Godinez v. AT&T Mobility LLC., et. al.
Filing
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STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/22/2011 re 11 Stipulation and Proposed Order filed by Hubert Godinez ORDERING Status(Pretrial Scheduling) Conference RESET for 2/13/2012 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.; joint status report shall be filed 14 days prior to the hearing. (Waggoner, D)
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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, Hubert Godinez
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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HUBERT GODINEZ, 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: CV11-02458-GEB-CMK
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE STATUS (PRETRIAL SCHEDULING) CONFERENCE
Date: December 12, 2011
Time: 9:00 a.m.
Dept.: Courtroom 10
Judge: Honorable Garland E. Burrell
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Pursuant to the Court’s September 16, 2011 Order, a Status (Pretrial Scheduling)
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Conference in the above referenced matter was scheduled for December 12, 2011. The Order
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further required the parties to file a joint status report no later than fourteen (14) days prior to the
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scheduling conference. For the reasons set forth below, Plaintiff respectfully requests that the Court
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continue the Status Conference scheduled for December 12, 2011 to February 13, 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: CV11-02458-GEB-CMK
STIPULATION AND ORDER TO CONTINUE STATUS (PRE-TRIAL 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 Status (Pretrial Scheduling) Conference, there can be no Joint
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Status Report submitted to the Court at the conference or any time before then, and there will be
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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 Status (Pretrial Scheduling) Conference
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until February 13, 2012, would provide both parties ample and reasonable time to Meet and Confer
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and prepare the Joint Status 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 Status (Pre-Trial Scheduling)Conference be continued from December 12,
2011, at 9:000 a.m., to February 13, 2012, at 9:00 a.m.; and
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2.
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January 30, 2012.
That the corresponding deadline to file the Joint Status Report be continued to
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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
HUBERT GODINEZ
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-2Case No: CV11-02458-GEB-CMK
STIPULATION AND ORDER TO CONTINUE STATUS (PRE-TRIAL SCHEDULING)
CONFERENCE
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ORDER
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IT IS ORDERED THAT:
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1.
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The Status (Pre-Trial Scheduling) Conference is continued from December 12,
2011, at 9:00 a.m., to February 13, 2012.
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A joint status report shall be filed fourteen days prior to the hearing.
Dated: November 22, 2011
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GARLAND E. BURRELL, JR.
United States District Judge
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-3Case No: CV11-02458-GEB-CMK
STIPULATION AND ORDER TO CONTINUE STATUS (PRE-TRIAL SCHEDULING)
CONFERENCE
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