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Peter Mendoza,Inclusive v. Amzone

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 26, 2011

PETER MENDOZA,INCLUSIVE,
PLAINTIFF,
v.
AMZONE, LLC; HUGO MARTINEZ
(ERRONEOUSLY SUED AS AUGO MARTINEZ); HOYTT ENTERPRISES, INC.; AND DOES 1-10,
DEFENDANTS.

The opinion of the court was delivered by: Edward M. Chen U.S. District Judge

ORDER

SUPPLEMENTAL UPDATED JOINT CASE MANAGEMENT CONFERENCE STATEMENT RESETTING CMC

Plaintiff PETER MENDOZA ("Plaintiff") and defendants AMZONE, LLC; HUGO MARTINEZ (erroneously sued as AUGO MARTINEZ); and HOYTT ENTERPRISES, INC. (all defendants together "Defendants"), by and through their respective counsel, hereby jointly file this supplemental updated Joint Case Management Conference Statement.

As noted in the updated Joint Case Management Conference Statement filed with the Court on July 22, 2011, at a July 20, 2011 mediation with James Hodgkins, the parties settled all issues in this case, including: injunctive relief, damages, attorneys' fees, litigation expenses, and costs. On July 21, 2011, the parties filed a Consent Decree and Proposed Order with the Court that memorializes settlement of injunctive relief. See Docket No. 26. The parties are currently working on a written agreement that describes all of the terms of settlement of monetary issues in this case.

The parties file this supplemental updated statement to clarify that they do not want the Court to dismiss this case until the injunctive relief described in the Consent Decree and Order is completed and all payments for damages, attorneys' fees, litigation expenses and costs are made. The parties will file a stipulated dismissal upon completion of these terms.

DATED: July 25, 2011 LAW OFFICES OF PAUL L. REIN By: Catherine M. Cabalo Attorneys for Plaintiff PETER MENDOZA DATED: July 25, 2011 VALERIAN PATTERSON & STRATMAN LLP By: David E. Hunter, III Attorneys for Defendants AMZONE LLC, HUGO MARTINEZ (erroneously sued as AUGO MARTINEZ), and HOYTT ENTERPRISES, INC.

IT IS SO ORDERED that the Status Conference set for 8/1/11 at 10:30 a.m. is reset for 9/9/11 at 10:30 a.m. An updated joint Status Report shall be filed by 9/2/11.

ORDERED

IS TES D TRICT A S T C D U O E R T T I IT U AS MODIFIED A I N N Edward M. Chen R O Judge O R L I F T H E A R C N F DIST CT O RI

FILER'S ATTESTATION

Pursuant to General Order 45, section X(B), I hereby attest that on July 25, 2011, I, Catherine M. Cabalo, received the concurrence of David E. Hunter, III in the filing of this document.

Catherine M. Cabalo

20110726

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