Siemens Financial Servuces, Inc. v. Patel et al

Filing 50

STIPULATION and ORDER STAYING PROCEEDINGS PENDING MEDIATION signed by Magistrate Judge Jennifer L. Thurston on 10/15/2010. (Leon-Guerrero, A)

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1 CINDY S. STUYVESANT VEDDER PRICE P.C. 2 222 N. LaSalle Street Chicago, Illinois 60601 3 Telephone: (312) 609-7675 Facsimile: (312) 609-7587 4 STEVEN D. McGEE 71886 5 KIMBLE, MacMICHAEL & UPTON A Professional Corporation 6 5260 North Palm, Suite 221 Post Office Box 9489 7 Fresno, California 93792-9489 Telephone: (559) 435-5500 8 Facsimile: (559) 435-1500 9 Attorneys for Plaintiff and Counter-Defendant SIEMENS FINANCIAL SERVICES, INC. 10 11 12 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA *** Case No.: 1:10-CV-01417-LJO-JLT 14 SIEMENS FINANCIAL SERVICES, INC., ) ) Plaintiff, ) 15 ) vs. ) 16 ) ) 17 GIRISH PATEL d/b/a TRUXTUN MEDICAL EQUIPMENT LEASING CO., ) 18 and TRUXTUN RADIOLOGY MEDICAL ) GROUP, L.P., ) ) 19 Defendants. ) ) 20 ) ) 21 AND RELATED COUNTER CLAIMS. ) 22 23 STIPULATION AND PROPOSED ORDER STAYING PROCEEDINGS PENDING MEDIATION IT IS HEREBY STIPULATED by and between the parties hereto through their 24 respective counsel of record, as follows: 25 26 WHEREAS, A. The parties to the above-entitled action have recently filed their respective 27 pleadings in this matter; and LAW OFFICES 28 B. Defendants have filed a motion to join Siemens Medical Solutions USA, Inc. as a Kimble, MacMichael & Upton A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489 third party defendant in this action that is set for hearing on October 20, 2010; and 1 Stipulation and Proposed Order Staying Proceedings Pending Mediation 1 C. Plaintiff has filed a motion to strike Defendants' jury demand that is set for 2 hearing on November 8, 2010 and for briefing based upon that date; and 3 4 D. E. A scheduling conference has been set for November 24, 2010; and The parties agree that there are benefits to pursuing a negotiated resolution of 5 their disputes early in the litigation and to use their best efforts to schedule a mediation, to be 6 attended by client representatives with full settlement authority, with a neutral mediator in 7 Fresno or Bakersfield, California by December 17, 2010; and 8 9 10 F. The parties agree that good cause exists for this stipulation and proposed order. IT IS HEREBY AGREED that: 1. The above-captioned litigation, including all pending motions, shall be stayed for 11 no less than sixty (60) days from the date of entry of this proposed order; and 12 2. The hearing for the motion for joinder of counter-defendant, filed by Girish Patel 13 and Truxtun Radiology Medical Group, L.P., currently set for hearing on October 20, 2010 in 14 Bakersfield shall be continued until January 24, 2011; 15 3. The hearing for the motion to strike the Defendants' jury demand filed by 16 Siemens Financial Services, Inc., currently set for hearing on November 8, 2010, in Bakersfield, 17 shall be continued until January 24, 2011; and that the date for filing opposition and reply briefs 18 shall be based upon that new hearing date; and 19 4. The scheduling conference shall be continued from November 24, 2010 and set 20 for February 2, 2011; and the date for filing a joint scheduling report shall be based upon that 21 new scheduling conference date. 22 23 October 14, 2010. 24 25 26 27 LAW OFFICES KIMBLE, MacMICHAEL & UPTON A Professional Corporation By /s/ Steven D. McGee STEVEN D. McGEE Attorneys for Plaintiff and CounterDefendant SIEMENS FINANCIAL SERVICES, INC. 28 Kimble, MacMichael & Upton A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489 2 Stipulation and Proposed Order Staying Proceedings Pending Mediation 1 2 October 13, 2010. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 IT IS SO ORDERED. 25 26 DEAC_Sig nat ur e - END: KLEIN, DeNATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP By /s/ Barry L. Goldner BARRY L. GOLDNER Attorneys for Defendants and Counter-Claimants GIRISH PATEL d/b/a TRUXTUN MEDICAL EQUIPMENT LEASING CO., and TRUXTUN RADIOLOGY MEDICAL GROUP, L.P. ORDER GOOD CAUSE appearing, the Court ORDERS 1. The above-captioned litigation, including all pending motions, shall be stayed for 60 days from the date of this; 2. The hearing on the motion for joinder of counter-defendant, filed by Girish Patel and Truxtun Radiology Medical Group, L.P., currently set for hearing on October 20, 2010 in Bakersfield shall be continued until January 24, 2011 at 9:00 a.m.; 3. The hearing on the motion to strike the Defendants' jury demand filed by Siemens Financial Services, Inc., currently set for hearing on November 8, 2010, in Bakersfield, shall be continued until January 24, 2011 at 9:00 a.m. and that the date for filing opposition and reply briefs shall be based upon that new hearing date; and 4. The scheduling conference shall be continued from November 24, 2010 and set for February 2, 2011; and the date for filing a joint scheduling report shall be based upon that new scheduling conference date. Dated: October 15, 2010 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 27 9j7khijed LAW OFFICES 28 Kimble, MacMichael & Upton A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489 3 Stipulation and Proposed Order Staying Proceedings Pending Mediation

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