Lacy v. Thompson & Harvey Transporation, Inc. et al

Filing 22

STIPULATION to Amend Preliminary Scheduling Order; ORDER - (1) hearing on Plaintiff's class certification motion scheduled for 3/9/2009 at 8:15am before Judge O'Neill is VACATED. (2) Scheduling Conference is set for 3/23/2009 at 10:00 AM in Courtroom 7 (SMS) before Judge Sandra M. Snyder. signed by Judge Sandra M. Snyder on 2/3/2009. (Herman, H)

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Jerry N. Budin State Bar #88539 Law Office of Jerry Budin 2401 E. Orangeburg Ave., Ste. 675-309 Modesto, California 95355 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiff, ERIC LACY, et al. Tracie L. Goodwin Michael S. Helsley Sagaser, Jones & Helsley 2445 Capitol Street, 2nd Floor P.O. Box 1632 Fresno, California 93717-1632 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants, THOMPSON & HARVEY TRANSPORTATION, INC., TOMMY THOMPSON AND FRANK HARVEY

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA (Fresno Division)

ERIC LACY, et al.,

) ) Plaintiffs, ) ) vs. ) ) THOMPSON & HARVEY TRANSPORTATION,) INC. et al., ) ) Defendants. ) )

CASE NO. 1:08-CV-F-0686-LJO-SMS STIPULATION TO AMEND PRELIMINARY SCHEDULING ORDER; ORDER

It is hereby stipulated by and between the parties, through their respective attorneys, as follows: 1. On August 21, 2008, this Court issued its Preliminary

Scheduling Order (Doc. 14). 2. On December 8, 2008, this Court amended the Scheduling
CASE NO. 1:08-CV-0686-LJO-SMS

STIPULATION TO AMEND PRELIMINARY SCHEDULING ORDER; [PROPOSED] ORDER

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Order to extend the deadlines pertaining to plaintiff's pending class certification motion (Doc. 20). 3. Plaintiff has now completed his discovery regarding the

class certification issues and has determined that this matter is not suitable for class or collective treatment. Plaintiff and

defendants will be joining in a stipulation to dismiss the class and collective action allegations from the complaint herein. 4. The parties are currently in settlement discussions

regarding plaintiff's individual claims contained in the complaint. 5. Accordingly, the parties request that the Court vacate

the pending date for the class certification motion and set a Scheduling Conference in this matter for a date convenient with the Court in approximately thirty (30) days. 6. In the meantime, the parties will continue their good

faith settlement discussions and, if a settlement is reached, will promptly notify the Court. Dated: January 30, 2009 LAW OFFICE OF JERRY BUDIN /s/ Jerry Budin ______________________________ JERRY BUDIN Attorney for Plaintiff, ERIC LACY, et al. Dated: January 30, 2009 SAGASER, JONES & HELSLEY /s/ Tracie L. Goodwin _____________________________ TRACIE L. GOODWIN Attorney for Defendants, THOMPSON & HARVEY TRANSPORTATION, et al.

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STIPULATION TO AMEND PRELIMINARY SCHEDULING ORDER; [PROPOSED] ORDER CASE NO. 1:08-CV-0686-LJO-SMS

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STIPULATION TO AMEND PRELIMINARY SCHEDULING ORDER; [PROPOSED] ORDER

ORDER GOOD CAUSE APPEARING from the above stipulation, IT IS HEREBY ORDERED as follows: 1. The hearing on plaintiff's class certification motion

scheduled for March 9, 2009 at 8:15 a.m. is hereby vacated. 2. A Scheduling Conference is set in this matter for March

23, 2009 at 10:00 a.m. in Courtroom #7 before Judge Snyder. NOTE: A JOINT Scheduling Conference Report carefully prepared and executed by all counsel, shall be electronically filed in CM/ECF, in full compliance with the requirements set forth in, ORDER SETTING MANDATORY SCHEDULING CONFERENCE Exhibit "A", one (1) full week prior to the Scheduling Conference, and shall be e-mailed, in WordPerfect or Word format, to [e-mail].

IT IS SO ORDERED. February 3, 2009 /s/ Sandra M. Snyder SANDRA M. SNYDER U.S. MAGISTRATE JUDGE

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CASE NO. 1:08-CV-0686-LJO-SMS