Toth v. Guardian Industries Corp. et al

Filing 38

STIPULATION and ORDER Allowing Plaintiff to File a Second Amended Complaint, Continue the Scheduling Conference, and to Continue All Dates Associated With the Scheduling Conference, signed by Magistrate Judge Dennis L. Beck on 4/30/2012. Initial Scheduling Conference RESET for 7/30/2012 at 09:30 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck. (Jessen, A)

WILLIAM J. SMITH - #056116
KIRBY F. CAÑON #276414
2 SMITH JOHNSON, INC.
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2350 West Shaw Avenue, Suite 132
Fresno, California 93711
[phone] Telephone
[phone] Facsimile

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Attorneys for Plaintiff, CHRISTINE TOTH

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CHRISTINE TOTH,

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Plaintiff,

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vs.

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GUARDIAN INDUSTRIES CORP., a
Delaware corporation, and DOES 1 through
20, inclusive,

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Defendants.

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Case No. 1:12-CV-00001-LJO-DLB
STIPULATION OF ALL PARTIES TO
ALLOW PLAINTIFF TO FILE A
SECOND AMENDED COMPLAINT,
CONTINUE THE SCHEDULING
CONFERENCE, AND TO CONTINUE
ALL DATES ASSOCIATED WITH THE
SCHEDULING CONFERENCE AND
ORDER OF THE COURT
Complaint Filed: November 9, 2011

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On April 16, 2012, the parties engaged in a full day of Mediation before Judge Cahill (Ret.).

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To date, the parties are continuing to explore settlement. To streamline the issues before the Court

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and relieve the Court of added administrative responsibilities, Plaintiff wishes to file a Second

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Amended Complaint prior to Defendant filing an additional Motion to Dismiss. Defendant agrees

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to Plaintiff adding a new cause of action before Defendant files it’s next Motion to Dismiss. The

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parties request that this Stipulation be accepted by the Court and so Ordered.

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STIPULATION

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It is hereby stipulated by and between the parties, through their respective counsel, that:

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1.

Plaintiff be permitted to file a Second Amended Complaint, without prejudice to

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Defendant Guardian Industries’ right to move to dismiss any of the causes of action alleged in the

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Second Amended Complaint;

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STIPULATION OF ALL PARTIES TO ALLOW PLAINTIFF TO FILE A SECOND AMENDED COMPLIANT, CONTINUE
THE SCHEDULING CONFERENCE, AND TO CONTINUE ALL DATES ASSOCIATED WITH THE SCHEDULING
Page 1
CONFERENCE AND ORDER OF THE COURT, Case No. 1:12-CV-00001-LJO-DLB

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Complaint from the date it is filed with the Court;

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3.

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The Scheduling Conference currently scheduled for May 16, 2012, be continued to at

least 45 days after the Second Amended Complaint is filed.

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The Rule 26 disclosures be continued to 35 days after the Second Amended Complaint

has been filed with the Court;

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Defendant Guardian Industries has 28 days to respond to the Second Amended

It is so stipulated and agreed.
Dated: April 27, 2012

SMITH JOHNSON, INC.

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/S/WILLIAM J. SMITH

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WILLIAM J. SMITH, Attorneys for Plaintiff
CHRISTINE TOTH

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Dated: April 27, 2012

THE LAW OFFICE OF GREGORY J. SMITH

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/S/GREGORY J. SMITH
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GREGORY J. SMITH, Attorneys for Defendants
GUARDIAN INDUSTRIES CORP.

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ORDER

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Based upon the foregoing, the Court approves the stipulated requests and continues the
Scheduling Conference to July 30, 2012 at 9:30 am before Magistrate Judge Beck.
IT IS SO ORDERED.

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Dated:
3b142a

April 30, 2012

/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE

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STIPULATION OF ALL PARTIES TO ALLOW PLAINTIFF TO FILE A SECOND AMENDED COMPLIANT, CONTINUE
THE SCHEDULING CONFERENCE, AND TO CONTINUE ALL DATES ASSOCIATED WITH THE SCHEDULING
Page 2
CONFERENCE AND ORDER OF THE COURT, Case No. 1:12-CV-00001-LJO-DLB