a.m.; and

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2.

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to March 9, 2012.

That the corresponding deadline to file the Case Management Statement be continued

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GREEN BRYANT & FRENCH, LLP

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Dated: December 1, 2011

/s/ Joel R. Bryant
Joel R. Bryant, Esq.
[e-mail]
Attorney for Plaintiff
MAHSA AFSHARPOUR

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ORDER
-2Case No: CV11-04656-LHK
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE

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IT IS ORDERED THAT:

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1.

The Case Management Conference is continued from January 4, 2012, at 2:00p.m.,

to Januaty 25, 2012, at 2:00 p .m .; and
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The deadline to file the Joint Case Mat1agement Statement is continued from

December 28, 2011 , to January 18, 2012.

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Dated : December 13, 2011
United States District Judge

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- 3Case No: CV II -04656-LHK
STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE