Marroquin v. Ashron Construction & Restoration, Inc et al

Filing 26

STIPULATION AND ORDER continuing Initial Case Management Conference. Case Management Statement due by 9/10/2013. Initial Case Management Conference continued to 9/17/2013 at 1:30 PM in Courtroom 2, 5th Floor, San Jose. Signed by Magistrate Judge Howard R. Lloyd on July 25, 2013. (hrllc1, COURT STAFF) (Filed on 7/25/2013)

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*E-FILED: July 25, 2013* 1 2 3 4 5 6 TOMAS MARGAIN, Bar No. 193555 HUY TRAN, Bar No. 288196 Justice at Work Law Group 84 W. Santa Clara St., Ste. 790 San Jose, CA 95113 Tel: (408) 317-1100 Fax: (408) 351-0105 Tomas@JAWLawGroup.com Huy@JAWLawGroup.com Attorneys for Plaintiffs CESAR GONZALEZ MARROQUIN and VINCENT DE LA TORRE 7 8 9 10 11 12 13 Dawna J. Cilluffo [231219] Chelsea K. Dunton [288742] DC Law, Dawna J. Cilluffo, A Professional Corp. 2005 De La Cruz Blvd., Suite 215 Santa Clara, CA 95050 Tel: (408) 988-7946 Fax: (408) 988-7949 dawna@dclawcorp.com chelsea@dclawcorp.com Attorneys for Defendants ASHRON CONSTRUCTION & RESTORATION, INC., EZRA COHEN and U.S. SPECIALTY INSURANCE COMPANY 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA 17 SAN JOSE DIVISION 18 19 20 21 22 23 24 25 26 ) ) Case Number: CV 13-00421 HRL ) ) STIPULATION TO CONTINUE CASE Plaintiffs, ) MANAGEMENT CONFERENCE ) vs. ) ) ASHRON CONSTRUCTION & RESTORATION, INC.; EZRA COHEN; and ) U.S. SPECIALTY INSURANCE COMPANY, ) ) ) Defendants. ) CESAR GONZALEZ MARROQUIN and VINCENT DE LA TORRE, 27 28 1 STIPULATION TO CONTINUE Plaintiffs CESAR GONZALEZ MARROQUIN and VINCENT DE LA TORRE and 1 2 Defendants ASHRON CONSTRUCTION & RESTORATION, INC. and EZRA COHEN 3 through their attorneys’ of record, hereby stipulate as follows: 4 5 1. specific instructions to get the case at issue or take defaults. Docket No. 24. 6 7 The Court on July 1, 2013 continued the Initial Case Management Conference with 2. Prior to this Order, the parties filed a Joint CMC Statement (Docket No. 19), an 8 Answer as to the Amended Complaint was filed by the Corporate Defendant (Docket 9 23) as well as Magistrate Consents as to all three Defendants (Docket Nos. 20 to 22). 10 3. 11 On July 10, 2013, the corporate Defendant, its counsel and Plaintiffs’ counsel successfully mediated a lawsuit involving a separate wage and hour dispute in the 12 matter of Emeterio v. Ashron NDCA Case No. 5:12-CV-04296 HRL. While that 13 proceeding is not related to this lawsuit, it nonetheless has created momentum for the 14 parties to focus on trying to resolve this case. 15 16 4. The parties seek a continuance of 45 days to hold various meetings to exchange 17 information and if the matter cannot be resolved submit a stipulation to go to Court 18 Sponsored mediation. During this period, the parties will complete their Rule 26 19 Disclosures which they have already begun. 20 5. 21 22 A continuance is also sought to accommodate Defendants’ counsel’s travel plans to Boston Massachusetts next week due to a death in the family. SO STIPULATED 23 FOR PLAINTIFFS 24 25 26 DATED: July 24, 2013 By: 27 28 2 STIPULATION TO CONTINUE /s/ Tomas Margain Tomas E. Margain For Plaintiffs FOR DEFENDANTS 1 2 DATED: July 24, 2013 3 By: /s/ Dawna J. Cilluffo Dawna J. Cilluffo For Defendants 4 ORDER 5 Based on GOOD CAUSE shown, the initial Case Management Conference and Rule 26 6 7 Deadlines are continued as follows: 8 9 SEPTEMBER 1, 2013  Last Day to Meet and Confer Regarding Initial Discloses, ADR process election and 10 discovery plan. 11 12  Last Day to file ADR Certificate signed by Parties and Counsel. 13  Last Day to either file a stipulation to ARD Process or Notice of Need for ADR Phone 14 15 Conference  SEPTEMBER 10, 2013 Last Day to File Rule 26(f) Report, complete initial disclosures 16 and file Joint Case Management Statement 17 18 SEPTEMBER 17, 2013 at 1:30 pm 19  20 21 Initial Case Management Conference in Courtroom 2,5th Floor, San Jose Courthouse at 1:30 p.m. IT IS SO ORDERED 22 23 24 DATED: July 25, 2013 By: HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE 25 26 27 28 3 STIPULATION TO CONTINUE

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