Filed: Oct. 16, 2015
Latest Update: Oct. 16, 2015
Summary: SECOND STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE NATHANAEL COUSINS , Magistrate Judge . WHEREAS, Plaintiff, LUIS ALDAMA ESPINOZA, filed a Complaint in the above-captioned case against Defendants, CONCRETE DEMO WORKS INC. and EDSON FERNANDO FLORES (herein collectively "Defendants") on April 24, 2015 [Dkt. No. 1]; WHEREAS, Defendant CONCRETE DEMO WORKS INC. was served on June 5, 2015 [Dkt. No. 9]; WHEREAS, on October 12, 2015, both defendants filed an Answer and a
Summary: SECOND STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE NATHANAEL COUSINS , Magistrate Judge . WHEREAS, Plaintiff, LUIS ALDAMA ESPINOZA, filed a Complaint in the above-captioned case against Defendants, CONCRETE DEMO WORKS INC. and EDSON FERNANDO FLORES (herein collectively "Defendants") on April 24, 2015 [Dkt. No. 1]; WHEREAS, Defendant CONCRETE DEMO WORKS INC. was served on June 5, 2015 [Dkt. No. 9]; WHEREAS, on October 12, 2015, both defendants filed an Answer and a ..
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SECOND STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE
NATHANAEL COUSINS, Magistrate Judge.
WHEREAS, Plaintiff, LUIS ALDAMA ESPINOZA, filed a Complaint in the above-captioned case against Defendants, CONCRETE DEMO WORKS INC. and EDSON FERNANDO FLORES (herein collectively "Defendants") on April 24, 2015 [Dkt. No. 1];
WHEREAS, Defendant CONCRETE DEMO WORKS INC. was served on June 5, 2015 [Dkt. No. 9];
WHEREAS, on October 12, 2015, both defendants filed an Answer and a Consent to Magistrate Judge Jurisdiction (Dkt. Nos. 17, 21);
WHEREAS, on October 12, 2015, pursuant to the parties' written Stipulation, the Court extended by two weeks the then pending deadlines in this case, including the Case Management Conference (Dkt. No. 20);
WHEREAS, on October 14, 2015, Defendants' counsel, John DiNapoli learned that his primary contact with defendant CONCRETE DEMO WORKS, INC., would be out of the office and on vacation until Thursday, October 22, 2015, rather than Friday, October 16, 2015, which meant that she would not return until after the events then due on October 20, 2015, and shortly before the events due on October 27, 2015;
WHEREAS the parties would like a second short continuance of 7 days for the events now due on October 20 and 27, 2015, and a continuance of the Case Management Conference to the next date available on the Court's calendar. These extensions of time will enable the parties' counsel to finish meeting and conferring, confer about ADR elections and to be better prepared to exchange Initial Disclosures and participate in the Initial Case Management Conference on a date to be specified by the Court.
THEREFORE, IT IS STIPULATED, by and between Plaintiff and Defendants, the initial deadlines may be modified as follows:
(1) October 27, 2015 shall be the last day to:
• meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plans;
• file ADR Certification signed by Parties and Counsel
• file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference
(2) November 3, 2015 shall be the last day to:
• File Rule 26(f) Report,
• complete initial disclosures or state objection in Rule 26(f) Report and
• file Case Management Statement per Standing Order re Contents of Joint Case Management Statement
(3) The Initial Case Management Conference will be set for November 18, 2015 in Courtroom 7, 4th Floor, San Jose, at 10:00 AM, or such other date as specified by the Court.
[PROPOSED] ORDER GRANTING MOTION TO CONTINUE AND EXTENSION OF TIME TO RESPOND
Based on good cause the Court hereby modifies and continues the initial Deadlines as follows:
(1) October 27, 2015 shall be the last day to:
• meet and confer re: initial disclosures, early settlement, ADR process selection, and discovery plans;
• file ADR Certification signed by Parties and Counsel
• file either Stipulation to ADR Process or Notice of Need for ADR Phone Conference
(2) November 3, 2015 shall be the last day to:
• File Rule 26(f) Report,
• complete initial disclosures or state objection in Rule 26(f) Report and
• file Case Management Statement per attached Standing Order re Contents of Joint Case Management Statement
(3) The Initial Case Management Conference will be set for November ____, 2015 in Courtroom 7, 4th Floor, SJ at 10:00 AM.
IT IS SO ORDERED.
