UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
December 7, 2011
VLADIMIR BALAREZO, ABELARDO GUERRERO,
VICTOR FUNEZ & OSMIN AVILA, AND ON BEHALF OF OTHER SIMILARLY SITUATED
NTH CONNECT TELECOM INC., AND STEVEN CHEN,
The opinion of the court was delivered by: Judge Phyllis J. Hamilton United States District Judge
ADAM WANG (STATE BAR NUMBER 201233) LAW OFFICS OF ADAM WANG 2 12 South First Street, Suite 708 San Jose, CA 95113 3 Tel: (408) 421-3403 Fax: (408) 416-0284 4 TOMAS MARGAIN, (SBN 193555) 5 DAL BON & MARGAIN, APC 28 NORTH 1ST SUITE 700 6 SAN JOSE, CA 95113 7 TEL (408) 297-4729 FAX (408) 297-4728 8 email@example.com 9 ATTORNEY FOR PLAINTIFFS 10
STIPULATION REQUESTING AN
ORDER CHANGING AND
DECLARATION OF TOMAS
MARGAIN; [PROPOSED] ORDER
Plaintiffs and Defendants agree and stipulate to continue a Case 24 Management Conference set for December 12, 2011 to January 19, 2012 as 25 Plaintiffs counsel have a conflict that day and time in that they have an appearance 26 in Sacramento. Because both counsel want to be at this Case Management Conference in person, the continuance is sought. The basis is explained in the Declaration of Tomas E. Margain.
that the Case Management Conference set for December 15, 2011 shall be continued to
PURSUANT TO STIPULATION, IT IS HEREBY ORDERED
January 19, 2012 at 2:00 p.m.. Parties are to file a Joint Case Management Statement by January 12, 2012.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
IT IS SO ORDERED
DECLARATION OF TOMAS MARGAIN
I, Tomas Margain, declare:
1. I am an attorney admitted to practice before the United States District Court, and one of Plaintiffs attorneys of record. I have personal knowledge of the facts set forth herein and could testify competently thereto.
2. Adam Wang and I are co-counsel representing the Plaintiff in the case of Pulera v. F&B, Inc., et al 08-CV-00275 MCE-DAD pending in the Eastern District. On December 15 2011 at 2:00 pm. we have a Court hearing in Sacramento. The Court Hearing was a final pre-trial conference which was vacated after Defendants failed to submit their pre-trial papers. The appearance is now an OSC hearing to show cause why sanctions should not be imposed including terminating sanctions for the failure to file pre-trial filings and for Defendants to serve a cross-complaint.
3. I had planned to appear personally in the Pulera case in Sacramento and to have Adam Wang appear in this case. However, after speaking with Mr. Wang to prepare the draft of the joint CMC statement, we believe that both of us should be at the Case Management Conference before this Court in person. We want to do his so that we may both address to the Court the procedural posture of the case and possible trial and pre-trial dates.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.
Dated: December 9, 2011
//s// Tomas Margain
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