General Security Services Corporation v. County of Fresno, California

Filing 55

Stipulation to Modify Scheduling Order. The Pretrial Conference is now set for October 18, 2013 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng. The Jury Trial is now set for November 19, 2013 at 09:30 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng, signed by Magistrate Judge Michael J. Seng on 05/09/2013. (Yu, L)

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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: [phone]
Facsimile: [phone]
Attorneys for Defendant
COUNTY OF FRESNO

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UNITED STATES DISTRICT COURT

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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,

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v.

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COUNTY OF FRESNO,
Defendant.

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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.

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RECITALS
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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

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Case No. 1:11-cv-00724 MJS

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WHEREAS, on February 19, 2013, counsel for parties tentatively agreed on

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behalf of their clients to engage in a settlement process. Under this process, the parties

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will first meet and confer to determine the extent of the existing controversy. Once this

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determination is made, it is the intention of the parties to engage in private mediation.

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Due to the large number of pieces of electronic monitoring equipment subject to

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Plaintiff’s overall claim, the factual inquiry needed for the settlement process will be

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extensive.

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insufficient time for this process.
WHEREAS, on February 20, 2013, the Court issued an order, pursuant to the

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As such, the parties concluded that the trial date of April 1, 2013 left

parties’ stipulation, continuing the trial date to August 6, 2013.

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WHEREAS, on May 7, 2013, counsel for the parties agreed that due to the large

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number of pieces of electronic monitoring equipment subject to Plaintiff’s overall claim,

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the factual inquiry between the parties has taken longer than anticipated. As such, the

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parties still desiring to conduct a meaningful settlement process and mediation believe

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that the current trial date of August 6, 2013 will leave insufficient time for the settlement

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process.

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WHEREAS, on May 7, 2013, counsel for the parties conferred regarding a new

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trial date. Based on the time needed for the above-described settlement process to

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continue, and the existing schedules for counsel, it was agreed that a trial date in

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October or November 2013 would be proposed.

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WHEREAS, on May 7, 2013, counsel for Plaintiff contacted Laurie Yu, the

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Courtroom Deputy for Judge Seng, concerning the parties’ proposed stipulation and

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order. Ms. Yu represented that the parties could propose November 19, 2013, as the

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new trial date.

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Stipulation to Modify Scheduling Order

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Case No. 1:11-cv-00724 MJS

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STIPULATION
Now, therefore, IT IS HEREBY STIPULATED AND AGREED, by and between
the parties, through their respective attorneys of record that:
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The existing trial date of August 6, 2013 will be vacated, and the case will

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be set for trial on on October 18, 2013 at 9:30 a.m., in Courtroom 6 of the United States

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District Court in Fresno, California.

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2.

The Court will set a pre-trial conference on October 18, 2013 at 9:30 a.m.,

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in Courtroom 6 of the United States District Court in Fresno, California.

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IT IS SO STIPULATED.

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Dated: May 8, 2013

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KEVIN B. BRIGGS
County Counsel

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By:

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/s/ Michael Linden
Michael R. Linden, Deputy
Attorneys for Defendant

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Dated: May 8, 2013

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VAUGHN LEGAL GROUP

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By:

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/s/ Barak Vaughn
Barak Vaughn
Attorney for Plaintiff

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ORDER
Good cause appearing, the Stipulation of the parties is approved. The pre-trial

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conference in this case shall convene October 18, 2013 at 9:30 a.m., in Courtroom 6 of
the United States District Court in Fresno, California. Trial shall commence on

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Stipulation to Modify Scheduling Order

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Case No. 1:11-cv-00724 MJS

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November 19, 2013 at 9:30 a.m., in Courtroom 6 of the United States District Court in

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Fresno, California.

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IT IS SO ORDERED.

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Dated:

May 9, 2013

/s/

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Michael J. Seng

UNITED STATES MAGISTRATE JUDGE
DEAC _Signature- END:

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ci4d6

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Stipulation to Modify Scheduling Order

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Case No. 1:11-cv-00724 MJS