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)

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TOMAS E. MARGAIN, Bar No. 193555
CASA LEGAL
84 W. SANTA CLARA St. SUITE 790
SAN JOSE CA 95113
Tel. [phone]
Fax. [phone]

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[e-mail]
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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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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.

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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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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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

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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