Siemens Financial Servuces, Inc. v. Patel et al

Filing 52

STIPULATION and ORDER signed by Magistrate Judge Jennifer L. Thurston on 11/30/2010. CASE STAYED UNTIL 2/14/2011. MOTIONS 38 and 46 are RESET for 3/8/2011 at 09:00 AM in Bakersfield at 18th Street (JLT) before Magistrate Judge Jennifer L. Thurston. SCHEDULING CONFERENCE RESET for 3/15/2011 at 09:00 AM in Bakersfield at Truxtun (JLT) before Magistrate Judge Jennifer L. Thurston. (Leon-Guerrero, A)

1 CINDY S. STUYVESANT VEDDER PRICE P.C. 2 222 N. LaSalle Street Chicago, Illinois 60601 3 Telephone: [phone] Facsimile: [phone] 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: [phone] Facsimile: [phone] 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 EXTENDING STAY OF 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 agree that there are benefits to pursuing a negotiated resolution of

27 their disputes early in the litigation and have used their best efforts to schedule a mediation, to be
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28 attended by client representatives with full settlement authority, with a neutral mediator in Fresno or Bakersfield, California by December 17, 2010; and
1 Stipulation And Proposed Order Extending Stay Of Proceedings Pending Mediation

Kimble, MacMichael & Upton
A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489

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B.

Despite these best efforts, a mediator that was mutually agreeable to the parties

2 was not available before February 2011; and 3 C. The parties have agreed to participate in a mediation to be held in Fresno,

4 California on February 10, 2011; and 5 D. The parties agree that good cause exists for this stipulation and proposed order. IT

6 IS HEREBY AGREED that: 7 1. The above-captioned litigation, including all pending motions, shall be stayed

8 until February 14, 2011; and 9 2. The hearing for the motion for joinder of counter-defendant, filed by Girish Patel

10 and Truxtun Radiology Medical Group, L.P., currently set for hearing on January 24, 2011 in 11 Bakersfield shall be continued until March 7, 2011; 12 The hearing for the motion to strike the Defendants' jury demand filed by Siemens

13 Financial Services, Inc., currently set for hearing on January 24, 2011, in Bakersfield, shall be 14 continued until March 7, 2011; and that the date for filing opposition and reply briefs shall be 15 based upon that new hearing date; and 16 4. The scheduling conference shall be continued from February 2, 2011 and set for

17 March 15, 2011; and the date for filing a joint scheduling report shall be based upon that new 18 scheduling conference date. 19 November 24, 2010. 20 21 22 23 24 25 26 27
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KIMBLE, MacMICHAEL & UPTON A Professional Corporation By /s/ Steven D. McGee STEVEN D. McGEE Attorneys for Plaintiff and CounterDefendant SIEMENS FINANCIAL SERVICES, INC.

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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 Extending Stay Of Proceedings Pending Mediation

1 November 24, 2010. 2 3 4 5 6 7 8 9

KLEIN, DeNATALE, GOLDNER, COOPER, ROSENLIEB & KIMBALL, LLP By /s/ Kurt Van Sciver KURT VAN SCIVER Attorneys for Defendants and Counter-Claimants GIRISH PATEL d/b/a TRUXTUN MEDICAL EQUIPMENT LEASING CO., and TRUXTUN RADIOLOGY MEDICAL GROUP, L.P.

ORDER

Based upon the stipulation of the parties, the Court ORDERS: 1. The above-captioned litigation, including all pending motions, shall be stayed

10 until February 14, 2011; 11 2. The hearing on the motion for joinder of counter-defendant, filed by Girish Patel

12 and Truxtun Radiology Medical Group, L.P., currently set for hearing on January 24, 2011 shall 13 be continued to March 8, 2011; 14 3. The hearing on the motion to strike Defendants' jury demand filed by Siemens

15 Financial Services, Inc., currently set for hearing on January 24, 2011, shall be continued until 16 March 8, 2011; and that the date for filing opposition and reply briefs shall be based upon that 17 new hearing date; and 18 4. The scheduling conference shall be continued from February 2, 2011 and set for

19 March 15, 2011 at 9:00 a.m.; and the date for filing a joint scheduling report shall be based upon 20 that new scheduling conference date. 21 5. The parties are advised that no further extensions or stays of the action will

22 be granted if based merely upon continued settlement efforts. 23 24 25 IT IS SO ORDERED. 26 27
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DEAC_Sig nat ur e - END:

Dated:

November 30, 2010

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

Kimble, MacMichael & Upton
A PROFESSIONAL CORPORATION 5260 NORTH PALM AVENUE SUITE 221 P. O. Box 9489 FRESNO, CA 93792-9489

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3 Stipulation And Proposed Order Extending Stay Of Proceedings Pending Mediation