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Apolonia Salinas, et al v. Lavender Investment

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


March 18, 2011

APOLONIA SALINAS, ET AL., PLAINTIFFS,
v.
LAVENDER INVESTMENT, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

** E-filed March 18, 2011 **

NOT FOR CITATION

ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION TO ENFORCE SETTLEMENT AGREEMENTS

[Re: Docket No. 22]

Apolonia Salinas and Faustino Cortez ("Plaintiffs") brought this wage-and-hour action against their former employer Lavender Investment, Inc. d/b/a/ Ma's Restaurant ("Lavender") and Tohn Shieh ("Shieh"). In November 2010, Plaintiffs executed separate settlement agreements with Lavender. Apparently, Lavender has not fulfilled its obligations under them. Thus, Plaintiffs have 20 filed a motion to enforce the agreements. Docket No. 22. No opposition has been filed, and oral 21 argument is currently scheduled for March 22, 2011.

On March 18, 2011, this Court granted Lavender's counsel's motion to withdraw from this case. Docket No. 26. However, since Lavender is a corporation, it may not appear pro se (Civ. L. R. 3-9(b)), and no substitute counsel has appeared on behalf of Lavender.

Given these circumstances, Plaintiffs' motion to enforce the settlement agreements is CONTINUED to May 10, 2011. Lavender, having secured counsel, may file any opposition by April 19, 2011, and Plaintiffs may file any reply by April 26, 2011.

IT IS SO ORDERED.

C09-04541 HRL Notice will be electronically mailed to:

Adam Wang adamqwang@gmail.com, alpedersen@gmail.com, rosilenda@gmail.com Adam Lee Pedersen alpedersen@gmail.com Daniel Francis Pyne, III dpyne@hopkinscarley.com, jfarlow@hopkinscarley.com

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the court's CM/ECF program.

20110318

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