Michelle Carpenter v. Forest Meadows Owners Association

Filing 37

STIPULATION and ORDER to continue the following dates - Pretrial Conference RESET for 6/17/2011 at 01:30 PM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Jury Trial RESET for 8/2/2011 at 09:00 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. Order signed by Magistrate Judge Dennis L. Beck on 3/14/2011. (Hernandez, M)

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Lawrance A. Bohm (SBN: 208716) BOHM LAW GROUP 4600 Northgate, Suite 210 Sacramento, CA 95834 Telephone: [phone] Facsimile: [phone] Gregory R. Davenport (SBN 154403) THE LAW OFFICES OF GREGORY R. DAVENPORT 3031 West March Lane, Suite 334 East Stockton, California 95219 Telephone: [phone] Facsimile: [phone] Erika M. Gaspar (SBN: 238117) LAW OFFICE OF ERIKA M. GASPAR 2121 Natomas Crossing Drive, Suite 200-399 Sacramento, CA 95834 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff MICHELLE CARPENTER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHELLE CARPENTER, Plaintiff, v. FOREST MEADOWS OWNERS ASSOCIATION; and DOES 1-100, inclusive, Defendant. Case No. 1:09-CV-01918-DLB JOINT STIPULATION TO CONTINUE DATE OF TRIAL AND MODIFY THE STATUS (PRETRIAL SCHEDULING) ORDER; PROPOSED ORDER

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CARPENTER v. FOREST MEADOWS OWNERS ASSOCIATION Case No. 1:09-CV-01918-LJO-DLB Joint Stipulation to Continue Date of Trial and Modify the Status (Pretrial Scheduling) Order; Proposed Order

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Plaintiff Michelle Carpenter, ("Plaintiff"), by and through her attorneys of record Lawrance Bohm, Esq., Erika Gaspar, Esq. and Gregory Davenport, Esq., and Defendant Forest Meadows Owners Association by and through their attorneys of record David L. Perrault, Esq. and Jennifer McGeorge, Esq., stipulate to continue date of trial currently set for May 10, 2011 to August 2, 2011. Defendant's stipulation to this new trial date is conditioned on the new trial date being "firm." Plaintiff does not object to this condition barring complications with Ms. Carpenter's pregnancy. I. EXISTENCE OF GOOD CAUSE

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CARPENTER v. FOREST MEADOWS OWNERS ASSOCIATION Case No. 1:09-CV-01918-LJO-DLB Joint Stipulation to Continue Date of Trial and Modify the Status (Pretrial Scheduling) Order; Proposed Order

1.

Good cause exists for the requested continuance in view of the fact that Plaintiff

who is pregnant with twins has recently been informed that her due date for delivery falls within the time trial in her matter is scheduled to proceed. Specifically, Plaintiff's window of expected delivery is from April 16, 2011 - July 11, 2011; she is cleared to attend trial eight weeks after delivery of the twins. She was recently informed by her doctor that barring any complications she would be able to attend trial by August 2, 2011. (A true and correct copy of the Declaration of Michelle Carpenter is attached hereto as Exhibit A.) 2. Further, neither party would be prejudiced by modifications to the Status

Scheduling Order. II. STIPULATION

For the foregoing reasons, the parties to this action HEREBY STIPULATE AS FOLLOWS: -2­

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1.

That the trial should be continued from May 10, 2011 to August, 2011 and

be set for a minimum of 10-12 days. 2. That the following modifications be made to the Status Order: New Date June 10, 2011 June 17, 2011 August 2, 2011

Previous Date: April 13, 2011 ­ Deadline for filing Joint Pretrial Statement April 1, 2011 - Final Pretrial Conference May 10, 2011 - Trial IT IS SO STIPULATED.

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CARPENTER v. FOREST MEADOWS OWNERS ASSOCIATION Case No. 1:09-CV-01918-LJO-DLB Joint Stipulation to Continue Date of Trial and Modify the Status (Pretrial Scheduling) Order; Proposed Order

BOHM LAW GROUP

Dated: March 14, 2011

By:

/s/ Lawrance A. Bohm LAWRANCE A. BOHM Attorney for Plaintiff MICHELLE CARPENTER

Dated: March 14, 2011

By:

/s/ Erika M. Gaspar_______________ ERIKA M. GASPAR Attorney for Plaintiff MICHELLE CARPENTER

Dated: March 14, 2011

By:

/s/ Gregory R. Davenport__________ GREGORY R. DAVENPORT Attorney for Plaintiff MICHELLE CARPENTER

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Dated: March 14, 2011

By: __/s/ Jennifer McGeorge (authorized 03/10/11)__ JENNIFER S. MCGEORGE, ESQ. (SBN: 221679) Attorney for Defendant FOREST MEADOWS OWNERS ASSOCIATION

ORDER Based upon the stipulation of the parties and good cause appearing, the Court orders the following: 1. The Trial in this matter currently set for May 10, 2011 shall be continued to

August 2, 2011. 10 11 12 13 14 15
DEAC_Signature-END:

2.

All other dates set herein shall become effective.

IT IS SO ORDERED. Dated:

March 14, 2011

/s/ Dennis

L. Beck

UNITED STATES MAGISTRATE JUDGE 3b142a

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CARPENTER v. FOREST MEADOWS OWNERS ASSOCIATION Case No. 1:09-CV-01918-LJO-DLB Joint Stipulation to Continue Date of Trial and Modify the Status (Pretrial Scheduling) Order; Proposed Order

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