Aquino et al v. Zephyr Real Estate LLC

Filing 11

MODIFIED ORDER GRANTING STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE 9 . Initial Case Management Conference set for 4/29/2015 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 1/27/2015. (lmh, COURT STAFF) (Filed on 1/27/2015)

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BROOKE OLIVER, ESQ. (SBN 172828)
Email: [e-mail]
ROSACLAIRE BAISINGER, ESQ. (SBN 200438)
Email: [e-mail]
50 Balmy Law P.C.
50 Balmy Alley
San Francisco, CA 94110
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiffs
FRANCISCO AQUINO, MONA CARON, SUSAN
KELK CERVANTES, JETRO MARTINEZ, SIRRON
NORRIS, HENRY SULTAN, JENNIFER BADGER
SULTAN, and MARTIN TRAVERS
MARK R. LEONARD, Esq. (SBN #219186)
Davis & Leonard LLP
8880 Cal Center Drive, Suite 180
Sacramento, CA 95826
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Defendant DPPM, INC. dba ZEPHYR
REAL ESTATE

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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FRANCISCO AQUINO, an individual;
MONA CARON, an individual; SUSAN
KELK CERVANTES, an individual; JETRO
MARTINEZ, an individual; SIRRON
NORRIS, an individual; HENRY SULTAN,
an individual; JENNIFER BADGER
SULTAN, an individual; and MARTIN
TRAVERS,

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Case No. CV 15-00060 NC
MODIFIED
STIPULATION AND [PROPOSED] ORDER
CONTINUING INITIAL CASE
MANAGEMENT CONFERENCE
Magistrate: Nathanael Cousins
Date:
March 25, 2015
Time:
10:00 a.m.

Plaintiffs,
vs.

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DPPM, INC., a California corporation doing
business as ZEPHYR REAL ESTATE; and
DOES 1 through 10, inclusive,
Defendants.

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Case No. CV 15-00060 NC

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Stipulation & [Proposed] Order Continuing
Initial Case Management Conference

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Plaintiffs FRANCISCO AQUINO, MONA CARON, SUSAN KELK CERVANTES, JETRO

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MARTINEZ, SIRRON NORRIS, HENRY SULTAN, JENNIFER BADGER SULTAN, and MARTIN

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TRAVERS (“Plaintiffs”) and Defendant DPPM, INC. doing business as Zephyr Real Estate

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(“Defendant” or “Zephyr”) hereby stipulate and respectfully request that the Court continue the Initial

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Case Management Conference.

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The parties, by and through their respective counsel, hereby stipulate and agree to the following:

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WHEREAS, Plaintiffs filed their Complaint on January 6, 2015;

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WHEREAS, the Order Setting Initial Case Management Conference and ADR Deadlines filed

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on January 7, 2015, set the Initial Case Management Conference for March 25, 2015;
WHEREAS, Plaintiffs filed their First Amended Complaint (“FAC”) naming Zephyr on
January 20, 2015;

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WHEREAS, Zephyr waived service of the summons on January 21, 2015;

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WHEREAS, Plaintiffs’ lead counsel, Brooke Oliver, will be out of the country for a different

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client matter from March 15, 2015 until April 5, 2015;
The parties hereby STIPULATE that Plaintiffs’ counsel and Zephyr’s counsel agree to continue
the Initial Case Management Conference to April 22, 2015, and related deadlines accordingly.

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Dated: January 26, 2015

50 BALMY LAW P.C.

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By:

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Dated: January 26, 2015

/s/ Brooke Oliver
Brooke Oliver, Esq.
Rosaclaire Baisinger, Esq.
Attorneys for Plaintiffs FRANCISCO
AQUINO, MONA CARON, SUSAN KELK
CERVANTES, JETRO MARTINEZ,
SIRRON NORRIS, HENRY SULTAN,
JENNIFER BADGER SULTAN, and
MARTIN TRAVERS

DAVIS & LEONARD LLP

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By:

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Case No. CV 15-00060 NC

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/s/ Mark R. Leonard
Mark R. Leonard, Esq.
Attorneys for Defendant DPPM, INC.
Stipulation & [Proposed] Order Continuing
Initial Case Management Conference

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ATTESTATION
(Civil Local Rules 5-1)

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I, Brooke Oliver, am the ECF User whose ID and password are being used to file this

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STIPULATION AND [PROPOSED] ORDER CONTINUING INITIAL CASE MANAGEMENT

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CONFERENCE. In compliance with Local Rule 5-1, I hereby attest that Mark R. Leonard has

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concurred in this filing.

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Dated: January 26, 2015

/s/ Brooke Oliver
Brooke Oliver, Esq.

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[PROPOSED] ORDER

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10:00 a.m., and all related deadlines are continued accordingly.

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Dated:

January 27, 2015

RT
U
O

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DERED
SO OR
IT IS
DIFIED
AS MO

NO

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RT

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thanael
Judge Na

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s

A

H

ER

M. Cousin

LI

UNIT
ED

S

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S DISTRICT
TE
C
TA JUDGE NATHANAEL COUSINS
MAGISTRATE

R NIA

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Pursuant to stipulation, and good cause appearing, it is hereby ORDERED that the Initial Case
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Management Conference in the above-captioned matter is continued to April 22, 2015, commencing at

FO

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N

D IS T IC T
R

OF

C

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Case No. CV 15-00060 NC

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Stipulation & [Proposed] Order Continuing
Initial Case Management Conference

PROOF OF SERVICE

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I declare that I am over the age of eighteen, and that I am not a party to this action. My business
address is 50 Balmy Alley, San Francisco, CA 94110.
On January 26, 2015 I served the foregoing document(s) described as:

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STIPULATION AND [PROPOSED] ORDER CONTINUING
INITIAL CASE MANAGEMENT CONFERENCE

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on all interested parties, as follows:
Mark R. Leonard, Esq.
Davis & Leonard LLP
8880 Cal Center Drive, Suite 180
Sacramento, CA 95826
Attorneys for Defendant DPPM, Inc. dba Zephyr
Real Estate
[ X ] U.S. MAIL: I am readily familiar with the firm’s practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal
Service on that same day with postage thereon fully prepaid in San Francisco, California, in the
ordinary course of business. I am aware that on motion of the party served service is presume
invalid if postal cancellation date or postage meter date is more than one day after date of deposit
for mailing in affidavit.
[ X ] ELECTRONIC MAIL TRANSMISSION: Based on an agreement between the parties and/or
as a courtesy, I caused the foregoing document(s) to be transmitted by electronic mail to the
email address(es) set forth above. I did not receive, within a reasonable time after the
transmission, any electronic or other indication that the transmission was unsuccessful.
[ X ] I declare that I am employed in the office of a member of the bar of this Court at whose direction
the service was made. I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Executed on January 26, 2015, in San Francisco, California.

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Trinh Nguyen

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Case No. CV 15-00060 NC

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Stipulation & [Proposed] Order Continuing
Initial Case Management Conference