Gonzalez v. Nor-Cal Insulation, Inc., et al

Filing 8

ORDER GRANTING MOTION TO CONTINUE 7 . Case Management Statement due by 6/17/2015. Case Management Conference set for 6/24/2015 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 4/23/2015. (lmh, COURT STAFF) (Filed on 4/23/2015)

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TOMAS E. MARGAIN, Bar No. 193555
HUY TRAN, Bar No. 288196
Justice at Work Law Group
84 West Santa Clara Street, Suite 790
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff
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YONATHAN I. GONZALEZ
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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.: 15-793 NC

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YONATHAN I. GONZALEZ,

PLAINTIFF’S MOTION TO CONTINUE
CASE MANAGEMENT CONFERENCE
60 DAYS 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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NOR-CAL INSULATION, INC.; LUIS

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RAMOS BERMUDEZ; JOSE GUADALUPE

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LUCATERO,

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TO THE COURT AND ALL PARTIES WHO HAVE MADE AN APPEARANCE IN
THIS ACTION.
Pursuant to Civil Local Rule 16-2(d), as well as the Federal Rules of Civil Procedure,
Plaintiff hereby requests that the initial Case Management Conference set for April 29, 2015 be

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MOTION TO CONTINUE INITIAL CMC

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continued approximately (60) days to June 24, 2015 (Wednesday) at 10:00 am or the next

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available Wednesday on the Court’s calendar. As described below in the Declaration of Tomas

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E. Margain, good cause exists. Within the last week, Defendants have retained counsel and the

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corporate Defendant was served. Counsel for both parties have spoken, begun the Rule 26

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process and wish time to get the pleadings settled, exchange information and hopefully resolve
the matter or have the case referred to mediation.
Dated:

April 23, 2015
By: //s// TOMAS E. MARGAIN
TOMAS E. MARGAIN

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MOTION TO CONTINUE INITIAL CMC

DECLARATION OF TOMAS E. MARGAIN
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I, Tomas E. Margain, declare as follows:
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I am an attorney admitted to this Court and Plaintiff’s attorney of record. I base

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this declaration on my personal knowledge unless otherwise indicated.
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2.

The Complaint was filed on February 23, 2015 and an initial CMC set for April

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29, 2015 approximately 60 days from filing.
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3.

After filing the Complaint, I mailed a letter to Defendants and also put the

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complaint out for service. I did delay service for about 30 days trying to get a response via a
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letter.
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4.

On April 20, 2015, I spoke with Mike Dillingham, who I have worked with in the

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past, who is representing Defendants. While there are lots of contested issues, we agreed to my
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seeking to continue the initial CMC, focusing on our Rule 26 obligations and exchanges and
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move towards mediation if we cannot otherwise resolve the matter. Based on the conversation, I
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have also scheduled a meeting with Plaintiff to get authority to make a demand.
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5.

I am also informed that my process server did serve the home of one of the

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Defendants who I believe may be the address of the agent for service of the corporation. Having
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said that, Mr. Dillingham agreed to accept service.
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6.

Continuing the Initial CMC to June 24, 2015 will allow me to complete the above

tasks. My hope is that at the very least, we would have agreed to mediation and submitted an
order as well as having finished our Initial Disclosures before the Initial CMC.

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I declare under penalties of perjury under the laws of the United States that the foregoing
is true and accurate. Executed on April 23, 2015 in San Jose, California.
By:

//s//TOMAS E. MARGAIN//s//
TOMAS E. MARGAIN

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MOTION TO CONTINUE INITIAL CMC

MEMORANDUM OF POINTS AND AUTHORITIES
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Pursuant to Civil Local Rule 16-2(d), the Court has the authority to modify the Initial
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Case Management Order upon a motion by a party seeking relief from such an order. Here,
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counsel have met and conferred about the continuance. Also, good cause exists. A continuance
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will allow the pleadings to be settled and counsel to have complied with ADR and Rule 26
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obligations. Moreover, the time will allow the parties to explore a settlement.
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Dated:

APRIL 23, 2015

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By: //s// TOMAS E. MARGAIN
TOMAS E. MARGAIN

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MOTION TO CONTINUE INITIAL CMC

UNITED STATES DISTRICT COURT
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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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Case No.: 15-793 NC

YONATHAN I. GONZALEZ,

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[PROPOSED] ORDER GRANTING
PLAINTIFF’S MOTION TO CONTINUE
CASE MANAGEMENT CONFERENCE
PURSUANT TO LOCAL RULE 16-2(d)

Plaintiff,

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v.

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NOR-CAL INSULATION, INC.; LUIS

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RAMOS BERMUDEZ; JOSE GUADALUPE

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LUCATERO,

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Defendants

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BASED ON PLAINTIFF’S MOTION TO CONTINUE, THE COURT’S FILE AND
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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June 12, 2015


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Last Day to Meet and Confer Regarding Initial Discloses, ADR process election and
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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MOTION TO CONTINUE INITIAL CMC

June 18, 2015
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Management Statement

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June 24, 2015

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Initial Case Management Conference in Courtroom 7,4h Floor, San Jose Courthouse at
10:00 a.m.
IT IS SO ORDERED.

S
April 23, 2015

By:

UNIT
ED

DATED:

NATHANAEL COUSINS
United States ANTED
GR District Court
Magistrate Judge

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NO

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RT

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thanael
Judge Na

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M. Cousin

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MOTION TO CONTINUE INITIAL CMC

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Last Day to File Magistrate Consent Form

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Last Day to File Rule 26(f) Report, complete initial disclosures and file Joint Case

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