Huerta v. Perma-Green Hydroseeding, Inc. et al

Filing 10

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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1 2 3 4 5 6 7 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 Attorneys for Plaintiff PEDRO SIORDIA HUERTA 8 UNITED STATES DISTRICT COURT 9 FOR NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 Plaintiff, 13 v. 14 15 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 16 Defendants. 17 18 19 20 21 Plaintiff PEDRO SIORDIA HUERTA and Defendants PERMA-GREEN HYDROSEEDING, INC. and MITCHELL DONALD CHUCK through their attorneys’ of record, hereby stipulate as follows: 22 23 1. The initial Case Management Conference was continued from November 6, 2012 to 24 January 8, 2013. The parties are seeking a second continuance of 75 days to 25 hopefully resolve the matter or if not have the pleadings settled including a magistrate -1STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE 1 consent which still has not been filed by Defendants. The length of the continuance is 2 requested so that Defendants can execute a Notice and Acknowledgment, now that 3 the Complaint has been amended, and have the Summons returned. A continuance 4 will also aid the parties in continuing to try to settle this matter. 5 2. Based on the initial continuance, the parties resolved the Stop Notice cause of action 6 during a settlement meeting. As a result, two Defendants have been dismissed. 7 Defendant also tendered wages to Plaintiff that made up the Stop Notice amounts. 8 This was done with Defendants’ ability to preserve the argument that they tendered 9 the wages prior to a lawsuit being filed and as such Plaintiff’s attorneys’ fees are not 10 11 reasonable. 3. Subsequent to this, Plaintiff made an offer to fully resolve the balance of the case and 12 the remaining Defendants made a counter offer. Plaintiff rejected the counter offer 13 and Plaintiff’s counsel is trying to meet with Plaintiff to make a counter offer. 14 4. Because the parties have been focused on resolving the case, a Notice and 15 Acknowledgment was not signed. Moreover, the Complaint was amended. 16 Defendants are executing a New Notice and Acknowledgment today. 17 5. The parties have addressed all Rule 26 issues and exchanged documents. Both sides 18 have been actively trying to investigate and resolve this matter and a continuance will 19 allow the parties to continue to do so. In the below continued dates, the election to go 20 to ADR and to have Magistrate Consents is made in roughly 30 days to move the case 21 along in anticipation of the continued CMC date. 22 23 24 SO STIPULATED FOR PLAINTIFF DATED: January 7, 2013 25 DAL BON & MARGAIN By: /s/ Tomas Margain Tomas E. Margain For Plaintiff -2STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE 1 2 3 DATED: January 7, 2013 4 5 ORDER 6 7 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: 8 February 19, 2013 9 10 11  Last Day to file a Magistrate Consent or Declination.  Last Day to Meet and Confer Regarding Initial Discloses, ADR process election and discovery plan. 12 13  Last Day to file ADR Certificate signed by Parties and Counsel. 14  Last Day to either file a stipulation to ARD Process or Notice of Need for ADR Phone 15 Conference 16 March 5, 2013, 2013 17  18 Last Day to File Rule 26(f) Report, complete initial disclosures and file Joint Case Management Statement 19 March 19, 2013 20 21 22  Initial Case Management Conference in Courtroom 5,4h Floor, San Jose Courthouse at 2:00 p.m. 23 IT IS SO ORDERED 24 DATED: January 8, 2013 By: PAUL S. GREWAL Magistrate Judge of the United States District Court 25 -3STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE

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