Owens v. Chasko
Filing
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STIPULATION to CONTINUE Mandatory Scheduling Conference and ORDER Thereon signed by Magistrate Judge Gary S. Austin on 4/19/2011. Initial Scheduling Conference CONTINUED to 6/27/2011 at 10:00 AM in Courtroom 10 (GSA) before Magistrate Judge Gary S. Austin. (Bradley, A)
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James D. Burnside III
#75977
Jared C. Marshall
#272065
DOWLING, AARON & KEELER, INC.
8080 North Palm Avenue, Third Floor
P.O. Box 28902
Fresno, California 93729-8902
Tel: (559) 432-4500
Fax: (559) 432-4590
E-mail: jburnside@daklaw.com
jmarshall@daklaw.com
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Attorneys for Defendant STEPHEN B. CHASKO
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL OWENS,
Case No. 1:11-CV-00335-AWI-GSA
Plaintiff,
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STIPULATION TO CONTINUE
MANDATORY SCHEDULING
CONFERENCE AND ORDER THEREON
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v.
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STEPHEN B. CHASKO, an individual,
and DOES 1 through 10, inclusive,
Trial Date: None
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Defendants.
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STIPULATION
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The parties request the Mandatory Scheduling Conference be postponed from
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April 28, 2011 to June 27, 2011 at 10:00 a.m. for the following reasons.
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This action was originally filed on January 12, 2011 in the Tulare County
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Superior Court. Plaintiff, a California resident, sued Defendant, a Pennsylvania resident, for
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abuse of process and intentional infliction of emotional distress. Defendant removed the case
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to this Court on February 28, 2011 based on diversity of citizenship jurisdiction.
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On March 4, 2011 Defendant filed a Motion to Dismiss under FRCP 12(b)(2) on
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the ground the Court lacks personal jurisdiction over the Defendant. On March 22, 2011,
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Plaintiff filed his First Amended Complaint setting forth new allegations on the jurisdictional
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issue.
STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE
AND ORDER THEREON
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On April 8, 2011 Defendant filed a FRCP 12(b)(6) motion asserting each count
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of the First Amended Complaint fails to state a claim for relief. The hearing on the motion was
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set for May 23, 2011 (a Stipulation and Order to continue said hearing to Tuesday, May 31,
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2011 is being submitted concurrently herewith).
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The Mandatory Scheduling Conference on calendar for April 28, 2011 was set
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by Order filed on February 28, 2011 and is the initial setting for said conference. Participation
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in a Mandatory Scheduling Conference on April 28, 2011 would be premature because until
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such time as the Court rules on the 12(b)(6) motion directed at the First Amended Complaint,
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the parties will lack the information and thus the ability to comply with the order of the Court
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in a number of respects as to the contents of the Joint Scheduling Report, such as the factual
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and legal contentions set forth in the pleadings, any proposed amendment to the pleadings with
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corresponding deadline, a detailed summary of the uncontested and contested facts, a summary
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of both the disputed and undisputed legal issues, and a complete and detailed discovery plan.
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The parties request the Mandatory Scheduling Conference be continued to June 27, 2011 at
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10:00 a.m. again in Courtroom 10 before the U.S. Magistrate Judge Gary S. Austin.
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Dated:
April 15, 2011
DOWLING, AARON & KEELER, INC.
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By:
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/s/ James D. Burnside III
James D. Burnside III
Jared C. Marshall
Attorneys for Defendant
STEPHEN B. CHASKO
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Dated:
April 19, 2011
WILLIAMS, JORDAN, BRODERSEN &
PRITCHETT, LLP
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By:
/s/ Nick Pritchett
Nick Pritchett
Attorneys for Plaintiff MICHAEL OWENS
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STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE
AND ORDER THEREON
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ORDER
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Upon reviewing the Stipulation of counsel for the parties and sufficient cause
having been demonstrated,
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IT IS ORDERED the Mandatory Scheduling Conference is continued to
June 27, 2011 at 10:00 a.m. in Courtroom 10 before U.S. Magistrate Judge Gary S. Austin.
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IT IS SO ORDERED.
Dated:
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April 19, 2011
/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE
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DEAC_Signature-END:
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STIPULATION TO CONTINUE MANDATORY SCHEDULING CONFERENCE
AND ORDER THEREON
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