Valadez v. AT&T Mobility LLC et al
Filing
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STIPULATION and ORDER to Continue Mandatory Scheduling Conference signed by Magistrate Judge Gary S. Austin on 11/22/2011. Initial Scheduling Conference CONTINUED to 2/15/2012 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Bradley, A)
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Joel R. Bryant, Esq. (State Bar No. 149370)
jbryant@gbflawyers.com
GREEN BRYANT & FRENCH LLP
1230 Columbia Street, Suite 1120
San Diego, California 92101
Tel: (619) 239-7900
Fax: (619) 239-7800
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Attorneys for Plaintiff, Juanita Valadez
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JUANITA VALADEZ, an individual,
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PLAINTIFF,
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v.
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AT&T MOBILITY SERVICES LLC, a
Delaware Limited Liability Company; and
DOES 1-100, jointly and severally,
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DEFENDANTS.
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CASE NO: 1:11-cv-01465-LJO-GSA
STIPULATION AND ORDER TO
CONTINUE
MANDATORY
SCHEDULING CONFERENCE
Date: December 1, 2011
Time: 9:00 a.m.
Dept.: Courtroom 10
Judge: U.S. Magistrate Gary S. Austin
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Pursuant to the Court’s August 31, 2011 Order, a Status (Pre-Trial Scheduling) Conference
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in the above referenced matter was scheduled for December 1, 2011. The Order further required
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the parties to file a joint status report no later than seven (7) days prior to the scheduling conference.
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Pursuant to the Court’s Order, Plaintiff respectfully requests that the Court continue the Mandatory
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Scheduling Conference scheduled for December 1, 2011 to February 16, 2012, at 9:00 a.m.
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On October 6, 2011, counsel for AT&T Mobility Services LLC (“AT&T Mobility”) advised
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Plaintiff’s counsel that none of the four Defendants named in the Complaint were proper parties to
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this case, and further advised that, based on the allegations of the Complaint, the only entity which
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should have been named as a Defendant was his client, AT&T Mobility. In reliance on those
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representations, Plaintiff filed a First Amended Complaint on October 25, 2011, which removed
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all prior Defendants, and named the new, current, Defendant AT&T Mobility. Said Defendant was
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subsequently served on November 4, 2011 via Waiver of Service of Summons. On November 15,
-1Case No: CV11-01465-LJO-GSA
STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE
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2011 Plaintiff received the signed Waiver of Service from Defendant and filed the Proof of Service
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with the Court. Defendant’s answer to the complaint is due on January 3, 2012, and Plaintiff does
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not anticipate the Defendant will appear until that date.
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Given that the new Defendant has not yet appeared, is not obligated to appear, and will not
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appear, as of the date of the scheduled Mandatory Scheduling Conference, there can be no Joint
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Scheduling Report submitted to the Court at the conference or any time before then, and there will
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be no Pretrial Scheduling accomplished at the conference in the absence of the only Defendant’s
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counsel. Accordingly, Plaintiff believes that continuing the Mandatory Scheduling Conference until
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February 13, 2012, would provide both parties ample and reasonable time to Meet and Confer and
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prepare the Joint Scheduling Report.
NOW, THEREFORE, subject to the Court’s approval, Plaintiff, by and through her counsel
of record, respectfully asks the following:
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That the Mandatory Scheduling Conference be continued from December 1, 2011,
at 9:000 a.m., to February 15, 2012, at 9:30 a.m.; and
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That the corresponding deadline to file the Joint Scheduling Report, be continued
to February 8, 2012.
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GREEN BRYANT & FRENCH, LLP
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Dated: November 21, 2011
/s/ Joel R. Bryant
Joel R. Bryant, Esq.
Jbryant@gbflawyers.com
Attorney for Plaintiff
JUANITA VALADEZ
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-2Case No: CV11-01465-LJO-GSA
STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE
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ORDER
IT IS ORDERED THAT:
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1.
The Mandatory Scheduling Conference is continued from December 1, 2011, at
9:00 a.m., to February 15, 2012, at 9:30 a.m.;
2. The deadline to file the Joint Scheduling Report, be continued to February 8, 2012.
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IT IS SO ORDERED.
Dated:
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November 22, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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-3Case No: CV11-01465-LJO-GSA
STIPULATION AND ORDER TO CONTINUE MANDATORY SCHEDULING CONFERENCE
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