Free Case Management Statement - District Court of California - California

Case 5:07-cv-05731-PVT

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Filed 03/03/2008

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ADAM WANG (STATE BAR NUMBER 201233) LAW OFFICES OF ADAM WANG 12 South First Street, Suite 613 San Jose, CA 95113 Tel: (408) 292-1040 Fax: (408) 286-6619 Attorney for Plaintiffs BING RUI, ESQ. (CSB #203521) JEFFREY A. CHEN, ESQ. (CSB #189514) U.S.-China Law Group A Professional Corporation 3031 Tisch Way, Suite 500 San Jose, California 95128 Telephone: (408) 261-5880 Facsimile: (408) 251-5888 Attorneys for Defendants UNITED STATES DISTRICT COURT FOR DISTRICT OF NORTHERN CALIFORNIA Case No.: C07-5731 PVT MING-GUI LI, CHI-POE HSUEH, KING KENUNG LAM, GUAN YU LI, YEN SHIUNG HUANG Plaintiffs, vs. OKRA Inc., dba CAFE OPHELIA, HSIU YUN HUANG, does 1-10 Defendants In accordance with the Standing Order for All Judges of the Northern District of California, the parties in this matter hereby submit this Joint Case Management Conference Statement. JOINT CASE MANAGEMENT STATEMENT

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JOINT CASE MANAGEMENT STATEMENT Li, et al v. Okra Inc. et al.

C07-5731 PVT

Case 5:07-cv-05731-PVT

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Filed 03/03/2008

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1.

JURISDICTION AND SERVICE The basis for the Court's subject matter jurisdiction over Plaintiff's claims is the Fair

Labor Standards Act, 29 U.S.C. §§ 201 et seq., as alleged in the Complaint. There are no existing issues regarding personal jurisdiction or venue. There are no parties that remain to be served. 2. FACTS Plaintiffs were employed as restaurant workers for Defendant Okra Inc. doing business as Café Ophelia during the four year period prior to the filing of his Complaint. In this action,

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Plaintiffs seek overtime and other wage and hour claims against Defendants under the authority
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of both federal and California law.
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The principal factual issues in dispute are: 1. Whether and to what extent were Plaintiffs have not been paid overtime to which they are

entitled; 2. 3. Whether the individual defendants have been properly sued. LEGAL ISSUES Plaintiffs assert that Defendants failed to pay them overtime pay in violation of California Labor Code §§ 501 and 1194 as well as in violation of the Fair Labor Standards Act, 29 U.S.C.

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§§ 201 et seq. Plaintiffs further allege that Defendants violated California Labor Code § 226.7
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by failing to provide meal and rest periods to Plaintiffs. Plaintiffs further allege that Defendants
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failed to pay Plaintiffs their wages upon termination in violation of California Labor Code § 201. Finally, Plaintiffs seek restitution of overtime wages in accordance with California Business & Professions Code § 17200. In addition, Plaintiffs were recently informed that Defendants Oka Inc. have sold all three restaurants it owned and operated, and has already been dissolved. Plaintiffs will accordingly move to amend complaint seeking the liability of shareholder and board of directors.

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JOINT CASE MANAGEMENT STATEMENT Li, et al v. Okra Inc. et al.

C07-5731 PVT

Case 5:07-cv-05731-PVT

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Filed 03/03/2008

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4.

MOTIONS The parties anticipate the filing of the following motions: (a) (b) Plaintiff's motion to amend complaint to include Defendants' Motions for Partial Summary Judgment and/or Summary Judgment

to dismiss claims against individual defendants; (c) 5. Plaintiffs' Motion for Attorney's Fees.

AMENDMENT OF PLEADINGS Plaintiffs were recently informed that Defendants Oka Inc. have sold all three restaurants

it owned and operated, and has already been dissolved. Plaintiffs will accordingly move to amend complaint seeking the liability of shareholder and board of directors. 6. EVIDENCE PRESERVATION Defendants have been notified by their counsel of the obligation to preserve all electronically stored or other evidence, but it is not clear Defendants have not taken steps to do so because the business has been sold. 7. DISCLOSURES Parties agree to provide their initial disclosures no later than March 10, 2008. 8. DISCOVERY Parties agree to adhere to the limitations set forth in the Federal Rules of Civil Procedure.

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9.
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CLASS ACTIONS
N/A

10.
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RELATED CASES There are no related cases or proceedings pending before another Judge of this Court or

before another Court or administrative body. 11. RELIEF Plaintiff has no sufficient record or information to accurately calculate damages sustained.

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JOINT CASE MANAGEMENT STATEMENT Li, et al v. Okra Inc. et al.

C07-5731 PVT

Case 5:07-cv-05731-PVT

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SETTLEMENT AND ADR The parties agree to participate in the court-sponsored mediation.

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CONSENT TO MAGISTRATE JUDGE FOR ALL PURPOSES Plaintiffs consent to the assignment of this to a magistrate judge for the all further

proceedings. 14. OTHER REFERENCES The parties agree that that this case is not suitable for a binding arbitration and do agree on any other reference.

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15.
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NARROWING OF ISSUES N/A

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EXPEDITED SCHEDULE The parties do not believe that this case can be put on an expedited schedule.

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SCHEDULING

The parties submit the following schedule to this Court in relation to discovery, motions, designation of experts, and pretrial conference and trial: (a) (b) (c) (d) (e) (e) Fact discovery cutoff on September 31, 2008; Expert reports October 15, 2008; Expert rebuttal reports October 31, 2008; Expert Discovery Cutoff November 15, 2008; Last day of hearing on dispositive motion on October 14, 2008; Trial Date: December 1, 2008 The parties agree to meet and confer concerning any modifications to this plan.

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(f) 18.

TRIAL Parties have requested a jury trial. Plaintiff estimates length of trial is 7 court days, while

defendants expect 3 to 4 days.

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JOINT CASE MANAGEMENT STATEMENT Li, et al v. Okra Inc. et al.

C07-5731 PVT

Case 5:07-cv-05731-PVT

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Filed 03/03/2008

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DISCLOSURE OF NON-PARTY INTERESTED ENTITIES OR PERSONS Parties have no one to report other than parties themselves.

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OTHER MATTERS None.

DATED: February 29, 2008

By: /s/ Adam Wang
ADAM WANG

Attorneys for Plaintiffs Jie Yu
DATED: March 3, 2008

By: /Jeffery Chen Jeffery Chen Attorneys for Defendants

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JOINT CASE MANAGEMENT STATEMENT Li, et al v. Okra Inc. et al.

C07-5731 PVT