Huerta v. Perma-Green Hydroseeding, Inc. et al
Filing
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SECOND STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND EXTEND INITIAL DEADLINES, granting 9 STIPULATION WITH PROPOSED ORDER: 1/15/2013 Case Management Conference reset to 3/19/2013 at 02:00 PM in Courtroom 5, 4th Floor, San Jose. Signed by Judge Paul S. Grewal on 1/8/2013. (ofr, COURT STAFF) (Filed on 1/8/2013)
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CASA LEGAL
TOMAS E. MARGAIN, Bar No. 193555
84 W. SANTA CLARA STREET, STE. 790
SAN JOSE, CA 95113
TEL (408) 317-1100
FAX (408) 351-0105
margainlaw@hotmail.com
Attorneys for Plaintiff
PEDRO SIORDIA HUERTA
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UNITED STATES DISTRICT COURT
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FOR NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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Plaintiff,
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v.
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Case No.: 5:12-cv-04731-PSG
PEDRO SIORDIA HUERTA
PERMA-GREEN HYDROSEEDING, INC.;
MITCHELL DONALD CHUCK
SECOND STIPULATION TO
CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE AND
EXTEND INITIAL DEADLINES
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Defendants.
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Plaintiff
PEDRO
SIORDIA
HUERTA
and
Defendants
PERMA-GREEN
HYDROSEEDING, INC. and MITCHELL DONALD CHUCK through their attorneys’ of
record, hereby stipulate as follows:
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1.
The initial Case Management Conference was continued from November 6, 2012 to
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January 8, 2013. The parties are seeking a second continuance of 75 days to
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hopefully resolve the matter or if not have the pleadings settled including a magistrate
-1STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE
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consent which still has not been filed by Defendants. The length of the continuance is
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requested so that Defendants can execute a Notice and Acknowledgment, now that
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the Complaint has been amended, and have the Summons returned. A continuance
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will also aid the parties in continuing to try to settle this matter.
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2.
Based on the initial continuance, the parties resolved the Stop Notice cause of action
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during a settlement meeting. As a result, two Defendants have been dismissed.
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Defendant also tendered wages to Plaintiff that made up the Stop Notice amounts.
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This was done with Defendants’ ability to preserve the argument that they tendered
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the wages prior to a lawsuit being filed and as such Plaintiff’s attorneys’ fees are not
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reasonable.
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Subsequent to this, Plaintiff made an offer to fully resolve the balance of the case and
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the remaining Defendants made a counter offer. Plaintiff rejected the counter offer
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and Plaintiff’s counsel is trying to meet with Plaintiff to make a counter offer.
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4.
Because the parties have been focused on resolving the case, a Notice and
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Acknowledgment was not signed. Moreover, the Complaint was amended.
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Defendants are executing a New Notice and Acknowledgment today.
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5.
The parties have addressed all Rule 26 issues and exchanged documents. Both sides
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have been actively trying to investigate and resolve this matter and a continuance will
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allow the parties to continue to do so. In the below continued dates, the election to go
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to ADR and to have Magistrate Consents is made in roughly 30 days to move the case
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along in anticipation of the continued CMC date.
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SO STIPULATED
FOR PLAINTIFF
DATED:
January 7, 2013
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DAL BON & MARGAIN
By:
/s/ Tomas Margain
Tomas E. Margain
For Plaintiff
-2STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE
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DATED:
January 7, 2013
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ORDER
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By: /s/ Robert Fried
Robert Freid
For Defendants
Based on GOOD CAUSE shown, the initial Case Management Conference and Rule 26
Deadlines are continued as follows:
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February 19, 2013
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Last Day to file a Magistrate Consent or Declination.
Last Day to Meet and Confer Regarding Initial Discloses, ADR process election and
discovery plan.
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Last Day to file ADR Certificate signed by Parties and Counsel.
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Last Day to either file a stipulation to ARD Process or Notice of Need for ADR Phone
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Conference
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March 5, 2013, 2013
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Last Day to File Rule 26(f) Report, complete initial disclosures and file Joint Case
Management Statement
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March 19, 2013
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Initial Case Management Conference in Courtroom 5,4h Floor, San Jose Courthouse at
2:00 p.m.
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IT IS SO ORDERED
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DATED: January 8, 2013
By:
PAUL S. GREWAL
Magistrate Judge of the United States
District Court
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-3STIPULATION TO CONTINUE INITIAL
CASE MANAGEMENT CONFERENCE
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