Owens v. Chasko

Filing 19

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: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]

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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