Ramirez v. Noah Concrete Corporation et al
Filing
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Order by Hon. Lucy H. Koh granting 14 Motion to Modify Initial Case Management Order.(lhklc3, COURT STAFF) (Filed on 1/9/2013)
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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
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margainlaw@hotmail.com
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Attorneys for Plaintiff
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EDUARDO RAMIREZ
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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
Case No.: CV 12-05553 LHK
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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
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Plaintiff,
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v.
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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.
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MOTION TO CONTINUE INITIAL CMC
TO THE COURT AND ALL PARTIES WHO HAVE MADE AN APPEARANCE IN
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THIS ACTION
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Pursuant to Local Rule 16-2(d), as well as the Federal Rules of Civil Procedure, Plaintiff
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hereby requests that the ADR deadlines in anticipation of the January 30, 2013 Case
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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
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for Defendant NOAH CONCRETE CORPORATION and Plaintiff have reached a global
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resolution. This settlement was reached on Monday January 7, 2013 and needs to be reduced to
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a writing and the case dismissed by stipulation as an appearance had been made. However,
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January 9, 2013 is the deadline for certain ADR obligations which Plaintiff would like to push to
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January 23, 2013. In the alternative, the Court can continue the CMC and related deadlines two
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weeks. However, as it is anticipated that the settlement will be consummated by January 23,
2013, this is not being requested.
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Dated:
January 8, 2013
By: //s// TOMAS E. MARGAIN
TOMAS E. MARGAIN
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DECLARATION OF TOMAS E. MARGAIN
I, TOMAS E. MARGAIN, declare as follows:
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1.
I am an attorney duly authorized to practice before this Court and Plaintiffs’
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attorney of record in this action. I base this declaration on my personal knowledge unless
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otherwise indicated.
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2.
Defendant NOAH CONCRETE CORPORATION is being represented by Dawna
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J. Chillufo. On Monday January 7, 2013, I informed Ms. Chillufo that my client had accepted
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the monetary offer made and a payment plan. We have informed the other parties and counsel
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and I am in the process of sending a written settlement agreement that would dispose of all
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claims.
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MOTION TO CONTINUE INITIAL CMC
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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.
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I believe the parties will be able to draft and execute a settlement agreement by
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the 23rd. However, I am submitting this motion to inform the Court of the settlement and to push
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back the ADR deadlines.
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I declare under penalties of perjury under the laws of the United States that the foregoing
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is true and accurate. Executed on January 8, 2013 in San Jose, Santa Clara California.
By: ____//s// Tomas Margain__________
Tomas E. Margain
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ARGUMENT
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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
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reducing the settlement to a writing, having it executed, and dismissing the action.
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Dated:
January 8, 2013
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By: //s// TOMAS E. MARGAIN
TOMAS E. MARGAIN
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MOTION TO CONTINUE INITIAL CMC
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UNITED STATES DISTRICT COURT
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FOR THE
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NORTHERN DISTRICT OF CALIFORNIA
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Case No.: CV 12-05553 LHK
EDUARDO RAMIREZ
Plaintiff,
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ORDER GRANTING PLAINTIFFS’
MOTION TO CONTINUE CASE
MANAGEMENT CONFERENCE
PURSUANT TO LOCAL RULE 16-2(d)
v.
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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
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Defendants.
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MOTION TO CONTINUE INITIAL CMC
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BASED ON PLAINTIFF’S MOTION TO CONTINUE, THE COURT’S FILE AND
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GOOD CAUSE SHOWN, THE COURT ORDERS AS FOLLOWS:
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The initial Case Management Conference and Rule 26 Deadlines are continued as follows:
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January 23, 2013
Last Day to Meet and Confer Regarding Initial Discloses, ADR process election and
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discovery plan.
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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
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Conference.
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January 23, 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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January 30, 2012
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Last Day to File Magistrate Consent Form
Initial Case Management Conference in Courtroom 8, 4th Floor, San Jose Courthouse at
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2:00 p.m.
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IT IS SO ORDERED
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DATED:
January 9, 2013
By:
Hon. Lucy H. Koh
United States District Court Judge
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MOTION TO CONTINUE INITIAL CMC
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