Simmons v. Rite of Passage Athletic Training Centers and Schools et al

Filing 29

Stipulated Agreement to Amend Scheduling Order and ORDER signed by Magistrate Judge Gary S. Austin on 12/15/2011. The stipulation filed December 13, 2011 (Doc. 28 -1) is hereby ADOPTED IN PART and MODIFIED IN PART. Discovery due by 2/9/2012; No n-Dispositive Motions filed by 3/1/2012 and heard by 4/5/2012; Dispositive Motions filed by 3/8/2012 and heard by 4/12/2012; Settlement Conference set for 3/5/2012 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin; Pretrial Conference set for 5/22/2012 at 08:15 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill; Jury Trial set for 7/31/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Bradley, A)

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Marc Hartley, Bar No. 232379
LAW OFFICE OF MARC HARTLEY
343 E. Main Street, Suite 708
Stockton, California 95202
Tel: [phone]
Attorney for Plaintiff

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Michael J. Baytosh,
PROUT-LEVANGIE, LLP
2021 N Street
Sacramento, California 95811
Tel: [phone]

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FRESNO DIVISION

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KEVIN SIMMONS,

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Plaintiff,
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v.
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RITE OF PASSAGE ATHLETIC TRAINING )
CENTERS AND SCHOOLS, a Nevada
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Corporation; DAVID HARPER, an Individual; )
STEVEN ISBELL, an Individual; ANGELA
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ECKHARDT, an individual; and DOES 1
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through 99, Inclusive,
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Defendants.
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1:10-CV-01331-LJO-GSA
STIPULATED AGREEMENT TO
AMEND SCHEDULING ORDER

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Subject to the approval of this Court, the parties hereby stipulate to the following
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amendment to the Scheduling Order entered on January 11, 2011:
1.

The intent of the parties, being Plaintiff Kevin Simmons and Defendants

Rite of Passage A.T.C.S., Inc., David Harper, Steven Isbell, and Angela Eckhardt, in
this action is to enlarge the time for completing certain necessary tasks in the course of
the litigation. Therefore, the parties agree to amend the scheduling order entered
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STIPULATION AMENDING SCHEDULING ORDER - 1

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January 11, 2011. The following dates for completing disclosures, completing discovery,
and filing dispositive and non-dispositive motions in the case are proposed:
a.

The parties shall submit disclosures of expert witness information, to

include reports as required pursuant to Federal Rules of Civil Procedure rule
26(a)(2)(B) no later than Thursday, November 17, 2011.

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b.

The parties shall complete discovery no later than February 9, 2012.

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c.

All non-dispositive motions shall be filed by March 1, 2012, and be heard

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by April 5, 2012.

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d.

All dispositive motions shall be filed by March 8, 2012, and be heard by

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April 12, 2012.

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e.

Settlement Conference shall be held on April 26, 2012.

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f.

The Pre-trial Conference is set for May 21, 2012.

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2.

All other scheduled dates set pursuant to the Court’s scheduling order

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shall remain unchanged.

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SO STIPULATED:

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DATED: 11/2/11
___/s/ Marc Hartley __________
Marc Hartley, Attorney for Plaintiff

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DATED: 11/3/11

__/s/ Michael J. Baytosh______
Michael J. Baytosh, Attorney for
Defendants

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ORDER
The stipulation filed December 13, 2011 (Doc.28-1) is hereby ADOPTED IN
PART and MODIFIED IN PART, as follows:

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a.

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2011, is ADOPTED nunc pro tunc.

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The disclosures of expert witness information deadline of November 17,

b.

The parties shall complete discovery no later than February 9, 2012.

c.

All non-dispositive motions shall be filed by March 1, 2012, and be heard

by April 5, 2012.
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STIPULATION AMENDING SCHEDULING ORDER - 2

d.

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All dispositive motions shall be filed by March 8, 2012, and be heard by

April 12, 2012.

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e.

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The Settlement Conference shall be held on March 5, 2012, at 10:00 a.m.

before Magistrate Judge Gary S. Austin in Courtroom 10.

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f.

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The Pre-trial Conference is set for Tuesday, May 22, 2012, at 8:15 a.m.

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before the Honorable Lawrence J. O’Neill in Courtroom 4.

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The jury trial shall commence on Tuesday, July 31, 2012, at 8:30 a.m. before

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the Honorable Lawrence J. O’Neill in Courtroom 4.

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2.

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All other scheduled dates set pursuant to the Court’s scheduling order

shall remain unchanged.

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IT IS SO ORDERED.

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Dated:

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December 15, 2011

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC _Signature- END:

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6i0kij8d

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STIPULATION AMENDING SCHEDULING ORDER - 3