Toth v. Guardian Industries Corp. et al

Filing 25

STIPULATION of all Parties to Continue Scheduling Conference and to Continue all Dates Associated with the Scheduling Conference and and ORDER of the Court, signed by Magistrate Judge Dennis L. Beck on 1/30/2012. ( Initial Scheduling Conference previoulsy set for 3/6/2012 has been CONTINUED to 5/16/2012 at 09:15 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck) (Figueroa, O)

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GREGORY J. SMITH (124127)
THE LAW OFFICE OF GREGORY J. SMITH
A PROFESSIONAL CORPORATION
516 W. Shaw Avenue, Suite 200
Fresno, CA 93704
Telephone: [phone]
Facsimile No: [phone]
Attorney for Defendants
GUARDIAN INDUSTRIES CORP. AND ASHLEY KIRKLAND

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:12-cv-00001-LJO-DLB

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STIPULATION OF ALL PARTIES TO
CONTINUE THE SCHEDULING
CONFERENCE AND TO CONTINUE ALL
DATES ASSOCIATED WITH THE
SCHEDULING CONFERENCE AND
ORDER OF THE COURT

CHRISTINE TOTH,

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Plaintiff,

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vs.
GUARDIAN INDUSTRIES CORP., a Delaware
corporation, ASHLEY KIRKLAND, an
individual, and DOES 1 through 20, inclusive,

Current Scheduling Conference: 3/6/12
Proposed Scheduling Conference: 5/16/12

Defendants.

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STIPULATION OF ALL PARTIES TO CONTINUE
THE SCHEDULING CONFERENCE

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I.

BACKGROUND

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This case was initiated by removal of the action from state court by defendant, Guardian
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Industries (hereinafter “Guardian”). Defendants Guardian and Ashley Kirkland (hereinafter
“Kirkland”), each filed motions to dismiss. Plaintiff, Christine Toth, then filed a motion to remand.

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By Minute Order (Docket No. 19), Judge Lawrence J. O'Neill took the motions to dismiss off
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calendar and set the motion to remand for hearing before Magistrate Judge Dennis L. Beck on
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February 10, 2012.
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The Initial Scheduling Conference was set for 3/16/2012 at 09:15 a.m. in Courtroom 9 (DLB)
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The Law Office of
Gregory J. Smith
516 W. Shaw Ave., Suite 200

Fresno, CA 93704
Phone: [phone]
Fax: [phone]

1.
STIPULATION TO CONTINUE SCHEDULING CONFERENCE

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before Magistrate Judge Dennis L. Beck. (Docket No. 3.) Thereafter, the Initial Scheduling

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Conference was reset for 3/6/2012 at 09:15 a.m. in Courtroom 9 (DLB) before Magistrate Judge

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Dennis L. Beck. (Docket No. 7.) The parties agree that the efficient use of their resources is best

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achieved by continuing the Scheduling Conference for approximately sixty (60) days while the

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motion to remand is decided and, if the motion to remand is denied, while the motions to dismiss

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proceed to hearing. The parties also have agreed to participate in private mediation and are in the

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process of agreeing to mediation with one of three mediators already identified.

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The parties wish to avoid the expense of meeting and conferring in advance of the

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Scheduling Conference and the expense of preparing the Joint Scheduling Conference Report. In

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addition, the parties wish to avoid the expense of the Rule 26 conferences and disclosures while the

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motion to remand is pending, the motions to dismiss are pending, and the parties are engaging in

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private mediation.

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II.
A.

STIPULATION

Continuance And Associated Deadlines
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The Scheduling Conference shall be continued from March 6, 2012 to May 16,

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2012 at 9:15 a.m. in Courtroom 9 (DLB) before Magistrate Judge Dennis L.

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Beck.

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2.

All deadlines associated with the Scheduling Conference, including those

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associated with Rule 26 disclosures, shall be continued based upon the new

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Scheduling Conference date of May 16, 2012.

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Dated: January 27, 2012

THE LAW OFFICE OF GREGORY J. SMITH
A PROFESSIONAL CORPORATION

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/s/
By: Gregory J. Smith, Esq.
Attorney for Defendants
GUARDIAN INDUSTRIES CORP. and
ASHLEY KIRKLAND
[e-mail]

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The Law Office of
Gregory J. Smith
516 W. Shaw Ave., Suite 200

Fresno, CA 93704
Phone: [phone]
Fax: [phone]

2.
STIPULATION TO CONTINUE SCHEDULING CONFERENCE

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Dated: January 27, 2012

SMITH JOHNSON, INC.

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/s/
By: William J. Smith, Esq.
Attorney for Plaintiff
CHRISTINE TOTH
[e-mail]

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III.

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ORDER

Based upon the foregoing, the Court finds that good cause exists for the request of the parties
and approves the continuance of the Scheduling Conference.
IT IS SO ORDERED.

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Dated:

/s/ Dennis

January 30, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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The Law Office of
Gregory J. Smith
516 W. Shaw Ave., Suite 200

Fresno, CA 93704
Phone: [phone]
Fax: [phone]

3.
STIPULATION TO CONTINUE SCHEDULING CONFERENCE