Ramirez v. Noah Concrete Corporation et al

Filing 15

Order by Hon. Lucy H. Koh granting 14 Motion to Modify Initial Case Management Order.(lhklc3, COURT STAFF) (Filed on 1/9/2013)

Download PDF
1 2 3 TOMAS E. MARGAIN, Bar No. 193555 CASA LEGAL 84 W. SANTA CLARA St. SUITE 790 SAN JOSE CA 95113 Tel. (408) 317-1100 Fax. (408) 315-0150 4 margainlaw@hotmail.com 5 Attorneys for Plaintiff 6 EDUARDO RAMIREZ 7 UNITED STATES DISTRICT COURT 8 9 FOR THE 10 NORTHERN DISTRICT OF CALIFORNIA Case No.: CV 12-05553 LHK 11 12 EDUARDO RAMIREZ PLAINTIFF’S MOTION TO MODIFY INITIAL CASE MANAGEMENT ORDER PURSUANT TO LOCAL RULE 16-2(d); DECLARATION OF TOMAS E. MARGAIN IN SUPPORT THEREOF; and PROPOSED ORDER 13 Plaintiff, 14 15 16 v. 17 18 19 20 21 22 NOAH CONCRETE CORPORATION; MCCRARY CONSTRUCTION COMPANY; GREEN VALLEY CORPORATION dba BARRY SWENSON BUILDER; ALBANY UNIFIED SCHOOL DISTRICT; CITY OF HOLLISTER; and TRAVELERS CASUALTY & SURETY CO. OF AMERICA Defendants. 23 24 25 1 MOTION TO CONTINUE INITIAL CMC TO THE COURT AND ALL PARTIES WHO HAVE MADE AN APPEARANCE IN 1 2 THIS ACTION 3 Pursuant to Local Rule 16-2(d), as well as the Federal Rules of Civil Procedure, Plaintiff 4 hereby requests that the ADR deadlines in anticipation of the January 30, 2013 Case 5 Management Conference be modified as the parties have reached a global resolution. As described in the below Declaration of Tomas E. Margain, good cause exists. Counsel 6 for Defendant NOAH CONCRETE CORPORATION and Plaintiff have reached a global 7 resolution. This settlement was reached on Monday January 7, 2013 and needs to be reduced to 8 a writing and the case dismissed by stipulation as an appearance had been made. However, 9 January 9, 2013 is the deadline for certain ADR obligations which Plaintiff would like to push to 10 January 23, 2013. In the alternative, the Court can continue the CMC and related deadlines two 11 12 weeks. However, as it is anticipated that the settlement will be consummated by January 23, 2013, this is not being requested. 13 14 Dated: January 8, 2013 By: //s// TOMAS E. MARGAIN TOMAS E. MARGAIN 15 16 17 DECLARATION OF TOMAS E. MARGAIN I, TOMAS E. MARGAIN, declare as follows: 18 1. I am an attorney duly authorized to practice before this Court and Plaintiffs’ 19 attorney of record in this action. I base this declaration on my personal knowledge unless 20 otherwise indicated. 21 2. Defendant NOAH CONCRETE CORPORATION is being represented by Dawna 22 J. Chillufo. On Monday January 7, 2013, I informed Ms. Chillufo that my client had accepted 23 the monetary offer made and a payment plan. We have informed the other parties and counsel 24 and I am in the process of sending a written settlement agreement that would dispose of all 25 claims. 2 MOTION TO CONTINUE INITIAL CMC 3. 1 2 January 9, 2013 is the deadline date to meet and confer on ADR. January 23, 2013 is the deadline for Rule 26 obligations and to submit a Joint Case Management Statement. 4. 3 I believe the parties will be able to draft and execute a settlement agreement by 4 the 23rd. However, I am submitting this motion to inform the Court of the settlement and to push 5 back the ADR deadlines. 6 I declare under penalties of perjury under the laws of the United States that the foregoing 7 8 is true and accurate. Executed on January 8, 2013 in San Jose, Santa Clara California. By: ____//s// Tomas Margain__________ Tomas E. Margain 9 10 11 ARGUMENT 12 13 14 The Court has the authority to continue hearings and a party may seek a continuance under Local Rule 16. Here, Plaintiff has reached a global settlement which needs to be reduced to a writing. As such, a modification of the Initial CMC Order is sought to accommodate 15 reducing the settlement to a writing, having it executed, and dismissing the action. 16 17 Dated: January 8, 2013 18 19 By: //s// TOMAS E. MARGAIN TOMAS E. MARGAIN 20 21 22 23 24 25 3 MOTION TO CONTINUE INITIAL CMC 1 2 3 4 5 6 7 8 9 10 11 UNITED STATES DISTRICT COURT 12 FOR THE 13 NORTHERN DISTRICT OF CALIFORNIA 14 15 16 Case No.: CV 12-05553 LHK EDUARDO RAMIREZ Plaintiff, 17 ORDER GRANTING PLAINTIFFS’ MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE PURSUANT TO LOCAL RULE 16-2(d) v. 18 19 20 21 22 NOAH CONCRETE CORPORATION; MCCRARY CONSTRUCTION COMPANY; GREEN VALLEY CORPORATION dba BARRY SWENSON BUILDER; ALBANY UNIFIED SCHOOL DISTRICT; CITY OF HOLLISTER; and TRAVELERS CASUALTY & SURETY CO. OF AMERICA 23 Defendants. 24 25 4 MOTION TO CONTINUE INITIAL CMC 1 BASED ON PLAINTIFF’S MOTION TO CONTINUE, THE COURT’S FILE AND 2 GOOD CAUSE SHOWN, THE COURT ORDERS AS FOLLOWS: 3 4 The initial Case Management Conference and Rule 26 Deadlines are continued as follows: 5 6 January 23, 2013  Last Day to Meet and Confer Regarding Initial Discloses, ADR process election and 7 discovery plan. 8  Last Day to file ADR Certificate signed by Parties and Counsel.  Last Day to either file a stipulation to ARD Process or Notice of Need for ADR Phone 9 10 11 Conference. 12 January 23, 2013 13  Last Day to File Rule 26(f) Report, complete initial disclosures and file Joint Case Management Statement 14 15  16 January 30, 2012 17  Last Day to File Magistrate Consent Form Initial Case Management Conference in Courtroom 8, 4th Floor, San Jose Courthouse at 18 2:00 p.m. 19 IT IS SO ORDERED 20 21 DATED: January 9, 2013 By: Hon. Lucy H. Koh United States District Court Judge 22 23 24 25 5 MOTION TO CONTINUE INITIAL CMC

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?