John Morales v. Cuca's Mexican Restaurants, LLC et al
Filing
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Joint STIPULATION and ORDER to Continue Mandatory Scheduling Conference and Filing of Joint Scheduling Report signed by Magistrate Judge Dennis L. Beck on 6/15/2011. ( Initial Scheduling Conference previously set for 6/21/2011 has been CONTINUED to 8/11/2011 at 09:30 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck) (Figueroa, O)
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TANYA E. MOORE, Bar No. 206683
Moore Law Firm, P.C.
E-mail: tanya@moorelawfirm.com
332 N. Second Street
San Jose, CA 95112
Telephone: 408-271-6600
Facsimile: 408-298-6046
Attorneys for Plaintiff
JOHN MORALES
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RYAN L. EDDINGS, Bar No. 256519
LITTLER MENDELSON
A Professional Corporation
5200 North Palm Avenue
Suite 302
Fresno, California 93704.2225
Telephone:
559.244.7500
Facsimile:
559.244.7525
Attorneys for Defendants
CUCA’S MEXICAN RESTAURANTS, LLC,
CHRISTOPHER JOHNSON, and ERICA
JOHNSON
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN MORALES,
Plaintiff,
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v.
CUCA’S MEXICAN
RESTAURANTS, LLC;
CHRISTOPHER JOHNSON; and
ERICA JOHNSON
Case No. 1:11-CV-00385-AWI-DLB
JOINT STIPULATION AND ORDER TO
CONTINUE MANDATORY SCHEDULING
CONFERENCE AND FILING OF JOINT
SCHEDULING REPORT
Magistrate Judge: Dennis L. Beck
Courtroom:
9
Complaint Filed: June 21, 2011
Defendants.
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STIPULATION
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WHEREAS, on March 3, 2011, Plaintiff JOHN MORALES (“Plaintiff”) filed a
Complaint against Defendants CUCA’S MEXICAN RESTAURANTS, LLC, CHRISTOPHER
JOHNSON, and ERICA JOHNSON (collectively referred to herein as “Defendants”).
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LITTLE R MEND ELSO N
A PROF E S SION AL C ORP OR A TION
5200 N orth Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500
(NO. 1:11-CV-00385-AWI-DLB)
JOINT STIPULATION AND [PROPOSED] ORDER TO
CONTINUE MANDATORY SCHEDULING CONFERENCE
AND FILING OF JOINT SCHEDULING REPORT
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WHEREAS, on March 4, 2011, the Court issued an Order Setting the Mandatory
Scheduling Conference.
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WHEREAS, no trial date has yet been assigned;
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WHEREAS, the Court’s Order Setting Scheduling Conference provided as follows:
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1.
The Scheduling Conference is set for June 21, 2011;
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The Parties shall meet and confer to develop a Joint Scheduling Report,
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discovery plan and to discuss possible settlement at least twenty (20) days
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before the Scheduling Conference;
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3.
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prior to the Mandatory Scheduling Conference;
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WHEREAS, on June 9, 2011, Counsel for Defendant learned for the first time that
Defendants CHRISTOPHER JOHNSON and ERICA JOHNSON, who are also husband and wife,
have recently separated and initiated divorce proceedings;
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WHEREAS, the Counsel for Defendant and Defendants CHRISTOPHER
JOHNSON and ERICA JOHNSON need additional time to determine whether joint-representation
can continue or whether each will need new counsel;
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WHEREAS, Counsel for Plaintiff is unavailable to attend a continued mandatory
scheduling conference until on or after August 8, 2011;
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WHEREAS, the Parties have made substantial progress toward settling this matter
and anticipate a final resolution of the dispute within the next eight weeks;
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WHEREAS, the Parties jointly request that the above-stated dates be continued so
that Defendants can obtain separate counsel if necessary and to permit the Parties to focus their
efforts and resources on settlement of the instant dispute.
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The Parties shall file a Joint Scheduling Report not later than seven (7) days
THEREFORE, subject to the approval of this Court, it is hereby stipulated and
agreed, by and between the Parties hereto, through their respective counsel, that:
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(NO. 1:11-CV-00385-AWI-DLB)
2.
JOINT STIPULATION AND ORDER TO CONTINUE
MANDATORY SCHEDULING CONFERENCE AND FILING
OF JOINT SCHEDULING REPORT
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1.
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Court on or after August 8, 2011;
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2.
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The Parties shall meet and confer and develop a Joint Scheduling Report,
discovery plan and to discuss possible settlement at least twenty (20) days
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before the Scheduling Conference; and
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3.
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The Scheduling Conference shall be continued to a date convenient for this
The Parties shall file a Joint Scheduling Report not later than seven (7) days
before the rescheduled Scheduling Conference.
IT IS SO STIPULATED
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Dated: June 13, 2010
/s/ Tanya E. Moore
TANYA E. MOORE,
Moore Law Firm, P.C.
Attorneys for Plaintiff
JOHN MORALES
Dated: June 13, 2010
/s/ Ryan L. Eddings
RYAN L. EDDINGS
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendants
CUCA’S MEXICAN RESTAURANTS, LLC,
CHRISTOPHER JOHNSON, and ERICA
JOHNSON
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PURSUANT TO STIPULATION, AND GOOD CAUSE HAVING BEEN SHOWN:
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1.
Court’s June 21, 2011 Order Setting Mandatory Scheduling Conference, are vacated.
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2.
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The Scheduling Conference shall be continued to August 11, 2011 in this
Department at 9:30 a.m.
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The Mandatory Scheduling Conference and associated dates, as set in the
3.
The Parties shall meet and confer and develop a Joint Scheduling Report,
discovery plan and to discuss possible settlement at least twenty (20) days before the Scheduling
Conference.
4.
The Parties shall file a Joint Scheduling Report not later than seven (7) days
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(NO. 1:11-CV-00385-AWI-DLB)
3.
JOINT STIPULATION AND ORDER TO CONTINUE
MANDATORY SCHEDULING CONFERENCE AND FILING
OF JOINT SCHEDULING REPORT
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before the rescheduled Scheduling Conference.
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IT IS SO ORDERED.
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Dated:
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/s/ Dennis
June 15, 2011
L. Beck
UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:
3b142a
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(NO. 1:11-CV-00385-AWI-DLB)
4.
JOINT STIPULATION AND ORDER TO CONTINUE
MANDATORY SCHEDULING CONFERENCE AND FILING
OF JOINT SCHEDULING REPORT
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