General Security Services Corporation v. County of Fresno, California

Filing 50

STIPULATION and ORDER TO MODIFY SCHEDULING ORDER. The Trial set for April 1, 2013 is CONTINUED to August 6, 2013 at 08:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. The Pretrial Conference is now set for June 28, 2013 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 2/20/2013. (Yu, L)

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1 2 3 4 5 6 7 KEVIN B. BRIGGS County Counsel MICHAEL R. LINDEN Deputy County Counsel – State Bar No. 192485 FRESNO COUNTY COUNSEL 2220 Tulare Street, 5th Floor Fresno, California 93721 Telephone: (559) 600-3479 Facsimile: (559) 600-3480 Attorneys for Defendant COUNTY OF FRESNO 8 UNITED STATES DISTRICT COURT 9 10 11 12 EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION GENERAL SECURITY SERVICES CORPORATION, Case No. 1:11-cv-00724 MJS STIPULATION TO MODIFY SCHEDULING ORDER; ORDER THEREON. Plaintiff, 13 14 v. 15 16 COUNTY OF FRESNO, Defendant. 17 18 19 20 21 Plaintiff GENERAL SECURITY SERVICES CORPORATION (hereinafter “Plaintiff”) and defendant COUNTY OF FRESNO (hereinafter “Defendant”) hereby present the following Stipulation to Modify the current Scheduling Order in the abovecaptioned action to continue the existing trial date. 22 RECITALS 23 24 25 26 27 28 WHEREAS, on September 29, 2011, the Court issued its initial Scheduling Order. In said order, the trial was set for January 29, 2013. WHEREAS, on October 14, 2011, the parties consented to have Magistrate Judge Michael J. Seng be the judge for all purposes in this case. WHEREAS, on June 14, 2012, the Court issued an order, pursuant to the parties’ stipulation, to continue the existing trial date to April 1, 2013. Stipulation to Modify Scheduling Order 1 Case No. 1:11-cv-00724 MJS 1 WHEREAS, on February 19, 2013, counsel for parties tentatively agreed on 2 behalf of their clients to engage in a settlement process. Under this process, the parties 3 will first meet and confer to determine the extent of the existing controversy. Once this 4 determination is made, it is the intention of the parties to engage in private mediation. 5 Due to the large number of pieces of electronic monitoring equipment subject to 6 Plaintiff’s overall claim, the factual inquiry needed for the settlement process will be 7 extensive. As such, the parties believe that the current trial date of April 1, 2013 leaves 8 insufficient time for this process. 9 WHEREAS, on February 19, 2013, counsel for the parties conferred regarding a 10 new trial date. Based on the time needed for the above-described settlement process, 11 and the existing schedules for counsel, it was agreed that a trial date in late-July or 12 early-August of 2013 would be proposed. 13 WHEREAS, on February 19, 2013, counsel for Defendant contacted Laurie Yu, 14 the Courtroom Deputy for Judge Seng, concerning the parties’ proposed stipulation and 15 order. Ms. Yu represented that the parties could propose August 6, 2013, as the new 16 trial date. STIPULATION 17 Now, therefore, IT IS HEREBY STIPULATED AND AGREED, by and between 18 19 the parties, through their respective attorneys of record that: 1. 20 The existing trial date of April 1, 2013 will be vacated, and the case will be 21 set for trial on August 6, 2013, at 8:30 a.m., in Courtroom 6 of the United States District 22 Court in Fresno, California. 2. 23 24 /// 25 The Court will set a pre-trial conference on a date in early-July of 2013. /// 26 /// 27 28 /// /// Stipulation to Modify Scheduling Order 2 Case No. 1:11-cv-00724 MJS 1 IT IS SO STIPULATED. 2 Dated: February 20, 2013 3 KEVIN B. BRIGGS County Counsel 4 5 By: 6 /s/ Michael Linden Michael R. Linden, Deputy Attorneys for Defendant 7 8 Dated: February 20, 2013 9 VAUGHN LEGAL GROUP 10 11 By: 12 /s/ Barak Vaughn Barak Vaughn Attorney for Plaintiff 13 14 ORDER 15 16 17 18 19 20 21 GOOD CAUSE APPEARING, the parties’ Stipulation is accepted and made the Order of the Court. Trial in this matter is continued from April 1, 2013, until August 6, 2013, at 8:30 a.m., in Courtroom 6 of the United States District Court in Fresno, California. A pre-trial conference will be held June 28, 2013, at 9:30 a.m. in said Courtroom 6. 22 23 IT IS SO ORDERED. 24 25 Dated: February 20, 2013 /s/ Michael J. Seng UNITED STATES MAGISTRATE JUDGE 26 DEAC_Signature-END: ci4d6 27 28 Stipulation to Modify Scheduling Order 3 Case No. 1:11-cv-00724 MJS

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