Opinion
Case No.:CV 11-1940 MEJ
05-10-2013
DON LAU, Plaintiff, v. MERCEDES-BENZ USA, LLC, and DOE 1 through 10, inclusive, Defendants.
THE BICKEL LAW FIRM, INC. LARRY W. CHAE, ESQ. Attorneys for Plaintiff DON LAU UNIVERSAL, SHANNON, & WHEELER LLP JON D. UNIVERSAL, ESQ Attorneys for Defendant MERCEDES-BENZ USA, LLC
JON D. UNIVERSAL, SBN 141255
JOSEPH R. WHEELER, SBN 216721
UNIVERSAL, SHANNON & WHEELER LLP
2240 Douglas Boulevard, Suite 290
Roseville, California 95661
Telephone: (916) 780-4050
Facsimile: (916) 780-9070
Attorneys for Defendant MERCEDES-BENZ USA, LLC
STIPULATION OF THE PARTIES
SEEKING A CONTINUANCE OF TRIAL
Action Filed: April 21, 2011
Trial Date: July 22, 2013
TO THE HONORABLE COURT:
IT IS HEREBY STIPULATED between Plaintiff DON LAU ("Plaintiff") through his respective counsel of record, Larry W. Chae of the Bickel Law Firm, Inc. and by Defendant MERCEDES-BENZ USA, LLC ("Defendant") by its respective counsel of record Jon D. Universal of Universal, Shannon & Wheeler, LLP as follows:
1. This is a "Lemon Law" case brought pursuant to the Song-Beverly Consumer Warranty Act, with a five-day trial estimate.
2. Trial is currently set for July 22, 2013.
3. The final Pre-Trial Conference in this matter is currently set for July 18, 2013.
4. The July 22, 2013 trial date was unilaterally set by the court on May 2, 2013.
5. Unfortunately, July 22, 2013 is not a good date for counsel for Plaintiff and counsel for Defendant.
6. Counsel for Plaintiff already has another trial scheduled for July 22, 2013.
7. Defendant's counsel will be unavailable on July 22, 2013 due to personal reasons, including a pre-planned/scheduled vacation out of the country.
8. In an effort to resolve these matters and meaningfully participate in the final Pre-Trial Conference and prepare the matter for trial, the parties have met and conferred and therefore request a continuance of the trial date and the final Pre-Trial Conference date as follows:
A. Counsels' availability for trial is November 4, 2013;
B. Pre-Trial Conference date approximately two weeks prior to the date set for trial, based on the Court's available calendar.
9. Both parties are mindful of the Court's limited resources and busy calendar. However, both parties urge that a continuance is necessary given the relatively short notice of this trial date setting as both counsel will simply not be available.
THE BICKEL LAW FIRM, INC.
By ____________________
LARRY W. CHAE, ESQ.
Attorneys for Plaintiff DON LAU
UNIVERSAL, SHANNON, & WHEELER LLP
By ____________________
JON D. UNIVERSAL, ESQ
Attorneys for Defendant MERCEDES-BENZ
USA, LLC
Trial shall be the week of November 4, 2013
Pretrial Conference October 24, 2013 at
10:00 a.m., Courtroom B, 15th Floor.
______________________________
Judge Maria-Elena James