Sons v. McManis

Filing 31

Stipulation and ORDER Regarding Briefing Schedule and Limited Discovery signed by Magistrate Judge Gary S. Austin on 4/24/2009. Scheduling Conference set for 7/3/2009 at 09:30 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Esteves, C)

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BARRY L. GOLDNER, State Bar No. 107126 DUSTIN S. DODGIN, State Bar No. 245497 KLEIN, DENATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP 4550 California Avenue, Second Floor Bakersfield, California 93309 P.O. Box 11172 Bakersfield, California 93389-1172 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendant, JAMES McMANUS UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - FRESNO BRUCE SONS, an individual, Plaintiff, v. JIM MCMANIS, Defendants. ) ) ) ) ) ) ) ) ) ) Case No. 1:08-CV-00840-AWI-GSA [Complaint Filed: 6/13/08] Hon. Anthony W. Ishii, U.S. District Judge Hon. Gary S. Austin, U.S. Magistrate Judge STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE AND LIMITED DISCOVERY

1.

On March 4, 2009, the Court entered its Order regarding Briefing Schedule,

Limited Discovery, and Continued Scheduling Conference ("the Order"), a copy of which is attached hereto as Exhibit "A." 2. Under the Order, discovery was to be completed no later than April 29, 2009;

however, the plaintiff cannot be available for depositions until May 2009 due to his work schedule. 3. Accordingly, the parties are agreeable to moving back the remaining dates in the

Order approximately one month, as follows: a. Limited discovery as to the issues identified by the Court shall be

completed no later than May 27, 2009;

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b.

The parties are to brief the following four areas: (1) the amount in controversy as it relates to diversity jurisdiction (2) applicable statutes of limitation (3) the statute of frauds, and (4) res judicata

Briefs are to be filed no later than June 10, 2009; responding or opposition briefs shall be filed no later than June 19, 2009. A hearing on the aforementioned issues will be held on July 3, 2009, at 9:30 a.m. in Courtroom 10 of this Court. c. Additionally, the parties shall file a Joint Scheduling Report one week

prior to the hearing on July 3, 2009, for in the event the case is in a posture to proceed after the hearing, the Court will hold its Scheduling Conference and will assign all relevant discovery and motion deadlines, as well as calendar the matter for trial, et cetera.

IT IS SO STIPULATED. DATED: April 24, 2009 KLEIN, DeNATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP By: /s/ Dustin S. Dodgin DUSTIN S. DODGIN Attorneys for Defendant, JAMES McMANUS

DATED: April 24, 2009

LAW OFFICES OF RANDALL M. RUMPH By: /s/ Randall M. Rumph RANDALL M. RUMPH Attorneys for Plaintiff, BRUCE SONS

1 2 IT IS SO ORDERED. 3 Dated: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6i0kij

April 24, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE